HRCU WEEKLY UPDATES: ISSUE NO. 11 OF 2024
THE
WEEK OF 8TH TO 14TH APRIL 2024
Dear
reader,
Welcome
to this week’s edition of the updates on the working environment of HRDs and
some of the key issues that emerged last week. In this edition, we aim to
provide you with a comprehensive overview of the human rights issues and challenges
faced by HRDs in their tireless efforts to promote and protect human rights in
Uganda. Join us as we delve into the latest updates on the working environmnet
of HRDs and shed light on some of the critical issues that have emerged in the
past week.
SUPPORTING REFUGEES: US
GIVES UGANDA SHS 95BN FOR REFUGEE ASSISTANCE
The
US government allocated more than $25 million (about Shs 95.3 billion) towards
refugee and food security assistance to Uganda.
The
aid was channeled through its foreign development agency, USAID, and the
Department of State. This is in addition to humanitarian funding to the United
Nations High Commissioner for Refugees (UNHCR) and the World Food Program (WFP)
to assist refugees in the country "facing ongoing food insecurity and the
compounding impacts of conflict in the region," said USAID spokesperson,
Jessica Jennings.
USAID
is providing $11 million to WFP, while the Department of State is contributing
more than $14 million to UNHCR.
"These
additional contributions to WFP and UNHCR will support the provision of
life-saving monthly food assistance, health care, education, and other
emergency relief to the more than 1.6 million refugees that Uganda hosts,"
she said in a statement.
This
comes as Uganda, Africa's largest host of refugees, has in recent months seen
an increased influx of refugees. Last year alone, more than 130,000 new
refugees crossed into the country, primarily fleeing conflicts in South Sudan,
the Democratic Republic of Congo, Somalia, and Sudan. The US urged other
countries to also step up their humanitarian assistance to Uganda in these
areas.
"This
additional funding will be vital to meeting urgent needs in the country. We
urge other donors to join us in stepping up to support WFP and UNHCR to assist
the most vulnerable people affected by conflict and other crises throughout the
region," Jennings said.
The
government has recently forfeited several aid and credit packages as well as
seen some leaders slapped with travel sanctions on claims around the human
rights record of the country.
"The
United States is committed to ensuring our assistance is provided without
discrimination, including in Uganda, where we have significant concerns about
the impact of the Uganda Constitutional court’s recent decision to uphold most
aspects of the Anti-Homosexuality Act."
The
US also urges that "Uganda’s government must protect the dignity of all
people in the country."
The
reduction in aid, however, began with the onset of the COVID-19 pandemic and
the war in Ukraine has also led to relocation of the resources especially by
the West.
CENSUS 2024 ROAD MAP: MAPPING EXERCISE
NEARS COMPLETION AHEAD OF NATIONAL CENSUS – UBOS
The Uganda
Bureau of Statistics (UBOS) announced it is nearing completion of the mapping
exercise in preparation for the National Population and Housing Census.
According to
the Bureau’s Executive Director, Dr. Chris Mukiza, 97.6% of areas across the
country have already been mapped.
Dr. Mukiza issued
a directive to all district representatives, urging them to finalize the
remaining mapping within one week to ensure they meet the deadline.
In the
meantime, Dr. Mukiza confirmed that all tablets required for the census have
arrived in the country and training for enumerators is underway.
The Bureau
commenced a nine-day training of national trainers from all districts of Uganda
and cities ahead of the May census.
In the
training, each district/city has been represented by three people, including
District Census Officers, their assistants, and ICT experts.
These have
been joined by UBOS staff, and others from participating Ministries,
Departments, and Agencies.
INTELLECTUAL PROPERTY RIGHTS: PARLIAMENT
BLAMES GOVERNMENT FOR DELAYING THE COPYRIGHT BILL.
The
Deputy Speaker of Parliament, Thomas Tayebwa, has tasked Government through the
Attorney General, Kiryowa Kiwanuka, to table the Copyright and Neighbouring
Rights bill blaming delays on the government side.
Tayebwa
said that the Bill was initially proposed and drafted as private Members bill
by Mawokota North MP Hillary Kiyaga who agreed
to merge his amendments with those of government into one.
However,
Tayebwa said that government has not played its part, delaying Kiyaga whose
Bill is ready for the first reading.
This
is after the parliamentary Committee on Information, Communication Technology
and National Guidance (ICT) presented a report on the petition by the Uganda
National Musicians Federation on amendments to the Copyrights and Neighbouring
Rights Act, 2006.
The
report presented by the vice chairperson of the committee, Tonny Ayoo, was in
agreement with petitioners on the need to revise charges for caller ring-back
tunes (CRBTs) to ensure a fairer distribution of revenue in the percentage to
be retained by artists.
The
committee also established that there were no standard formulas for determining
the sharing of revenue from caller ring-back tunes and as a result, artists
were being cheated.
The
committee further observed that despite unfair share for artists, they were
subjected to delayed or non-payment and faced challenges in directly suing
telecommunication companies for payments under CRBTs because of lack of direct
dealings with the operators.
