HRCU WEEKLY UPDATE: ISSUE NO.12 OF 2023
THE HUMAN RIGHTS
CENTRE UGANDA (HRCU)
WEEKLY UPDATE ON KEY
EMERGING HUMAN RIGHTS ISSUES WITHIN THE WORKING ENVIROMENT OF HUMAN RIGHTS DEFENDERS
IN UGANDA
THE WEEK OF 27TH MARCH
TO 2ND APRIL 2023
Dear reader,
Welcome to the month of April, 2023!
HRCU is delighted to continue compiling and sharing
with you some key issues and updates within the working environment of human
rights defenders (HRDs) in Uganda with a focus on those issues that touch human
rights and fundamental freedoms for all.
Through these updates and their analysis, HRCU is of
the intention or aim that HRDs shall not
only be informed but also pick up action points and work towards creating
positive change in their working environment and nation as a whole.
Some of the developments from last week included the
following:
ACCESS
TO JUSTICE: SUPREME COURT HEARS ONLY 4 CASES IN LAST QUARTER – REPORT
The Supreme Court handled only four cases in the
past quarter, a Judiciary quarterly performance report has shown.
The poor performance for the months of October,
November, and December of 2022 by the highest court in the land was attributed
to the lack of office space for the justices to sit and operate from.
This followed a fire outbreak in the chambers of the
Chief Justice in the then Kololo-based rented court building in April last
year, making the building unsafe for occupancy.
According to the quarterly performance report, the
best-performing division was the Land Division which completed a total of 2,252
cases while Jinja High Court was the best-performing circuit. At the
magisterial level, the courts completed 29,158 cases during the period in
review against the set target of 25,000 cases.
PROMOTION
OF THE RIGHT TO EDUCATION: DILAPIDATED CLASSROOMS WORRY TEACHERS, PUPILS AS
RAIN INTENSIFIES
Teachers and learners at St. Charles Lwanga Primary
School, Kisitula in Lwabenge Sub County, Kalungu District have decried the poor
state of classrooms at the school which is on the verge of collapsing.
According to Mr. Andrew Ssemanda, the school Head Teacher,
whenever it rains, they fear that the debris may fall on pupils and teachers
because the entire classroom block which houses P1 to P7 is weak and its roof
is worn out.
Ms. Flavia Kabagabe, a Primary Four teacher, said
that whenever it rains, they all converge in one of the corners of the
classroom to avoid getting soaked in water.
Kalungu District Education Officer, Ms. Grace Sylvia
Nakanwagi in a telephone interview said she is not aware of the current sorry
state of classrooms at St. Charles Lwanga Primary School.
CIVIC
ENGAGEMENT: POLICE ARREST 11 ACTIVISTS IN PROTEST AGAINST CORRUPTION
Police
in Kampala confirmed arrest of 11 activists that were demonstrating
against corruption and the iron sheets scandal involving top government
officials.
The
group identified as the Torture Survivors Movement UG group staged the
demonstration in downtown Kampala after morning downpour.
Protesting
activists carried iron sheets demanding the government to give justice to the
vulnerable people of the Karamojong sub region who were the intended
beneficiaries of the iron sheets scandalously shared amongst some government
officials including ministers.
Police
fired tear gas to disperse the protesters around noon on Tuesday.
The
Kampala Metropolitan Police spokesperson Patrick Onyango told Monitor that
this was a group of unruly youth who mobilized themselves and staged a violent
demonstration in the capital city.
According
to police, the group assaulted their officers including the in charge Mini
Price Police Post Assistant Superintendent of Police (ASP) Rutagira Musiimenta.
PERFORMANCE
OF GOVERNMENT INSTITUTIONS: ELECTORAL COMMISSION DECRIES SMALL WORKSPACE AT
NEW HOME
The Electoral Commission (EC) chairperson, Justice
Byabakama Simon Mugenyi decried the small workspace availed at their new
offices at Industrial Area, Kampala.
Speaking during the official opening of its new
temporary head offices, Byabakama said that while this new (temporary) home
offers an improved office layout and working environment, it falls short of
meeting the Commission’s space requirements. EC staff capacity is currently 310
persons, excluding security personnel.
