HRCU WEEKLY UPDATE: ISSUE NO. 15 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 24TH
TO 30TH APRIL 2023
Dear reader,
Welcome to this new week,
Events from last week were majorly around the right to freedom of expression and peaceful assembly, the Anti-Homosexuality Bill, 2023 and its implications especially on aid and donor support from western countries, and the evacuations of Ugandans from the war disturbed Sudan.
Relatedly,
HRCU welcomes back all HRDs and the general public from celebrations to mark
the International labour day which were held on Monday May 1, 2023 in Namutumba
district. During the celebrations, the civil society fraternity in Uganda called
for streamlining of labour laws to protect employees' rights and further
promote economic rights as provided for under article 40 of the 1995 Uganda
Constitution.
ANTI-HOMOSEXUALITY
BILL, 2023: MUSEVENI DECLINES TO ASSENT TO ANTI-GAY BILL
President Museveni last week returned the
Anti-Homosexuality Bill, 2023, illuminating a string of issues he wants
tweaked. Key among the proposals is to criminalise same-sex activities and not
people who either identify or are labelled homosexual.
If adopted, the President’s proposals could let
landlords and those in charge of premises that may be used for acts of
homosexuality off the hook. A provision in the current Bill recommends a
one-year jail sentence. Mr Museveni said this is “unnecessary” since another
clause rests the burden on the actual person responsible for the premises.
Mr. Museveni argued that while it is clear that
society does not accept homosexual conduct or actions, homosexuals who have not
engaged in homosexuality should not be punished.
Mr. Museveni returned the Bill after back-to-back
meetings with legislators to iron out disagreements, and reach a harmonised
position. This is expected to ease the passing of the proposals.
Mr. Museveni also disagreed with the provision that
mandated any individual to report any acts of homosexuality.
According to the President, this should be deleted
or reviewed to apply to the protection of children. The provision criminalised
failure to report, prescribing a fine of 5,000 currency points (Shs100m) or
imprisonment for six months.
Source: https://www.monitor.co.ug/uganda/news/national/museveni-declines-to-assent-to-anti-gay-bill-4214724
ANTI-HOMOSEXUALITY BILL, 2023: EU PARLIAMENT CONDEMNS UGANDA OVER ANTI-GAY
LAW
The
European parliament condemned Uganda for its tough stance on homosexuality and
warned that if President Museveni signs the Bill into law, the EC should
trigger human rights sanctions and economic restrictions on Uganda. Parliament
passed the Anti-Homosexuality Bill in March amidst widespread condemnation from
the European countries and Americas.
The
passing of the Bill was followed by condemnation from the US government,
Western human rights organisations and other groups. The EU parliament said it
has decriminalised homosexuality and urged 63 UN member states that still
criminalise the act to drop criminal acts against the groups.
“The EU Parliament condemns, in the strongest
possible terms, the Bill adopted on 21 March 2023 by the Ugandan Parliament,
which increases sentences and widens the scope of Uganda’s legislation criminalising
homosexuality and transgender identity; considers that its adoption is in stark
violation of the Ugandan Constitution and Uganda’s international obligations
arising from the African Charter and the UN international law architecture,”
the resolution read in part.
The
EU parliament accused Uganda of homophobic rhetoric among politicians,
religious leaders and other significant figures, with ever increasing pressure
being put on civil society, as well as a rise in state-sponsored anti-LGBTIQ
hate speech.
FREEDOM
OF EXPRESSION AND PEACEFUL ASSEMBLY: DRAMA AS POLICE ARREST FEMALE MPS
PROTESTING HARASSMENT
There was drama near Parliament on Thursday last
week as police arrested about 11 female opposition legislators who aimed
to lead a peaceful demonstration to a government office.
The Members of Parliament were planning to hold
a peaceful march on April 27, 2023, moving from Parliament to the Ministry of
Internal Affairs to deliver a petition against police and other security
agencies which often frustrate dissident activities, including rallies.
Security officials, mostly female police, circled
the protesting lawmakers and blocked their moves before viciously rounded
up the group, and later throwing them on waiting police vehicles. The
cars included a patrol and van.
