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. 

Members of Parliament are seen during plenary on March 21, 2023 as the House debated the controversial anti-gay bill. PHOTO/HANDOUT

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. 

President Museveni. He faced calls Wednesday from the United Nations and rights groups to reject an "appalling" anti-gay bill passed by Parliament. FILE PHOTO/ PPU 

Source: https://www.monitor.co.ug/uganda/news/national/un-rights-groups-ask-museveni-to-reject-anti-homosexuality-bill-4168622

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. 

Court ruled that cyber harassment is a crime 

Source: https://observer.ug/news/headlines/77219-constitutional-court-confirms-legality-of-cyber-harassment-crime

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.  

Police spokesperson Fred Enanga 

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.

Uganda People’s Defence Forces (UPDF) soldiers prepare to bomb Allied Democratic Forces camps at Luanoli in the eastern Democratic Republic of Congo on March 8, 2022. PHOTO | FILE

Source: https://www.monitor.co.ug/uganda/news/national/uganda-to-deploy-troops-to-dr-congo-this-month-4170638

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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