HRCU WEEKLY UPDATES: ISSUE NO. 3 OF 2024

THE WEEK OF 22ND TO 28TH JANUARY 2024

Dear reader,

Welcome to this week!

As we delve into this week’s edition of the weekly updates on the working environment of HRDs and key emerging issues, we will begin with a quote by former United Nations High Commissioner for Human Rights, Mary Robinson:

"We must understand the role of human rights as empowering of individuals and communities. By protecting these rights, we can help prevent the many conflicts based on poverty, discrimination and exclusion (social, economic and political) that continue to plague humanity and destroy decades of development efforts. The vicious circle of human rights violations that lead to conflicts-which in turn lead to more violations-must be broken. I believe we can break it only by ensuring respect for all human rights."

Therefore, it is imperative that as HRDs, we continue to speak about human rights as this helps raise awareness about issues affecting individuals and communities, including violations, discrimination, and systemic injustices. By shining a spotlight on human rights abuses, HRDs can educate the public, and galvanize action to address the recurring challenges.

Please read some of the issues that emerged last week

THE RIGHT TO EDUCATION: UNEB RELEASES 2023 PLE RESULTS WITH DROP IN DIVISION ONE, TWO

The Uganda National Examinations Board (UNEB) announced Thursday that the number of candidates who scored in Divisions One and Two in the 2023 Primary Leaving Examinations (PLE) has seen a slight decrease compared to the previous year.

However, UNEB Executive Director Daniel Odong highlighted a positive trend, noting an increase in the number of candidates achieving Division 3 and above compared to 2022 results. Overall, Mr. Odong reported that the pass rate remains consistent with last year, at 88.0%.

“A higher proportion of the 2023 candidates passed in Division 3 and above level. Overall, the performance of candidates is comparable to that of 2022,” Mr. Odogo said. Encouragingly, the examination body also registered a decline in the number of ungraded candidates in the 2023 PLE results.

“Division U (Ungraded) is awarded to candidates who have failed to reach the minimum level of performance that can be awarded at least a Division 4 They are not eligible for admission to the Senior 1 class. It should be noted that the number of candidates in Division U is quite high, at 88,269 (10.4%) and should raise concern so that they do not just add to the statistics of school drop-outs,” he said on Thursday.

Source: https://www.kfm.co.ug/news/uneb-releases-2023-ple-results-with-drop-in-division-one-two.html

PLE RESULTS: 88,000 PUPILS NOT ELIGIBLE FOR ADMISSION TO SENIOR 1

Nearly one third of the pupils in the districts of Kibuku, Madi Okollo, Dokolo, Kween and Namisindwa are not eligible to move to Senior Secondary school after scoring Division U (Ungraded). Many other districts have over 20% of the candidates in Division U.

Uganda National Examinations Board Ed Dan Odongo revealed that Division U is awarded to candidates who have failed to reach the minimum level of performance that can be awarded, at least a Division 4 and they are not eligible for admission to the Senior 1 class.

“It should be noted that the number of candidates in Division U is quite high, at 88,269 (10.4%) and should raise concern so that they do not just add to the statistics of school drop-outs. It is necessary to find out the causes and address them,” Odongo said, ading that ” There are districts such as Kibuku (31.5o), Madi Okollo (31.5%), Dokolo (28.9%), Kween (28.4%), Namisindwa (28.9%) where the percentages are well above the national average.”

He said this before the First Lady and Minister of Education and Sports Janet Museveni officially released the 2023 Primary leaving Exams in Kampala.

Source: https://www.independent.co.ug/ple-results-88000-pupils-not-eligible-for-admission-to-senior-1/

TALKING DIGITAL RIGHTS: GOVT BOOSTS DIGITAL TRANSFORMATION IN CENTRAL REGION WITH OVER SHS500M

Government has earmarked over Shs500 million this financial year to accelerate digital transformation initiatives in the central region. The announcement was made by Uganda Communications Commission chairperson Mr Nyombi Thembo during the Buganda Royal Institute graduation ceremony in Mengo, Kampala on Thursday morning.

