HRCU WEEKLY UPDATES: ISSUE NO.11 OF 2023
THE HUMAN RIGHTS
CENTRE UGANDA (HRCU)
WEEKLY UPDATE ON KEY
EMERGING HUMAN RIGHTS ISSUES WITHIN THE WORKING ENVIROMENT OF HRDS IN UGANDA
THE WEEK OF 20TH
TO 26TH MARCH 2023
Dear reader,
Your work
in promoting and protecting human rights and fundamental freedoms is highly
appreciated.
Note is
taken that the world continues to grapple with numerous human rights
violations, from discrimination and inequality to political repression and
censorship. As advocates for human rights continue to advocate for justice and
equality, there have been both moments of progress and setbacks.
In this
week's roundup, as we examine the latest developments in the advocacy for human
rights within Uganda, there is still much work to be done to ensure that every
individual is able to live a life free from oppression and discrimination. In
terms of vision-casting, this can be attained if human rights defenders
continue being as resilient as always.
Some key developments
from last week included:
ANTI-HOMOSEXUALITY
BILL: PARLIAMENT PASSES STRICTER ANTI-GAY LAW
Amidst minor in-House opposition, Parliament on
Tuesday last week swiftly passed a legislation with stricter penalties for
people engaged in same-sex activities in Uganda.
The fresh anti-gay law, which previously
met a court nullification after it was lawed by President Museveni in
2014, returned to a nearly full 11th parliament on March 21 as 389 lawmakers
were present in-person, with about 55 MPs following proceedings on Zoom
technology.
Shortly after the start of Tuesday's 6-hour-long
plenary, ruling National Resistance Movement (NRM) party MP Fox Odoi had led
charges against passing the legislation.
“It contains
provisions that are unconstitutional, reverses the gains registered in the
fight against gender-based violence and criminalizes individuals instead of
conduct that contravenes legal provisions,” he said during plenary.
The Bill will now await President Museveni’s
consent.
Source: https://www.monitor.co.ug/uganda/news/national/parliament-passes-stricter-anti-gay-law-4167612
HOMOSEXUALITY
BILL: UN, RIGHTS GROUPS ASK MUSEVENI TO REJECT ANTI-HOMOSEXUALITY BILL
President
Museveni faced calls Wednesday from the United Nations and rights groups to
reject an "appalling" anti-gay bill passed by Parliament.
Homosexuality
was already illegal in the conservative East African nation and it was not
immediately clear what new penalties had been agreed.
UN
High Commissioner for Human Rights Volker Turk on Wednesday March 22, 2023
urged Mr. Museveni not to promulgate the Bill into law.
"The passing of this discriminatory Bill -–
probably among the worst of its kind in the world –- is a deeply troubling
development," he said in a statement.
"If signed into law by the president, it will
render lesbian, gay and bisexual people in Uganda criminals simply for
existing, for being who they are. It could provide carte blanche for the
systematic violation of nearly all of their human rights and serve to incite
people against each other."
Amnesty
International also urged Mr. Museveni to reject the "appalling"
legislation, describing it as a "grave assault" on LGBTQ
people.
CONSTITUTIONAL COURT
CONFIRMS LEGALITY OF CYBER HARASSMENT CRIME
The
Constitutional Court has ruled that section 24 of the Computer Misuse Act,
which makes cyber harassment a crime, is legal.
In
a unanimous decision written by justice Irene Mulyagonja, the Constitutional
court said it cannot sanction the act of harassing people whether offline or
online regardless of their status as private or public individuals.
“Simply stated, cyber harassment is
harassment of an individual or a group of persons that is perpetrated using the
internet. Paragraph 2 (c) of the impugned provision elucidates this when
it explains that the offense is constituted where one knowingly permits
any electronic communications device to be used for any of the purposes
mentioned in section 24 of the Act. It would be a sad day if this court
found that the repeated harassment of any person, whether online or
offline, is a lawful form of expression. Therefore, I would find that section
24 (2) (a) of the Computer Misuse Act is not in contravention of article
28(12) of the Constitution. It provides sufficient explanation of what is
prohibited and so does not go against the principle of legality guaranteed
by the Constitution,” the ruling read in part.
Mulyagonja’s decision followed a petition filed by the Uganda Law Society in
2017 challenging the legality of sections 24 and 25 of the Computer Misuse Act.
They argued that the said sections were contrary to articles 28, 29, and 43 of
the constitution, which guarantee the freedom of speech and expression and
establish the parameters through which these freedoms can be curtailed.
The petition was also consolidated with another by Swaib Gwogyolonga Nsamba,
Unwanted Witness Uganda and Human Rights Enforcement Foundation in which they
challenged the legality of section 179 of the penal code Act, which
provides for criminal libel.