ENSURING INTEGRITY AND
FAIRNESS IN THE LEGAL PROCESS: JUDGE RECUSES SELF FROM MENTAL EXAMINATION CASE
AGAINST MINISTER MAYANJA
High
Court judge, Esta Nambayo recused herself from hearing a case that seeks to
compel Butabika national referral mental hospital to subject the minister of
state for Lands Sam Mayanja to a mental examination.
Nambayo
said she doesn’t believe the petitioner has reasonable grounds to want the
minister’s mental status to be examined. A case filed by David Ssenfuka, a
renowned herbalist, was allocated to Nambayo but when it came up for hearing on
Friday, she said she couldn’t be fair in her ruling because she already thought
the applicant didn’t have a solid case.
Joshua
Buyinza the lawyer representing Ssenfuka speaking outside court said although
they were disappointed that the hearing of the case has not commenced, he
commended the judge for being honest.
Ssenfuka
who is also a businessman petitioned the High court seeking an examination of
the mental fitness of Mayanja because of actions he (Ssenfuka) said border on
insanity.
In
his application, Ssenfuka said Mayanja's conduct, which he claims to have
closely monitored, leaves a lot of questions in the minds of many Ugandans.
Ssenfuka’s
disagreement with the minister is not only about him alone but also about other
directives he has given in other cases. He alleges that Mayanja has
appropriated himself the powers of the court, the police, and the minister of
Internal Affairs to order the arrest, dismissal from the police of officers,
and also the reinstatement of people on land against court directives.
He
said even if somebody was simply overzealous, the minister's directive strikes
him as that of somebody who needs a mental evaluation. In his application, he
says he wrote to Butabika hospital which he says under the law has the right to
subject anybody to mental examination to establish their status.
However,
despite writing numerous letters, he received no response from the national
referral hospital. He, therefore, petitioned the court to compel Butabika to
subject the minister to the test.
Last
year, Mayanaja ordered the arrest of Ssenfuka for allegedly wanting to evict
bibanja holders from his land in Bukomansimbi district. Although he was never
arrested, Ssenfuka said that the minister’s directive surprised him because it
came at a time when there was an ongoing legal challenge on the same matter at
the Masaka High court.
KATANGA MURDER: HIGH
COURT DECLINES TO GRANT WIDOW MOLLY BAIL
The
High Court last week declined to grant bail to Molly Katanga who is facing
charges of murdering her husband businessman Henry Katanga last year.
Prosecution
states that Katanga was shot dead by his wife Molly on November 2, 2023, at
their home on Chwa II Road in Kampala.
Criminal division judge Isaac Muwata last week denied Molly bail on
grounds that she has not proved exceptional circumstances as required under the
law such as being of advanced age and having grave illnesses which cannot be
managed inside prison.
Molly
who appeared before justice Muwata via Zoom from Luzira Women's Prison through
her lawyers; Peter Kabatsi, McDusman Kabega, Jet Tumwebaze, Bruce Musinguzi,
and Elison Karuhanga applied for bail last month, saying she is ready to abide
by all terms set by the court.
She
presented her nephew, Dr Patrick Kabayo, a retired civil servant, Rtd Gen
Emmanuel Burundi Nyamwanisa, a farmer in Nyabusozi in Kiruhura, her cousin
businessman Geoffrey Kamuntu, and the state minister for Health Margaret
Muhanga as her sureties.
Molly's lawyers then told the judge that their client was innocent of the charges preferred against her. According to Molly, before being committed to the High court and later remanded to Luzira prison, she had spent over two months at C-Care IHK hospital where she received specialized treatment and underwent five major surgeries on her scalp and hands.
She
added that the injuries require a lot of specialized post-operative care for
her recovery, which is currently not available in prison. She argued that she
was at all times under detention while in C-Care IHK hospital where she was
admitted for treatment on November 2, 2024, and couldn't be accessed by any of
her relatives and friends without permission from the Uganda police force.
According
to the accused, she has a fixed place of abode at Mbuya I, Mbuya Hill village,
Nakawa Division, and Kampala district within the jurisdiction of the High
court. Molly also noted that investigations into the case were completed and as
such, she has no capacity and shall not interfere with the investigations and
witnesses once released on bail.
She
added that she is of advanced age at 55 years, has always been a law-abiding
citizen, and has never been charged or convicted of any criminal offence. She
thus asked court to release her saying that although she is gainfully employed,
a sole breadwinner of her family and the mother of a child of tender years who
is dependent on her.
However,
prosecution led by Jonathan Muwaganya the chief state attorney, and Samalie
Wakooli opposed the application, arguing that the sureties presented were not
substantial since two of them were of advanced age. Muwaganya also said that
one of the sureties, Kamuntu, is under investigation for obstructing the police
from doing their lawful duty about the investigations in the case and is being
investigated under SD 14/12/12/2023.
Muwaganya
said that Molly was admitted at IHK hospital under a private special
arrangement protection by officers of Special Forces Command (SFC) attached to
Kamuntu, and this deployment impeded and obstructed police investigations in
the main case.
