HRCU WEEKLY UPDATE: ISSUE NO. 24 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 7TH
TO 13TH AUGUST 2023
Dear Esteemed
Reader,
It
is a pleasure to welcome you to this week's edition of our updates on human
rights issues and analysis on the emerging issues. In sharing this information
with you, we must remember that human rights are not just a lofty ideal or an
academic concept but a fundamental part of our everyday lives.
HRDs
from across the country are encouraged to continue engaging in thoughtful and
respectful dialogue with key stakeholders while keeping in mind that each and
every one of us has a role to play in advocacy for human rights and fundamental
freedoms. Let us work together to create a world where every person's rights
are respected, protected and realized.
Some
of the updates as compiled include the following:
ANTI-HOMOSEXUALITY
ACT, 2023: WORLD BANK HALTS NEW LOANS TO UGANDA OVER ANTI-LGBTQ LAW
The
World Bank last week announced it will halt new loans to Uganda over the
country’s controversial anti-LGBTQ law.
The
Washington, DC-based lender said on Tuesday last week it would pause project
financing pending a review of measures it introduced to protect sexual and
gender minorities from discrimination and exclusion in its projects.
“Uganda’s
Anti-Homosexuality Act fundamentally contradicts the World Bank Group’s values,”
the lender said in a statement.
“We
believe our vision to eradicate poverty on a livable planet can only succeed if
it includes everyone irrespective of race, gender, or sexuality. This law
undermines those efforts. Inclusion and non-discrimination sit at the heart of
our work around the world.”
The
lender will also increase third-party monitoring and grievance redress
mechanisms “allowing us to take corrective action as necessary,” it said.
The
World Bank Group said in May that the law was not consistent with the lender’s
values and that it was “highly concerned” about its adoption.
Human
rights organisations have widely condemned the anti-LGBTQ law, which imposes
capital punishment for “aggravated homosexuality,” an offence that includes
transmitting HIV through gay sex, and 20 years in prison for “promoting”
homosexuality.
In
June, the US imposed travel restrictions on Ugandan officials in response to the legislation,
which was signed by President Ugandan Yoweri Museveni.
Museveni,
who has referred to homosexuality as a psychological disorder, has rejected
international criticism of the legislation, which he has defended as necessary
to stop the LGBTQ community from trying to “recruit” people.
Source:
https://www.aljazeera.com/economy/2023/8/9/world-bank-halts-new-loans-to-uganda-over-anti-lgbtq-law
COMPLIANCE MATTERS: URSB
DE-REGISTERS 186,000 COMPANIES OVER NON-COMPLIANCE
The
Uganda Registration Service Bureau (URSB) has de-registered 186,000 companies
over failure to comply with provisions of the Companies Act, 2012.
In
the statement published on the URSB official website by the registrar of
companies, Ms. Mercy Kainobwisho, she relied her decision on Section 134(5) of
the Companies Act 2012, where the Bureau first issued a notice on 20th March
2023, requiring all companies to file their annual returns.
Companies
that failed to file annual returns for five years were required to file a
statement of solvency and show why they should not be struck off the register.
Section
134 (1) of the Companies Act 2012 requires all companies registered by URBS to
file annual returns within forty-two days after the annual general meeting of
the year
The
Companies Act in section 134(2) adds that where a company fails to comply with
this section, the firm and every officer of the company who is in default is
liable to a default fine of twenty-five currency points which is about Shs500,
000.
Further
in section 134(4), the Companies Act stipulates that; where a company is
dormant, the directors shall notify the registrar within fifteen working days
from the date of the resolution for dormancy.
Source:
https://www.kfm.co.ug/news/ursb-de-registers-186000-companies-over-non-compliance.html
THE RIGHT TO EDUCATION:
GOVERNMENT ASKED
TO FAST TRACK THE REVIEW OF EDUCATION CURRICULUM
The National Curriculum Development Center has been
asked to fast truck the review of the National curriculum that is focusing on
solving underlying challenges that are affecting the education sector.
Agrey Kibenge the Permanent Secretary at the
Ministry of Gender made the remarks during the release of the May/June
Cambridge examination results at Vienna college Namugongo, where Ugandan
students excelled in Mathematics, Physics, chemistry and biology research.
The current review being chaired by the former
Education minister will perfectly guide the teaching structure on how to fully
prepare leaners into the world of work than pumping them with knowledge that
may not be helpful.
Ugandan schools offering the Cambridge curriculum
include Vienna college Namugongo which has the highest number of candidates
Kabojja, Agakhan, International school of Uganda, Kampala international school,
Galaxy, Rainbow, Acons, Heritage and Taibah schools.
ACCESS TO JUSTICE: 7 OF
12 TERRORISM SUSPECTS OPT FOR PLEA BARGAINING
Seven
out of the 12 suspects who were arrested for alleged terrorism shortly after
the murder of former Buyende district police commander, Muhammad Kirumira have
opted for plea bargaining.