ENHANCING ACCESS TO JUSTICE: MBALE
HIGH COURT LAUNCHES CHILD CARE CENTRE
The Mbale High Court Circuit has
launched a child care centre presided over by the Head of the Circuit, Justice
Godfrey Namundi.
In his remark, Justice Namundi
applauded the Judiciary administration for the innovation of setting up
child-friendly facilities at courts stating that such facilities provide safe
spaces where children can fully participate and be heard during court
hearings.
Adding, "Children’s access to justice requires a system that fully
respects and protects the rights of the child; and also a system that children
can understand, trust and feel empowered to use, including when they are
exposed to violence as victims, witnesses and alleged offenders".
Justice Namundi prayed that the said
centre should live up to its expectations and offers the services, it is meant
to and expressed his gratitude to the Judiciary Management for ensuring that
Mbale High Court is among the first courts to have such a facility in
place.
The Judiciary hopes that the child
care centres will lower rates of absenteeism of nursing mothers, increase
morale and activity and provide a return on investment by making the lives of
mothers as well as their children more bearable while they are at Court which
is part of having a meaningful experience of justice.
Source: https://capitalradio.co.ug/news/2023-03-22-mbale-high-court-launches-child-care-centre/
UGANDA ON 'HIGH ALERT'
AS OPPOSITION-LED PROTESTS ROCK AFRICA
Ugandan
security forces have been put on high alert to avert any spillovers from
opposition-led protests in neighbouring Kenya. One person is said to have been
killed during the protests which have also rocked Senegal, South Africa,
Nigeria and Tunisia over the same economic hardships.
Kenya
opposition leader Raila Odinga, who narrowly lost last year's presidential
election to President William Ruto organised the protests that brought business
to a standstill in Nairobi CBD.
Odinga
said the protests codenamed #Maandamano will now happen every Monday and
Thursday until Ruto's government heeds to their call and finds a solution to
the high cost of living and reverses what he called a stolen election.
President
Ruto warned that the protests will not be allowed as the elections were free
and fair and the high cost of living is only temporary and partly caused by
external factors.
Police
got overwhelmed after thousands of Kenyans turned up for the protests with
their fiercest running battles happening in the poor Kidera neighbourhood - a
strong opposition stronghold. Kenyans are suffering from surging prices for
basic necessities, as well as a sharp drop in the local shilling against the US
dollar and a punishing drought that has left millions hungry.
Source:
https://observer.ug/news/headlines/77191-uganda-on-high-alert-over-kenya-s-opposition-led-protests
REGIONAL PEACE AND
STABILTY: UGANDA TO DEPLOY TROOPS TO DR CONGO THIS MONTH
Uganda will deploy 1,000 soldiers to conflict-torn
eastern Democratic Republic of Congo this month, as part of a regional military
force, a Ugandan army officer announced on Thursday.
M23 rebels have seized swathes of territory in the DRC's North Kivu province since re-emerging from dormancy in late 2021, displacing hundreds of thousands of people. In response, the seven-nation East African Community (EAC) began to deploy a military force to eastern Congo in November in a bid to stabilise the volatile region.
Ugandan Colonel Mike Walaka Hyeroba said on Thursday
that about 1,000 Ugandan troops would deploy in eastern DRC by the end of
the month, as part of the EAC force.
The troops are due to deploy to several areas of
North Kivu currently occupied by the M23, he said, in a video recording shared
with journalists by the provincial government.
Kenyan EAC soldiers are already deployed in some
areas of North Kivu, although locals increasingly view their presence with
suspicion as the M23 has continued fighting.
Ugandan troops are already present in eastern DRC as
part of a joint mission with the Congolese army to fight the Allied Democratic
Forces, another militant group ravaging the region.
CONCLUDING REMARKS
1.
Following
the recently passed Anti Homosexuality Bill, 2023, citizens and all
stakeholders are called upon to respect the mechanisms available for access to justice
for all. Reports and information has been shared of community members taking
mass action against people suspected to be or who have been involved in acts
amounting to homosexuality. Over and above respecting human rights and dignity
of everyone, it is prudent to use formal channels such as the Police and
judiciary to handle any emerging cases in this regard.
2.
The
establishment of a Child Care Centre at the Mbale High Court circuit will play
a crucial role in ensuring access to justice for parents and caregivers with
young children. The centre will provide a safe and secure environment for
children to stay in while their parents or caregivers attend court hearings,
allowing them to participate in legal proceedings without the added stress of
worrying about their children's safety and well-being.
3. The
right to freedom of expression is enshrined in the Constitution and protected
by law. However, cyber harassment has become a growing concern in recent years,
with many individuals facing online abuse, bullying, and defamation. The right
to freedom of expression and protection against cyber harassment are important
issues in Uganda, and efforts to balance these interests must take into account
the need to promote free speech while also protecting individuals from online
abuse and harassment.
Thank
you for reading. Happy new and fruitful week
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