HRCU WEEKLY UPDATE: ISSUE NO. 21 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 26^TH JUNE TO 2^ND JULY, 2023

Dear reader,

Welcome to this new week!

Human rights are of utmost importance in Uganda’s growth and development, as they are in any country. Human rights are natural entitlements that all individuals possess by virtue of being human, regardless of their nationality, race, religion, gender, or any other aspect. These rights are inherent, indivisible, universal, interdependent and they provide the foundation for human dignity, freedom, and equality.

By upholding human rights, Uganda can create an environment where every individual can live a life of dignity, freedom, and equality, leading to sustainable development and a just society.

Please read through some of the key stories that emerged from last week.

IGG ORDERS FORMER NSSF BOSS BYARUGABA TO REFUND SHS 3 BILLION

Former National Social Security Fund (NSSF) managing director, Richard Byarugaba has been ordered to refund Shs 2.6 billion by the Inspectorate General of Government (IGG).

The 61-page investigation summary report into over 15 allegations of abuse of office, corruption, and mismanagement revealed that Byarugaba made irregular payments to NSSF staff members who voluntarily left their positions and resigned board members. The IGG also wants Byarugaba and other officials at the fund to reimburse money advanced to them for trips they did not fully cover. They are said to have spent fewer days than they should have as per the money advanced to them in per diems.

Byarugaba and Stevens Mwanje, the head of finance are singled out for making irregular payments to staff members who exited through the voluntary early retirement program. NSSF is said to have lost over Shs 4.4 billion under that scheme.  

Investigations on NSSF by the parliament and IGG originated from allegations of corruption and mishandling of the Shs 17.9 trillion fund, as well as the controversies surrounding the reappointment of Byarugaba as the managing director. Byarugaba had reached the mandatory retirement age of 60 years. In November 2022, Dr. Peter Kimbowa, the chairperson of the NSSF board had recommended to Gender and Labour minister, Betty Amongi to have Byarugaba reappointed. Kimbowa justified this based on the fund's growth over 12 years, resulting in a balance sheet size of Shs 17 trillion. The board argued that reappointing Byarugaba would address management gaps that could jeopardize the workers' funds.

Source: https://observer.ug/news/headlines/78366-former-nssf-boss-byarugaba-told-to-refund-shs-2-6-billion

MINISTER KITUTU COMMITTED TO HIGH COURT FOR TRIAL OVER KARAMOJA IRON SHEETS

The Anti-Corruption court has committed Karamoja Affairs minister Mary Goretti Kitutu and her two co-accused to the High court to face trial on charges related to the diversion of the iron sheets meant for the Karamoja sub-region. 

Kitutu, her brother Michael Naboya Kitutu, and personal assistant Joshua Abaho were committed today Thursday by chief magistrate Joan Aciro.

This was after the prosecution led by state attorney Jonathan Muwaganya told court that inquiries into the case against the suspects were complete. Court also heard that Kitutu's brother Naboya who wanted to block the trial on lack of jurisdiction grounds has since lost the bid in a superior court.

The prosecution alleges that between the month of June 2022 and January 2023 at the Office of the Prime Minister's stores in Namanve, Mukono district, Kitutu caused the loss of public property in the form of 9,000 pre-painted iron sheets of gauge 28 by diverting them from the intended purpose of benefiting the Karamoja Community Empowerment Program to her own benefit and to the benefit of third parties having reason to believe that such action would lead into a loss of the said property.

The suspects who are out on bail will wait for the High court to give them a date as to when the hearing of the case against them will commence. In April, the state minister for Karamoja Affairs Agnes Nandutu was also committed to High court for trial on charges of dealing with suspect property contrary to section 21A(1) of the Anti-Corruption Act, 2009. 

DPP last week informed journalists that she had closed 17 case files of suspects implicated in the iron sheets scandal due to lack of sufficient evidence.

Source: https://observer.ug/news/headlines/78341-minister-kitutu-committed-to-high-court-for-trial

PROMOTION OF THE RIGHT TO EDUCATION: GOVERNMENT TOLD TO PROVIDE BOOKS FOR NEW CURRICULUM

A section of legislators has tasked Government to provide schools with learning materials saying several secondary schools were using the old curriculum to teach the new curriculum.

Kalungu West Mp Joseph Gonzaga Ssewungu says that Government introduced the new lower secondary school curriculum in February 2020, but up to now, it has not provided books to be used in the new curriculum yet they're very expensive to buy at the open market.

“The National Curriculum Development Centre or the National Examination Boards will set exams based on the curriculum, that is why you will find USE schools failing because they do not have books while those in urban areas can afford to buy the books,” he said.

The Minister of State for Education and Sports Peter Ogwang, said that his ministry requested funds to purchase the learning materials but the money was not provided.

The speaker Anita Among wondered how the government introduced a new curriculum without providing the required learning materials. Among asked the Ministry of Education to bring a statement indicating how many the number of schools that have been given the learning materials.

Source: https://capitalradio.co.ug/news/2023-06-30-government-told-to-provide-books-for-new-curriculum/

UGANDA'S CIVIC SPACE IS SHRINKING - REPORT

Rights to information and expression, rights to assemble and association as well the rule of law, among others were the most violated freedoms in 2022, with police being the leading perpetrator, followed by the judiciary, a human rights report has revealed.