The MPs who participated in the demo were:
Joyce Bagala- MP Mityana, Florence Kabugho- MP
Kasese, Betty Ethel Naluyima- MP Wakiso, Joan Acom Alobo- MP Soroti City, Asinansi
Nyakato- MP Hoima city , Hellen Nakimuli- MP Kalagala, Joan Namutawe-MP Masaka,
Juliet Kakande- MP Masaka City, Hanifa Nabukeera- MP Mukono , Stella Apolot- MP
Ngora , Manjeeri Kyebakutika- MP Jinja City
SPEAKING AGAINST HUMAN RIGHTS
VIOLATIONS: UHRC SUMMONS IGP OCHOLA OVER BRUTALITY AGAINST PROTESTORS
The
Uganda Human Rights Commission (UHRC) last week summoned the Inspector General
of Police (IGP) Martins Okoth Ochola to appear before the commission over
allegations of violently stopping lawful gatherings.
In
her letter dated April 27, 2023, the commission’s chairperson, Mariam Wangandya
asks Mr. Ochola to appear before the commission on May 4, 2023, at 10 am.
The
commission said the allegations are in regard to article 29(a), (d), and (e),
as well as article 221 of the constitution.
“You
are by this summons required to appear before this commission on the 4th day of
May 2023 at 10:00 0′ Clock in the fore/afternoon to respond to the said
allegations at the Commission,” the letter reads in part.
Last
week, police arrested at least 11 female opposition MPs led by Mityana Woman
MP, Joyce Bagala outside Parliament.
The
MPs were holding a peaceful demonstration against the manner in which police
have been brutally stopping their belated Women’s Day celebrations in their
respective constituencies.
The
female MPs were marching from Parliament to the Ministry of Internal Affairs to
deliver a petition against police and other security agencies for their
unlawful conduct in quelling peaceful gatherings.
Source:
https://www.kfm.co.ug/news/uhrc-summons-igp-ochola-over-brutality-against-protestors.html
ACCESS TO JUSTICE FOR
ALL: JUDICIAL SERVICE COMMISSION UNDER FIRE OVER SELECTIVE JUSTICE
Several
top legal minds accused the Judicial Service Commission (JSC) of
inconsistent application of legal due process. This is grounded in the delayed
pronouncement of the JSC on two complaints addressed to it in March 2021
against Chief Justice Alfonse Owiny-Dollo by former presidential candidate
Robert Kyagulanyi and legal activist Male Mabirizi.
In
separate petitions, the two accuse Owiny-Dollo of misbehaviour and incompetence
arising from his handling of the 2021 presidential election petition by
Kyagulanyi.
This
comes in the wake of the JSC’s quick expedition of a much later complaint
related to the presidential petition, to which Owiny-Dollo referred Justice
Esther Kisaakye.
Human
rights lawyer Eron Kiiza said the quick expedition of Dollo’s petition against
Kisaakye looked like the JSC was on a witch-hunt against Kisaakye.
“Several
complaints about different judicial officers have been brought to the JSC, but
the cases have died there. It is only Justice Kisaakye’s case that the JSC
seems to have handled almost to the end. You can smell in a cup of coffee that
Kisaakye is being crucified for something.”
Like
Kiiza, human rights lawyer Ivan Bwowe said it was absurd that the JSC was
selectively handling cases
CONCLUDING REMARKS
1.
Police
brutality is harmful to individuals, communities, and society as a whole. It
undermines the rule of law and damages the relationship between law enforcement
and the people they serve. It is important to hold police officers accountable
for their actions and work towards creating a more just and equitable society.
In addition, police officers must always apply elements such as the human
rights based approach while enforcing laws.
2.
The
Inspector General of Police (IGP) has an important role to play in promoting
human rights within the police force and ensuring that officers respect the
rights of citizens. The office of the IGP can work closely with HRDs and other
key stakeholders to ensure that police officers receive proper training on
human rights and how to respect and protect them. This can include trainings on
how to conduct arrests, use of force, and interacting with vulnerable
populations and apply the human rights based approach at all times.
3.
The
role of parliament in passing good laws is crucial for promoting democracy,
protecting human rights, and advancing the interests of citizens. By engaging
in open and transparent decision-making processes, parliamentarians can help to
build public trust in the law-making process and create a more just and
equitable society.
4.
The
role of the Judicial Service Commission in promoting justice in Uganda is
critical for upholding the rule of law and protecting the rights of citizens.
By ensuring that the judiciary is independent, impartial, and accountable, the
JSC helps to promote public confidence in the judicial system and create a more
just and equitable society. Therefore, fairness and impartiality of the
Judicial Service Commission is essential for promoting justice and upholding
the rule of law in Uganda. By ensuring that judges and other judicial officers
are held to high ethical and professional standards, the JSC can help to create
a more just and equitable society for all citizens.
Thank you for reading
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