HRCU WEEKLY UPDATES: ISSUE NO. 10 OF 2024
THE
WEEK OF 1ST TO 7TH APRIL 2024
Dear
reader,
Welcome
to a new week and another edition of our weekly updates dedicated to shedding
light on the working environment of human rights defenders in Uganda and the
key emerging human rights issues. In this ongoing series, we aim to provide
insightful commentary, share compelling narratives, and highlight the
challenges and triumphs experienced by HRDs in Uganda and across the world.
CONSTITUTIONAL COURT'S
RULING: CONSTITUTIONAL COURT UPHOLDS UGANDA’S ANTI HOMOSEXUALITY LAW
The
Constitutional Court last week ruled that Uganda’s Anti Homosexuality law was
properly passed by parliament and largely complies with the constitution. On
May 26th 2023, the President of Uganda Yoweri Kaguta Museveni assented to the
Anti Homosexuality Bill of 2023 thereby turning it into law.
The
court however struck down a few provisions of the Anti-Homosexuality Act, but
left most of the law intact. The
nullified sections had criminalised the letting of premises for use for
homosexual purposes, the failure by anyone to report acts of homosexuality to
the Police for appropriate action, and the engagement in acts of homosexuality
by anyone which results into the other persons contracting a terminal illness.
The
court said they considered the “uniqueness of Uganda’s Constitution which
obliges the courts of law to take into account the country’s socio-cultural
norms, values and aspirations when resolving any disputes before them.”
Court
also said that the Anti-Homosexuality Act was in general, a reflection of the
sociocultural realities of the Ugandan society, and was passed by an
overwhelming majority of the democratically elected representatives of the
Ugandan citizens.
Activists,
who were seeking to nullify the Anti Homosexuality Act of 2023 for criminalizing
consensual sex among same-sex adults, said they will appeal to the Supreme
Court!
The
Constitutional Court comprised of the Deputy Chief Justice Richard Buteera,
Geoffrey Kiryabwire, Muzamiru Mutangula Kibeedi, Monica Mugenyi, and
Christopher Gashirabake.
The
main four consolidated petitions stemmed from various groups such as civil
society organizations politicians, including West Budama MP Fox Odoi and seven
others, Makerere University Professor Sylvia Tamale Dr Busingye Kabumba and
seven others, Lawyer Robert Rutaro and three others, and Bishop James Lubega
Banda.
The
petitioners were pushing for the removal of the law criminalizing consensual
sex among same-sex adults. The petitioners argued that the Anti-Homosexuality
Law, aside from imposing severe penalties such as death and heavy fines,
infringes upon constitutional articles relating to personal freedoms, human
rights, and dignity while hindering the fight against HIV/AIDS.
RENEWED CALL FOR
JUSTICE: LOP RE-TABLES LIST OF MISSING, DETAINED NUP SUPPORTERS
The
Leader of Opposition in Parliament Mr Joel Ssenyonyi on Thursday last week re-tabled
before parliament a list of the detained and missing National Unity Platform
(NUP) supporters as requested by Balaam Barugahara, the Minister of State for
Youth Affairs.
Deputy
Speaker Mr Thomas Tayebwa however found fault in Ssenyonyi’s diction, arguing
that when Balaam requested for the list of missing persons on Wednesday, he
wasn’t pretending but was rather carrying out serious business as a minister
and that his actions were in good faith.
“These
are lists you gave to government officials and he (Balaam) hadn’t received any
prior copies of those lists,” Tayebwa explained.
In
response, Ssenyonyi again re-emphasized the need for Parliament to orient new
members, arguing that had Balaam undergone some training on Parliamentary
affairs, he would have known where and how to access that lists within
Parliament.
“Yesterday,
when I mentioned the issue of orientation, some people thought it was in bad
faith, we all do need it. When I got here in Parliament, we had to be oriented
and we continue to learn. So, it is a good thing that when new members do join
us and there is information that they require, they should be helped how to
access it. Like you have rightly said, we tabled those lists severally and so,
they are within the records,” said Ssenyonyi.
Source:
https://www.kfm.co.ug/news/lop-re-tables-list-of-missing-detained-nup-supporters.html
ACCIDENTS AND THE RIGHT
TO LIFE: 91 KILLED IN ROAD CRASH, CRIME INCIDENTS DURING EASTER PERIOD
At
least 91 people were killed in road crashes and crime incidents during this
year's Easter holiday period, police statistics indicate.