Thembo highlighted government’s previous efforts, noting that over 300 ICT units were supported last year to equip Buganda youth with technological skills. He encouraged the graduates to embrace continuous learning and consider pursuing further education to stay ahead in the evolving digital landscape.

“All these interventions are ultimately geared towards promoting ICT usage in the country because it is one of the sectors that the government of Uganda has identified among the pillars on which social-economic transformation is anchored,” Nyombi said.

Meanwhile, the Katikkiro of Buganda, Mr. Charles Peter Mayiga, urged the graduates to leverage their acquired skills to create positive impact in their communities. The ceremony saw 1379 students graduate with diplomas and certificates in various disciplines, with 673 female graduates and 706 male graduates

Source: https://www.kfm.co.ug/news/govt-boosts-digital-transformation-in-central-region-with-shs500m.html

LAWYERS PETITION COURT SEEKING SEPARATION OF POWER

Two Lawyers led by Micheal Aboneka have petitioned the Constitutional Court seeking orders to stop Members of Parliament from being appointed as ministers.

According to Constitutional Lawyer Aboneka, Article 113(1), 108A(1) 108(1)119 and 119A in as far as allows the President to appoint Members of Parliament as cabinet ministers, prime ministers and vice presidents among others is a fusion of the executive and the legislature and undermines the principal of separation of powers ,checks and balances and the doctrine of legislative Independence.

They now want the Constitutional Court to order that all members of Parliament serving as cabinet ministers, prime minister, Vice President, Attorney General to vacate such offices and refund all money they have been receiving since such appointments.

"We believe that our Constitution is premised on the principle of separation of powers. Every arm of government is supposed to be independent of each other". Lawyer Aboneka.

MOLLY KATANGA REMANDED TO LUZIRA ON MURDER CHARGES

Molly Katanga the widow to the late murdered businessman Henry Katanga was remanded to Luzira government prison after being charged with her husband's alleged murder.

The widow was on Wednesday 24th January 2024 produced before Nakawa Magistrates Court from her Hospital bed after a warrant of arrest was issued on Monday this week. She was driven in an ambulance and wheeled into the courtroom by the help of prison warders.

This after the Director of Public Prosecutions accused her of snubbing court since November last year to be officially charged over the said murder,

Court Magistrate Elias  Kakooza  however, barred her from entering any plea since she is facing a capital offence that can only be tried and bailable by the High Court.

She was then committed to the High Court for trial after state Attorney Richard Birivumbuka informed court that investigations into the matter are complete.

Source: https://capitalradio.co.ug/news/2024-01-24-molly-katanga-remanded-to-luzira-on-murder-charges/

MUSEVENI: OGWAL, WAS A PEACEMAKER, MATURE POLITICIAN

President Museveni eulogized the late Cecilia Atim Ogwal as a champion of the rule of law, peace and development. This is while he was attending a night vigil to honor the fallen legislator at Parliament.

“We celebrate her achievements and contribution because when you hear that the north is peaceful now and development is taking place, and roads being constructed and people who played a role in that are people like Cecilia Ogwal who refused the politics of adage, translated as fragmentation" Museveni states.

Hon. Ogwal, 77, who has been a Member of Parliament since 1996, breathed her last on 18th January 2024 in India after a short illness.

“Therefore, here I have come to bear witness to what I knew about her and what I saw and some facts were secret like when she was talking to Vincent Otti, nobody knew, it was herself with this killer, who had rung to intimidate her.”

President Museveni said, “I have not worked optimally with Cecilia Ogwal, but I can tell you when I eventually met her, I could see that she is a patriot.”

He advised Members of Parliament to always work together whenever there is an opportunity, especially on matters of national importance. President Museveni was accompanied by his wife first lady Janet Kataha Museveni and Minister of Education and Sports.

Source: https://capitalradio.co.ug/news/2024-01-23-museveni-ogwalwas-a-peacemakermature-politician/

REGIONAL UPDATE

KENYA QUESTIONS JURISDICTION OF EAST AFRICAN COURT

Kenya's Attorney General Justin Muturi on Tuesday last week pleaded with the Supreme Court to hear his application seeking the top court’s opinion on the legal consequences and effects of decisions of the East African Court of Justice (EACJ) on the country's sovereignty.