They
are; Jamil Muwonge, Ibrahim Kavuma, Uthman Mugoya, Luutu Kimuli, Juma Swabalu
Sekiti, Daniel Kaaya, and Ismail Ssewanyana. The suspects, who are on remand in
Luzira prisons are jointly charged with Sulaiman Ismael Ssebowa, Sulaiman
Ssenfuka, Andrew Kaweesi, Ahamed Ssebuwufu, and Mariam Kasujja, who are out on
bail.
On
Wednesday last wek, the suspects appeared before lady justice Susan Okalany in
the international crimes division of the High court. The prosecution alleges
that between 2015 and 2018, the accused, along with others still at large, in
various areas including Kampala, Wakiso, Masaka, Rakai, Kyotera, Buikwe, and
the Busoga region, were associated with or professed allegiance to the Allied
Democratic Front (ADF), a rebel group led by Jamil Mukulu.
Source:
https://observer.ug/news/headlines/78809-7-of-12-terror-suspects-opt-for-plea-bargaining
INTERNATIONAL YOUTH DAY:
YOUTH DEMAND INVOLVEMENT IN
ENVIRONMENTAL CONSERVATION
Ugandan
Youth have urged the government to begin considering investing adequately in
young people in line with promoting and conserving the environment and also
health.
They
sounded the call at Kibuli Police Children's School where hundreds of youth
from Ghetto areas of Namuwongo, Katwe, Nsambya, Kibuli, and Kabalagala
gathered to mark international youth day celebrations under the theme ‘’Green
Skills for Youth: Towards a Sustainable World'
International
Youth Day, observed annually on August 12, is a special day recognized by the
United Nations to bring attention to the issues impacting young people
globally.
Zzaga
Sadat Zziwa, the chairperson of the National Youth advocacy platform noted that
government must also come up with a policy that recognizes efforts that youth
put in the growth of the country’s economy.
‘’We
are here in the Ghettos of Kibuli together with partners such as Plan
International, Act Together, and Leaders to celebrate the day, to appreciate
the work and efforts of the Youth contributing to this country, but at the same
time to understand the gaps and voice them up to ensure that we have a
conducive environment for everyone to participate in climate Action’’ Sadat
said.
Source:
https://capitalradio.co.ug/news/2023-08-14-youth-demand-involvement-in-environmental-conservation/
ACCESS TO JUSTICE AND
THE RIGHT TO FREEDOM FROM TORTURE:
KARAMOJA IRON SHEETS: MINISTER KITUTU TRIAL HALTED OVER
TORTURE
The
Anti-Corruption court has halted the trial of Karamoja Affairs minister Mary
Gorreti Kitutu Kimono who is accused of diverting iron sheets meant for the
vulnerable people of Karamoja sub-region.
Today
Friday, lady justice Jane Okuo Kajuga halted the trial pending the
determination of an application in which Kitutu is challenging the trial on
grounds of torture and several human rights violations inflicted on her while
inside police custody.
Kitutu is jointly charged with her brother Michael Naboya Kitutu and
her personal assistant Joshua Abaho. 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 by diverting 9,000 iron sheets from the intended purpose of benefiting
the Karamoja Community Empowerment Program to her own benefit and to the
benefit of third parties.
It is also alleged that while at the same place, in January 2023, Kitutu
and her PA Abaho diverted 5,500 iron sheets for unrelated purposes and they
ended up being received by third parties yet he was charged with the duty of
keeping them in good and safe custody as the receiver.
Kitutu
contended that the actions of the state agents were calculated to deny her a
fair hearing and to cast her as a villain in the public domain and as such, her
rights were violated irreparably and gravely compromised. She further argues
that the process leading to her arrest by the police, the interrogation by the
parliamentary presidential affairs committee, and other state institutions
subjected her to torture, cruel, inhuman, and degrading treatment during the
course of investigations against her.
Kitutu said that the entire process was tainted with gross abuse of her non-derogable
rights and the DPP has also additionally violated her right after denial of
disclosure of exhibits and documents they intend to rely on to prosecute her.
She now wants the charges against her dismissed on that basis.
CONCLUDING REMRAKS
1.
Uganda
is a developing country with significant economic challenges, including
poverty, unemployment, and underdeveloped infrastructure. The World Bank, as a
major international financial institution, has over the years provided financial
resources, technical expertise, and policy advice to help Uganda address these
challenges and promote sustainable economic growth and advance rights and
freedoms.
2.
A
good curriculum is essential for promoting the right to education by providing
quality, equitable, and relevant learning experiences that empower individuals
to reach their full potential, contribute to society, and participate in the
development of their communities and the world.
3.
Plea
bargaining is a process in the criminal justice system where the defendant and
the prosecutor negotiate an agreement that typically involves the defendant
pleading guilty to a lesser charge or receiving a reduced sentence in exchange
for cooperating, providing information, or saving the court's time and
resources by avoiding a trial. Subsequently, while plea bargaining offers
numerous benefits, it is essential to strike a balance between efficiency and
fairness.
4.
Incorporating
youth perspectives and involving them in decision-making processes related to
environmental conservation is essential for creating a sustainable and
resilient future for Uganda. By investing in their education, participation,
and empowerment, the country can leverage the energy and passion of its young
population to address environmental challenges effectively.
Thank you for reading.
Happy new week
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