Byabakama further called for support from
stakeholders as the commission seeks to establish a state-of-the-art home that
will offer suitable offices, storage facilities, and an enhanced professional
image.
Government tasked the National Housing and
Construction Company (NHCC) to provide the Electoral Commission with a
temporary office premise and establish a customized permanent home for the
electoral body.
The Commission then embarked on the process of
relocating from Plot 55, Jinja Road, Kampala to pave way for the development of
the Kampala Flyover Construction and Road Upgrading Project (KFCRUP).
Source:https://www.kfm.co.ug/news/ec-decries-small-workspace-at-new-home.html
RIGHT TO PERSONAL
LIBERTY/RIGHT TO FREEDOM OF ASSEMBLY: AMNESTY INTERNATIONAL FAULTS GOVT FOR
PREVENTIVE DETENTION
Government
continues to employ preventive detention and criminal charges to deter
criticism from its opponents, the newly- released 2022 Amnesty International
annual report indicates.
Released
on March 27 by Agnès Callamard, the Secretary General of Amnesty International,
the report shows that in 2022, Ugandan authorities continued to criminalize
protests without legal basis.
The
Constitution of Uganda spells out that every person has the freedom to assemble
and to peacefully demonstrate with others and to petition the government.
The
report highlights that between May 12 and May 23, 2022, police placed
opposition leader Kizza Besigye under house arrest after he attempted a protest
walk in Kampala against the high cost of living. On May 23, 2022, the police
arrested and detained him for several hours after he left home to resume his
protests in Kampala.
Police spokesperson Fred Enanga reasoned at
the time that they were preventing him from carrying out an offence.
Source:https://observer.ug/news/headlines/77290-amnesty-international-faults-govt-for-preventive-detention
ACCESS TO JUSTICE AND
THE RIGHT TO A FAIR AND SPEEDY HEARING: GULU COURT STUCK WITH 3,000 CASES
The Gulu
High Court is stuck with 3,056 unheard cases, according to resident judge
Phillip Odoki.
Justice
Odoki made the statement on Monday last week before the commencement of a
four-day criminal session of the Court of Appeal.
The
session, opened by Deputy Chief Justice, Richard Buteera, ended on March 30 at the Gulu High Court. Justice
Odoki said the Gulu High Court is overwhelmed by case backlog, with some cases
having been filed 20 years ago.
He said the majority of these cases are related to land, sexual offences, and
gender-based violence.
In
response, Deputy Chief Justice Buteera said there are delays in several courts
in disposing of cases due to inadequate human resources.
He, however, said the Judiciary is
working on expanding its manpower by, among others, recruiting a chief
magistrate in every district and a magistrate per county.
Source:https://www.monitor.co.ug/uganda/news/national/gulu-court-stuck-with-3-000-cases-4177176
CONCLUDING REMARKS
1.
The
Supreme Court is the highest court in Uganda, and it plays a crucial role in
the country's legal system. A functional Supreme Court is essential for
upholding the rule of law, protecting citizens' rights, and ensuring that
justice is served. There is need to fully fund and facilitate the judiciary and
monitor its performance to ensure that as many cases as possible are heard and
disposed expeditiously.
2.
Dilapidated
classrooms in Uganda can have a significant impact on the realization of the
right to education which is one of the
rights that calls for quality education
in a safe and conducive environment. All
stakeholders especially government/the State must enhance efforts to improve
and maintain classroom facilities across the country.
3.
The
arrest of human rights defenders in Uganda can have significant negative impact
on human rights, democracy, civil society work and development. To protect
human rights and promote democratic participation, it is important that human
rights defenders are able to engage in peaceful demonstrations without fear of
harassment or arrest against some of the vices that hinder promotion of rights
and freedoms HRCU reminds all HRDs to always conduct their work using peaceful means and in accordance with
available laws in order to avoid
harassments and arrests by law enforcers.
4.
The
reported limited working space by the Electoral Commission could have serious
implication for the credibility and effectiveness of the Electoral Commission
in Uganda. It is crucial for the government and other stakeholders to address
this issue as soon as possible to ensure the effective implementation of the Commission’s
mandate.
HRCU wishes you a
blessed and fruitful week.
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