HRCU WEEKLY UPDATE: ISSUE NO. 6 OF 2024
THE
WEEK OF 19TH TO 25th FEBRUARY 2024
Dear reader, welcome
to this week!
HRCU
continues to provide a space dedicated to advocating for the promotion and
protection of fundamental rights for HRDs and all individuals in Uganda. Research
and documentation of the emerging issues on the working environment of human
rights defenders in Uganda plays a crucial role in raising awareness, lobbying
support, of those who courageously stand up for human rights in the face of
adversity.
Please
read in detail some of the key issues that emerged from last week.
ADDRESSING MONEY LAUNDERING: UGANDA
STRUCK OFF GREY LIST AFTER REFORMS
Uganda
has been struck off the grey list of the Financial Action Task Force (FATF), a
categorization that risked the Ugandan financial industry being blacklisted.
The
grey list acts as a warning to a country that other countries, authorities and
the international community will take caution while dealing with it in matters
regarding financial transactions. Failure to take measures to improve this
image may lead to blacklisting the country, which is equivalent to an advisory
that the country is unsafe to do business with, as money to or from the country
could be from, or destined for money laundering and terrorism financing
activities.
The
exit from the grey list is regarded as “a significant milestone in the country's
dedication to enhancing financial transparency and combating money laundering
and terrorist financing” according to the Financial Intelligence Authority
(FIA) of Uganda.
RATIONALISATION OF ENTITIES: PARLIAMENT’S
LEGAL COMMITTEE HALTS CONSIDERATION OF RATIONALISATION BILLS
The
Legal and Parliamentary Affairs Committee last week halted the consideration of
rationalisation Bills under its docket, after MPs discovered that the
certificate of financial implication issued by the Ministry of Finance didn’t
indicate the cost implication of abolishing or merging some agencies.
This
followed a concern raised by Hon Ibrahim Ssemujju, the MP for Kira Municipality
who pointed out that although section 76 of the Public Finance Management Act
2015, stipulates that a certificate of financial implication must include the
revenue estimates any bill would have on the economy, the certificates issued
by the Ministry of Finance on rationalisation Bills did not indicate any cost
implications, yet there will be need to compensate the affected staff.
“You
see the framers of this law, even when you are winding down a parastatal, there
will be costs, there are people you are compensating, there are domestic
arrears to deal with, you simply can’t walk to Parliament and say there will be
zero costs and tomorrow you present a budget, I mean, Parliament must be
respected. The certificate before us is actually not a certificate under
section 76 of the PFMA”, Ssemujju said.
However,
Attorney General, Kiwanuka Kiryowa asked the Committee to make further
consultations on the matter noting that he is not the author of the certificate
of financial implication, and thus cannot quite answer the questions raised to
him relating to the same.
“These
questions must be raised to the Ministry of Finance, I will be happy to explain
to you my part of the legal aspect and you can go on with the issue of Finance,
then the Committee can go on with its own decision”, he said.
The
Legal and Parliamentary Affairs Committee has several constitutional amendment
Bills and other bills for consideration during the rationalization process
among which include the move to merge the Equal Opportunities Commission with
the Uganda Human Rights Commission.
RATIONALISATION OF ENTITIES: KARAMOJA
MPS PROTEST MOVE TO ABOLISH KDA
Legislators
from Karamoja sub-region have protested government’s Bill aimed at abolishing
the Karamoja Development Agency (KDA) under the Rationalization of Agencies and
Public Expenditure programme.
This
after the Minister for Karamoja affairs, Mary Goretti Kitutu presented a Bill
to repeal KDA to the Presidential Affairs Committee where she justified the
move to scrap the agency, noting that it is already dead.
However,
MPs from the sub-region led by their chairperson Hon. Remegio Achia, opposed
the Bill, saying Karamoja still needs this affirmative action agency to bridge
the development gap with other areas.
The
Karamoja Development Agency was established by an Act of Parliament in 1987, to
support development by connecting Karamoja residents to the resources and
opportunities they need to build strong, stable livelihoods that can withstand
future challenges.
However,
its operations were suspended in 1994 due to corruption but the MPs have been
in talks with government to revamp it.
Source:
https://www.kfm.co.ug/news/karamoja-mps-protest-move-to-abolish-kda.html
EACOP CASE: EAST AFRICAN COURT OF
JUSTICE FIXES DATE FOR EACOP PROJECT APPEAL
The
East African Court of Justice (EACJ) has asked activist groups to file a
written submission in an appeal seeking to overturn a ruling that sought to
block the construction of the East Africa Crude Oil Pipeline (EACOP) project.
The
regional court sitting in Arusha in November 2023 threw out a case in which
activists including the African Centre for Energy Governance (AFIEGO) had filed
against the pipeline project that is running between Uganda and Tanzania. The
court then ruled that it had no jurisdiction to hear the case by AFIEGO and
others because it was filed too late or out of time.
But
AFEIGO, Center for Food and Adequate Living Rights (CEFROHT)-Uganda, Natural
Justice (NJ)-Kenya, and Centre for Strategic Litigation (CSL)-Tanzania, appealed
against the ruling in a case they had filed in November 2020. On Tuesday, the
appellate division of EACJ accepted the appeal and asked the activists to file
written submissions by March 22, 2024.
The
court also asked the governments of Uganda and Tanzania as well as the
secretary general of the East African Community (EAC) who are the respondents
in the case, to file their counterarguments by April 22, 2024.