In
his ruling, justice Muwata indicated that whereas an accused person has a right
to apply for bail, court can only grant bail on terms it finds reasonable. He
said the court must consider the gravity of the offence and its impact in
society before granting bail and then go ahead to strike a balance between the
two.
He
also said while considering the Bail Guidelines of 2022 which provide that
while granting bail, court must consider the right to liberty of the accused
person, the need to balance rights of the accused person, the interests of
justice and if there is a certificate of no objection from the DPP and proof of
exceptional circumstances.
REGIONAL UPDATE
DEMOCRACTIC GOVERNANCE
AND POLITICAL STABILITY: SOUTH SUDAN BEGINS PREPARATIONS FOR DECEMBER GENERAL
ELECTIONS
South
Sudan announced on Tuesday last week that it will begin preparations for
parliamentary elections scheduled for December, the country's first since
independence.
Following the cessation of a civil war in 2018 and the attainment of independence in 2011, South Sudan was initially scheduled to hold elections before February 2023. However, the transitional government and the opposition agreed to postpone them until late 2024.
Abednego
Akok Kacuol, chairperson of the National Elections Commission, told journalists
in the national capital of Juba that they have deployed officers across the
country and also acquired some vehicles, which are important for mobility.
Akok
said the government has released funds to the commission to kick-start the
process, and they have prepared a draft calendar that, if approved by
stakeholders, will begin voter registration in June.
INTERNATIONAL UPDATE
THREE SONS OF HAMAS
LEADER ISMAIL HANIYEH KILLED IN ISRAELI AIRSTRIKE
Three
sons of Hamas leader Ismail Haniyeh were killed in an Israeli airstrike in the
Gaza Strip on Wednesday, the Palestinian Islamist group and Haniyeh's family
said. The Israeli military confirmed carrying out the attack, describing the
three sons as operatives in the Hamas armed wing.
The
three sons - Hazem, Amir and Mohammad - were killed when the car they were
driving in was bombed in Gaza's Al-Shati camp, Hamas said. Four of Haniyeh's
grandchildren, three girls and a boy, were also killed in the attack, Hamas
said.
Asked
about the four grandchildren killed in the airstrike, the Israeli military said
there was "no information on that right now".
Haniyeh,
based abroad in Qatar, has been the tough-talking face of Hamas' international
diplomacy as war with Israel has raged on in Gaza, where his family home was
destroyed in an Israeli airstrike back in November.
Three
sons of Hamas leader Ismail Haniyeh were killed in an Israeli airstrike in the
Gaza Strip on Wednesday, the Palestinian Islamist group and Haniyeh's family
said.
"The
blood of my sons is not dearer than the blood of our people," Haniyeh, 61,
who has 13 sons and daughters according to Hamas sources, told pan-Arab Al
Jazeera TV.
The
three sons and four grandchildren were making family visits during the first
day of the Muslim Eid al-Fitr holiday in Shati, their home refugee camp in Gaza
City, according to relatives.
Hamas
said on Tuesday it was studying an Israeli ceasefire proposal in the more than
six-month-old Gaza war but that it was "intransigent" and met none of
the Palestinian demands.
"Our
demands are clear and specific and we will not make concessions on them. The
enemy will be delusional if it thinks that targeting my sons, at the climax of
the negotiations and before the movement sends its response, will push Hamas to
change its position," Haniyeh said.
In
the seventh month of a war in which Israel's air and ground offensive has
devastated Gaza, Hamas wants an end to Israeli military operations and a
withdrawal from the enclave, and permission for displaced Palestinians to
return home.
CONCLUDING REMARKS/
OBSERVATION
1.
The
allocation of 95 billion Ugandan Shillings from the United States to Uganda for
refugee assistance is significant and reflects a commitment to addressing the
needs of refugees in the country. The
funds could go towards providing essential services such as shelter, food,
clean water, and healthcare for refugees living in camps or settlements,
ultimately upholding their rights.
2.
The
nearing completion of the mapping exercise indicates that UBOS is making
progress according to the established road map, laying the groundwork for a successful
and comprehensive National Census in 2024. Mapping is essential for ensuring
accurate enumeration and reliable census data, which are crucial for informed
decision-making, policy formulation, and development planning.
3.
Every
individual has the right to a fair trial and due process under the law. When a
judge recuses themselves, it helps safeguard these rights by ensuring that the
proceedings are conducted in a manner that is perceived as fair and unbiased by
all parties involved. In addition, recusal prevents any potential bias or
conflict of interest that could arise if the judge has personal, professional,
or financial connections to the case or the parties involved.
4.
The
decision to deny bail to Molly Katanga in the Katanga murder case accentuates
the court's responsibility to balance the interests of justice and the rights
of the accused. It's crucial to remember that bail decisions are made on a
case-by-case basis, taking into account various factors relevant to each
individual situation.
5.
Beginning
preparations for general elections in December, South Sudan demonstrates its
commitment to democratic governance and the peaceful transition of power
through free, fair, and credible electoral processes. These preparations are
essential for propelling political stability, promoting and advancing the
country's democratic development.
Thank you for reading.
See you next week.
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