Mr Muturi said whereas there is no express provision in the East African Community (EAC) Treaty conferring upon the EACJ the jurisdiction to interpret the constitutions of partner states, the regional court has in several decisions, interpreted its jurisdiction to include the review of decisions issued by apex courts of member countries.

According to Mr Muturi, the decisions of the EACJ end up conflicting with judgments issued by the Supreme Court.

The AG through lawyer Mahat Somane cited a decision of the regional court awarding politician Martha Karua Ksh2.7 million ($16,000 at current exchange rate) in damages for infringement of her right to a fair trial in 2019.

Source: https://www.theeastafrican.co.ke/tea/news/east-africa/kenya-questions-jurisdiction-of-east-african-court-4500722

INTERNATIONAL UPDATE

US MAN DECLARED INNOCENT AFTER SPENDING 48 YEARS IN PRISON

A 71-year-old man has been declared innocent in the US state of Oklahoma after spending nearly 50 years in prison for a murder he did not commit.

Glynn Simmons, who is Black, served more time behind bars before being exonerated than any other inmate in US history, according to The National Registry of Exonerations.

Simmons was released in July after serving a total of 48 years, one month and 18 days in prison.

Simmons and another man, Don Roberts, were sentenced to death in 1975 for the murder the previous year of a 30-year-old liquor store clerk during a robbery in Edmond, Oklahoma.

Simmons and Roberts were convicted solely on the basis of the testimony of a teenage customer who was shot in the head during the robbery but survived.

She picked them out of a police lineup, but a subsequent investigation cast significant doubt on the reliability of her identifications.

Both men had also claimed at trial that they were not even in Oklahoma at the time of the murder.

US District Court Judge Amy Palumbo threw out Simmons' conviction in July and declared him innocent at a hearing in Oklahoma County District Court on Tuesday.

"This is a day we've been waiting on for a long, long time," Simmons told reporters. "We can say justice was done today, finally."

Roberts, Simmons co-defendant, was released from prison in 2008, according to The National Registry of Exonerations.

Source: https://www.theeastafrican.co.ke/tea/news/world/us-man-declared-innocent-after-spending-48-years-in-prison-4470942

S. AFRICA HAILS 'DECISIVE VICTORY' AT INTERNATIONAL COURT OF JUSTICE

South Africa on Friday 26th January 2023 hailed a ruling by the United Nations' top court that Israel should do everything it can to prevent any acts of genocide in Gaza.

The International Court of Justice (ICJ) in The Hague handed down its verdict in a landmark case brought by Pretoria also ordering Israel to allow humanitarian access to the Palestinian territory.

"Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people," South Africa's ministry of Foreign Affairs said.

CONCLUDING REMARKS

1.   Promoting the right to education and improving educational outcomes for children in Uganda require concerted efforts from governments, policymakers, educators, communities, and other stakeholders. While the PLE results are important for assessing students' academic achievements and shaping their future opportunities, they should be viewed within the broader context of efforts to ensure equitable access to quality education for all children in Uganda.

2.   Digital transformation has the potential to stimulate economic growth by raising innovation, enhancing productivity, and creating new job opportunities. Investing in digital infrastructure and promoting a conducive regulatory environment, the government of Uganda can attract investments in the digital economy and drive entrepreneurship and innovation.

3.   Civil society organizations (CSOs), human rights defenders, and grassroots movements play a vital role in advocating for human rights, raising awareness, monitoring government actions, and providing support to victims of human rights violations. Upholding an enabling environment for civil society is essential for fostering pluralism, democratic participation, and accountability in Uganda.

4.   The right to a fair hearing is a fundamental human right recognized internationally and enshrined in various legal instruments and national constitutions, including Uganda's Constitution. Protecting this right is essential for upholding the principles of justice, ensuring due process, and safeguarding individuals from arbitrary or unjust treatment by the state or other entities.

Thank you for reading. See you next week

 

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