According
to the police, 46 people were killed in crime incidents, while 45 perished in
traffic crashes. The road crashes and crimes that claimed the lives of people
happened between March 28 (Holy Thursday) and April 01 (Easter Monday).
Michael
Kananura, traffic police spokesperson, said road crashes killed 22 motorcycle
riders, 10 passengers, and five passengers on motorcycles.
“The
road crashes left 120 people injured and they were recorded on various roads.
However, Kampala metropolitan area, Albertine, and Wamala regions had the
highest number of road crashes during the Easter period,” Kananura said.
Police
statistics and civil society studies such as Safe Way Right Way (SWRW) have
often shown that the biggest number of motorcycle riders and their passengers
perish or sustain life-threatening injuries in road crashes because of not
wearing crash helmets.
Fred
Enanga, police spokesperson said 46 people died as a result of mob justice,
aggravated robbery, and domestic violence. Enanga said police have so far
arrested 52 suspects in connection to killings and other crimes recorded during
the Easter holidays.
“In
total, we recorded 62 incidents of reportable crimes which was an increase
compared to 44 incidents registered during the 2023 Easter period. Out of the
62 reportable incidents, 46 people were killed. 10 murders were by mob action,
nine were of aggravated robbery, four were domestic violence, and eight
murders,” Enanga said.
Enanga
said operations were carried out in areas of Gombe and Matugga under Nansana
Municipality, where 20 suspects were arrested on Good Friday. Police said
during Easter, security was beefed up in Moroto district after intelligence
revealed that there were planned Turkana attacks.
CELEBRATING PROGRESS: GOVT
REPORTS IMPROVEMENT IN SDG PERFORMANCE
Government
has noted a moderate improvement in the overall performance of the Sustainable
Development Goals (SDGs) so far.
This
is according to Pascal Byarugaba- the Program Management Specialist at the
National SDG Secretariat, in the Office of the Prime Minister.
At
the end of 2018, the Uganda SDG Secretariat developed a roadmap for the
implementation of the Sustainable Development Goals in Uganda for 2021-2025.
The
roadmap describes how the government and its partners will implement and
localize the SDGs.
Pascal
who was speaking to stakeholders at the Third Voluntary National Review Board
in Kampala on Wednesday however called for intentional support to meet the set
targets from the Civil Society Organizations, Non- Governmental Organizations
as well as Ministers, Departments, and Agencies.
Source:
https://www.kfm.co.ug/news/govt-reports-improvement-in-sdg-performance.html
VOICES OF DISCONTENT: OIL
PROJECT-AFFECTED PERSONS EXPRESS DISAPPOINTMENT IN UGANDA JUDICIARY
The
Tilenga and EACOP oil project-affected households have expressed deep
disappointment over the failure of key stakeholders in Uganda’s judicial system
to grant them audience to discuss their grievances stemming from a lawsuit
filed against them by the government in December 2023.
In
a press conference organized at Hotel Africana in Kampala, some members of the
42 of the families sued by the government claimed having travelled from Buliisa
district to Kampala with the aim of meeting Norbert Mao, the minister of
Justice and Constitutional Affairs, Chief Justice Alfonse Owiny-Dollo and the
deputy chief justice.
They
also intended to meet the principal judge, the Judicial Service Commission
(JSC) and others. Additionally, the households wanted to meet Total Energies’
managing director. However, they were unable to meet any of them, stating that
their refusal indicated lack of responsiveness and dialogue on critical issues
affecting the rights and livelihoods of project-affected people in the oil
region.
According
to a one Bamutuleki, one of the affected members, they had written letters to
various stakeholders, including the ministry of Justice and Constitutional Affairs,
the chief justice, deputy chief justice, principal judge, Judicial Service
Commission (JSC), and Total Energies, seeking for a meeting to discuss their
grievances. However, they were unable to meet any of them for a crucial
discussion.
REGIONAL UPDATE
ACTION AGAINST
CORRUPTION AND ABUSE OF OFFICE: SOUTH AFRICA PARLIAMENT EX-SPEAKER CHARGED WITH
GRAFT, GRANTED BAIL
South
African prosecutors last week charged former National Assembly speaker Nosiviwe
Mapisa-Nqakula with corruption and money laundering, a day after she resigned
following an inquiry into alleged graft during her time as defence minister.
She
was granted bail by a court in the capital Pretoria shortly after the charges
were made public. Mapisa-Nqakula, has denied any wrongdoing.