AFEIGO
and others argued that the EACOP violates key East African and international
treaties and laws including the East African Community (EAC) Treaty, Protocol
for Sustainable Development of the Lake Victoria basin, Convention on
Biological Diversity and the United Nations Framework Convention on Climate
Change. Others include the African Charter on Human and People’s Rights as well
as the African Convention on Conservation of Natural Resources among others.
THE RIGHT TO APPLY FOR BAIL: LAWYERS
WANT CASH BAIL SCRAPED OFF LAW BOOKS
A
group of Lawyers led by one Kuku Amos petitioned the Constitutional Court
seeking to quash the cash bail on the grounds that it infringes on the right to
freedom and increases on the already congested prisons.
The
lawyers want the court to declare that S78(B) of the magistrate Court Act which
empowers Magistrates to grant cash bail to suspects is inconsistent with
Articles; 21,28 and 126 of the constitution which relates to dispensing Justice
to all manner of people regardless of their economic status.
They
instead seek court to order that if a suspect fulfills all other bail
conditions including among other things; providing a fixed place of abode,
proving that they will not interfere with investigations or abscond from court
and providing substantial sureties, he or she should be bonded to a non cash
bail.
According
to the lawyers, the non-cash bond imposed on sureties after satisfying court of
all other conditions should be enough.
These
want the court to now issue an order releasing all suspects who are still on
remand in different prisons after failing to raise their cash bail money and
compensate them for damages suffered.
According
to the lawyers, the said cash bail is imposed without the court first
investigating if the suspect is in position to pay the imposed cash bail.
They
argue that the said condition of subjecting a suspect to a cash bail before
being granted bail infringes on the freedom rights on top of increasing the
already congested prisons.
Source:
https://capitalradio.co.ug/news/2024-02-21-lawyers-want-cash-bail-scraped-off-law-books/
STATUS REPORTS: POLICE RELEASES 2023
ANNUAL CRIME REPORT
The
Police annual crime report 2023 released last week indicated that a total of
84,907 cases were taken to court by the end of 2023 out of the 23,608 cases
which were reported to police country wide.
The
annual crime report which covers a period from 1st January to 31st
December 2023 indicates that out of 94,523 cases which were under inquiry,
48,632 cases were not detected and only 123,590 were submitted to the office of
the DPP were only 84,907 cases were taken to court.
The
released report also indicated that a total of 104,088 suspects were charged to
court of which 94,622 were male adults, 6,509 suspects were female adults,
2,657 suspects were male juveniles, 300 were female juveniles.
A
total of 213,601 persons were victims of crime of whom 139,939 were male
adults, 60,279 were adult females, 9010 were male Juveniles, 22,327 were female
juveniles.
On
average 19,006 cases were reported to police per month in 2023 and November
2023 recorded the highest number of crimes reported to police with 20,577 cases
followed by October 19,303 cases while March 2023 recorded lowest crimes with
18,367,
The
report also indicates regions that have continued to register highest crimes
over the years include North Kyoga, Rwizi, Aswa, East Kyoga, Rwenzori West,
Kigezi, Kampala Metropolitan South, West Nile, Katonga, Greater Bushenyi,
Kampala Metropolitan East.
Source:
https://capitalradio.co.ug/news/2024-02-21-police-releases-2023-annual-crime-report/
REGIONAL UPDATE
PRESIDENT MACKY SALL'S MANDATE AS
PRESIDENT TO END ON APRIL 2
Senegal
President Macky Sall said on Thursday that April 2 will be the end of his
mandate as president of the nation. He added, however, that it was unlikely the
election of a new president will be completed before then.
Sall's
announcement could assuage fears he was planning to extend his rule in the
country, an issue that had contributed to a tense political climate, and
sometimes violent protests in a country seen as one of the stable democracies
in the region.
His
announcement came after the country's Constitutional Council, the highest
election authority, ruled last week that a 10-month postponement of the vote
was unlawful. The election had initially been scheduled for February 25.
INTERNATIONAL UPDATE
FRANCE CALLS ON RWANDA TO STOP
SUPPORTING M23 REBELS IN EASTERN DRC
France
said on Tuesday last week it was "very concerned" about the situation
in Eastern Democratic Republic of Congo (DRC) and called on Rwanda to cease its
support for the M23 rebel group which has recently stepped up its offensive.
Rwanda
denies backing the M23 rebels, although the US, DR Congo, and a UN group of
experts have said that it funds and fights alongside the group.
CONCLUDING REMARKS
1.
Uganda
getting struck off the grey is a welcomed decision which would ultimately demonstrate
to the international community that Uganda has taken significant steps to address
the deficiencies in its Anti-Money Laundering and Counter-Terrorist Financing
frameworks. In addition, by getting removed from the grey list, Uganda aims to
restore confidence in its financial system, attract investment, and improve its
standing in the global economy.
2.
Government
entities often provide essential services to citizens. Any changes to their
structures or functions can impact the delivery of these services. Therefore,
it is crucial to ensure that rationalization efforts do not disrupt the
provision of key services and enjoyment of fundamental rights and freedoms or
adversely affect citizens' access to them.
3.
The
right to apply for bail in Uganda is a fundamental aspect of the criminal
justice system aimed at safeguarding the rights of accused persons while
ensuring the fair and efficient administration of justice. However, it is
subject to judicial discretion and is balanced against the interests of public
safety and the integrity of the legal process.
4.
The
publication of crime statistics and trends by Uganda Police helps raise public
awareness about safety concerns and potential risks within. By understanding
prevalent crimes and emerging trends, individuals and communities can take
proactive measures to protect themselves and prevent victimization.
Thank you for reading. Let
us keep in touch.
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