Figures from the 2022 Civic Space Index report by the National Coalition of Human Rights Defenders Uganda, NCHRD-U, released on June 20 indicates that 73 per cent of the Ugandans interviewed in last year's survey on human rights agreed that Uganda is on a regressive journey in respect to human rights and rule of law.

"Citizen Participation came 4th and Non-discrimination and inclusion was 5th with 43 per cent and 26 percent respectively, the report released by NCHRD-U reads in part.

The major human rights concerns raised by the respondents in the survey are; police brutality, abductions by security operatives and corruption. Others were torture, NGO closures, unfair restrictions on peaceful demonstration and abuse of women and girls.

The report named police as the leading violator of civic space, followed by the courts and the judicial system. Uganda People's Defense Forces (UPDF) was ranked third on the ladder of human rights violators, others include, the executive, Parliament and Uganda Communications Commission, among others.

Source: Source: https://www.monitor.co.ug/uganda/news/national/uganda-s-civic-space-is-shrinking-report-4277828

FORMER ISO BOSS, COLLEAGUES ORDERED TO PAY SHS175M TO TORTURE VICTIM

The High Court in Kampala has directed ex-Internal Security Organisation (ISO) Director Col Kaka Bagyenda and 14 security operatives to pay Shs175 million to a businessman who was illegally tortured and detained at Lwamayuba island in Kalangala district for more than a year without any charges. The order was issued by Justice Musa Ssekaana.

This is after the victim, a one Musa Nsereko proved to court that he was arrested on May 27, 2018, by a combined forces of the Internal Security Organisation and other militia while coming from  Kyengera to Nabbingo.

In his ruling, Justice Ssekaana noted that whereas there is a comprehensive legal regime that prevents and prohibits torture, it is evident that the violations of the right to freedom in the form of torture and cruel, inhuman, and degrading treatment or punishment are still rampant in Uganda.

The Judge said there is sufficient evidence that Col Bagyenda and his group are responsible for the torture inflicted onto Nsereko but not the government.

According to the judgment issued online, Nsereko was awarded interest at a rate of 15% from the date of ruling until payment in full.

Source: https://www.kfm.co.ug/news/former-iso-boss-colleagues-ordered-to-pay-shs175m-to-torture-victim.html

UK ISSUES TRAVEL ADVISORY AGAINST UGANDA OVER TERROR THREATS

The United Kingdom has issued a travel advisory to its citizens against Uganda, citing increased terrorism threats.

This follows the June 16^th attack on a school in Mpondwe, Kasese district by suspected Allied Democratic Forces (ADF) rebels that left at least 43 people dead.

The Commonwealth & Development Office says the travel advice aims to inform British nationals so they can make decisions about travelling to Uganda.

In a statement, it says terrorists are very likely to try to carry out attacks in Uganda, which could be indiscriminate or against foreign nationals or places frequented by foreign nationals.

It thus advises British nationals to be vigilant at all times, especially in crowded areas and public places like hotels, transport hubs, restaurants, and bars, and during major gatherings like sporting or religious events and when in close proximity to government buildings or security installations such as police stations.

One of the recent attacks by suspected terrorists was on November 16, 2021, when assailants used two explosive devices in central Kampala, killing 4 and injuring 33 people. Two further explosive devices were disarmed by the police.

On October 25, 2021, terrorists used an explosive device on a bus travelling on the Kampala-Masaka road near Mpigi killing, one person.

On October 23, 2021, terrorists used an explosive device to attack a restaurant in Kamamboga, a suburb in the northeast of Kampala, killing one person and injuring others.

The Uganda Police Force regularly issues alerts, particularly around public holidays or religious events.

Source: https://www.kfm.co.ug/news/national-news-news/uk-issues-travel-advisory-against-uganda-over-terror-threats.html

CONCLUDING REMARKS

1.   Civic space is essential for the functioning of democracy and good governance. It allows citizens to freely express their opinions, participate in decision-making processes, and hold government officials accountable. Promoting civic space in Uganda ensures that the voices of the people are heard, fostering a more inclusive and participatory democracy. Promoting civic space in Uganda is vital for democracy, human rights, civil society strengthening, social and economic development, transparency, accountability, peaceful conflict resolution, and sustainable development. It empowers citizens, enhances governance systems, and creates an inclusive and participatory society that benefits all.

2.   Corruption has significant adverse effects on human rights and governance. Efforts to combat corruption and promote good governance are crucial to protecting human rights. Strengthening transparency, accountability, and the rule of law, as well as promoting a culture of integrity and ethical leadership, are essential to mitigating the detrimental effects of corruption on human rights and governance.

3.   Compensating torture victims is crucial for achieving justice, promoting accountability, supporting rehabilitation, preventing future abuses, restoring dignity, strengthening the rule of law, and upholding international human rights standards. It is an essential step towards healing the wounds inflicted by torture and promoting a more just and compassionate society.

4.   It is crucial for all of us to remain vigilant and proactive in our efforts to prevent terror attacks. Our collective safety and security depend on our ability to recognize and report suspicious activities or behaviors that may pose a threat to our communities.

Thank you for reading. See you next week