Mapisa-Nqakula,
67, whose residence was raided by investigators last month as part of the
inquiry, had also resigned as a member of the parliament on Wednesday.
Lead
prosecutor Bheki Manyathi told the Pretoria Magistrate's Court that
Mapisa-Nqakula was being charged with 12 counts of corruption and one of money
laundering.
"The
court is satisfied that the amount initially suggested (for bail) of R50,000
($2,678) is adequate in this matter," Magistrate Anna Oosthuizen said in a
ruling. As part of bail conditions, Mapisa-Nqakula must surrender her passport.
The case will be back in court on June 4.
In
an affidavit before the ruling, a lawyer for Mapisa-Nqakula argued that the
former speaker was not a flight risk and that she voluntarily had come to
court.
Mapisa-Nqakula
earlier this week lost a court bid to prevent authorities from arresting her.
She handed herself over to police earlier on Thursday before appearing in
court.
A
veteran of the governing African National Congress (ANC) who was defence
minister from 2012 to 2021, Mapisa-Nqakula is accused of receiving millions of
rand in cash as bribes from a former military contractor.
"My
resignation is in no way an indication or admission of guilt regarding the
allegations being levelled against me," she said on Wednesday.
Prosecutors
have not publicly disclosed the details surrounding the allegations or evidence
against her. They did not object to her bail.
INTERNATIONAL UPDATE
A CALL FOR EMERGENCY
SUPPORT AND RESCUE: TAIWAN'S STRONGEST EARTHQUAKE IN 25 YEARS KILLS SEVEN,
TRAPS 77
Taiwan's
biggest earthquake in at least 25 years killed seven people on Wednesday,
injuring more than 700, with 77 trapped in tunnels and collapsed buildings,
authorities said, as rescuers used ladders to help some people descend to
safety.
Television
broadcast images of buildings tilted at precarious angles in the mountainous,
sparsely populated eastern county of Hualien, near the epicenter of the 7.2
magnitude quake, which struck just offshore at about 8:00 am (0000GMT).
"It
was very strong. It felt as if the house was going to topple," said Chang
Yu-lin, 60, a worker in a hospital in Taipei, the capital.
A
woman who runs a bed-and-breakfast accommodation in Hualien city said she scrambled
to calm her guests who were frightened by the quake.
"This
is the biggest earthquake I have ever experienced," said the woman who
asked to be identified by her family name, Chan.
CONCLUDING OBSERVATIONS
1.
In
a recent ruling, the Constitutional Court of Uganda has upheld the country's
Anti-Homosexuality Law, sparking a wave of reactions both domestically and
internationally. This decision, while celebrated by some segments of Ugandan
society, has raised significant concerns among human rights advocates and
LGBTQ+ communities in Uganda and worldwide. This landmark ruling comes at a
critical juncture, accentuating the complexities surrounding LGBTQ+ rights in
Uganda and highlighting the ongoing struggle for equality, justice and dignity
for all individuals, regardless of sexual orientation or gender identity.
2.
The
Leader of the Opposition (LoP) has made a decisive move by re-tabling a list of
missing and detained supporters of the National Unity Platform (NUP). This
courageous action serves as a powerful call to action, emphasizing the critical
importance of accountability, transparency, and the protection of fundamental
rights within Uganda's political sphere.
3.
The
Easter period, typically a time of joy and renewal, was overshadowed by tragedy
as 91 lives were lost in road crashes and crime incidents according to a report
by Uganda Police. This devastating toll serves as a somber reminder of the
urgent need for collective action to address the underlying factors
contributing to these deaths. In the face of such sorrow, it is imperative that
all road users observe traffic rules while on the road.
4.
In
a recent announcement, the Government of Uganda has reported significant
strides in the country's performance towards achieving the Sustainable
Development Goals (SDGs). This positive development marks a crucial milestone
in Uganda's journey towards sustainable development and emphasizes the
importance of collective efforts from both government, CSOs and HRDs in
tackling pressing socio-economic and challenges.
5.
The
judiciary plays a crucial role in maintaining the rule of law, upholding
justice, and ensuring the protection of individual rights and liberties within
a society. The judiciary
serves as the arbiter of disputes and conflicts within society. It ensures that
laws are applied fairly and impartially, regardless of an individual's social
status, wealth, or political influence. This helps to maintain trust in the
legal system and promotes social cohesion.
Thank you for reading.
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