HRCU WEEKLY UPDATES: ISSUE NO. 12 OF 2024


THE WEEK OF 15TH TO 21ST APRIL 2024

Dear reader,

Welcome to this new week, which presents to us yet another opportunity to continue and explore avenues for improving on the human rights land scape in Uganda and the working environment of human rights defenders.

As detailed in this week's edition, a number of issues surfaced last week, including the tax protests, launch of the Supreme Court and Court of Appeal buildings by President Museveni, among other issues.  

In the same week, Uganda Law Society, on Friday 19th April 2024, launched the 28th quarterly report on the state of rule of law between January and March 2024. The report highlighted the state of human rights protection and rule of law observances in the aforementioned period.  Furthermore, the report's recommendations urged Uganda's Parliament to expedite the enactment of the HRDs Protection Bill, 2020.

Read more about the report by following the link below:

https://thelegalreports.com/rule-of-law-uganda-law-society-issues-quarter-one-report/  

RIGHT TO ASSEMBLE AND DEMONSTRATE: TAX PROTEST SHUTS DOWN BUSINESSES ACROSS UGANDA

The week-long action was launched by the Federation of Uganda Traders Association on Tuesday and has spread from the capital Kampala to many other parts of the country.

"We have called on all businesses in the country to close in protest until the government hears our voice," FUTA president John Kabanda told said.

"We are pressing ahead with the strike and we are determined to close for even a month until the government acts on our demands."

Shops and other businesses including butchers, bakers and eateries shut their doors, protesting at high interest rates and taxes, with VAT at 18 percent, and a new levy on imported clothing.

The action was triggered by the government's enforcement of a tax regime known as EFRIS requiring that all receipts and invoices submitted to the revenue authority must be digital.

Uganda's minister of state for finance, Haruna Kyeyune Kasolo, said the businesses were protesting because they did not understand the new system.

"The striking traders must appreciate the new system because it is for the good of their businesses while enabling the country to collect taxes as opposed to (relying on) foreign funding,"

Source: https://www.voaafrica.com/a/tax-protest-shuts-down-businesses-across-uganda-/7573400.html

ENHANCING ACCESS TO JUSTICE AND RULE OF LAW OBSERVANCE: PRESIDENT COMMISSIONS JUDICIARY TWIN TOWER BUILDING

The president of Uganda Yoweri Kaguta Museveni last week commissioned the twin towers multibillion tower which will house the Supreme Court and Court of Appeal at the High Court headquarters in Kampala.

The twin tower buildings were completed last month March 2024 at a cost of 110 billion shillings.

President Museveni promised to support the judiciary to ensure that it gets its 800billion budget to enable them take justice closer to the people. The president noted that much as there is separation of power, the three arms of the government should work together to make Uganda a great nation.

Speaking at the said function, the Judiciary’s permanent secretary Pius Bigirimana explained how the said tower building will save the judiciary from spending billions of shillings in rented premises as it has always been.

Source: https://capitalradio.co.ug/news/2024-04-18-president-commissions-judiciary-twin-tower-building/

RIGHT TO JUST AND FAIR COMPENSATION: OIL: LANDOWNERS STORM HOIMA HIGH COURT, DEMAND BETTER COMPENSATION

Landowners living under the threat of eviction in oil-rich Albertine Graben in Buliisa district last week stormed the High court in Hoima to protest against forceful eviction without compensation.

At least 42 families are set to be displaced for TotalEnergies’ Tilenga project which is expected to produce 190,000 barrels of oil per day.    Some of the project-affected persons (PAPs) marched through the streets of Hoima, displaying placards with different messages including; "Stop land grabs”, “Don’t displace us for oil”, “Our land our lives”, "Justice denied", and "Don’t Drill on Our Rights" among others. 

Fred Mwesige, one of the land owners led the peaceful protest, read out the petition as a handful of court officials helplessly watched the drama unfold at the court. Top on their grievances was the way the High court justice Jessy Byaruhanga handled the petition filed by the Attorney General’s Chambers. Mwesige explained that the court ruling was delivered within four days without granting those (landowners) sued by the government a hearing. 

Source: https://www.observer.ug/index.php/news/headlines/81097-oil-landowners-storm-hoima-high-court-demand-better-compensation

RIGHTS TO A FAIR HEARING AND DUE PROCESS: NUP SUPPORTERS PROTEST CONTINUED DETENTION AS ARMY COURT DENIES THEM BAIL AGAIN

A National Unity Platform (NUP) supporter, Muydin Kakooza aka Saanya who has been on remand since May 2021, on Monday last week jumped out of the dock to charge at army court's chairman Brig Robert Mugabe after being denied bail again for the third time.

Kakooza is accused alongside 27 others including Yasin Ssekitoleko alias Machete, Robert Christopher Rugumayo, Patrick Mwase, Simon Kikaabe, Olivia Lutaaya, Abdu Matovu, Ronald Kijambo, Sharif Kalanzi, Joseph Muwonge, Mesach Kiwanuka, Abdalla Kintu, Umar Emma Kato, and Musa Kavuma of being in illegal possession of 13 pieces of explosive devices between November 2020 and May 2021 in areas of Jinja, Mbale, Kireka, Nakulabye, Kawempe, Natete, and Kampala Central.

The seven-member panel of the court chaired by Brig Mugabe denied the suspects bail on grounds that they did not prove that they have fixed places of abode in the court's jurisdiction.

Although the court found the sureties of the accused persons who included politicians such as the leader of opposition in parliament (LoP) Joel Ssenyonyi to be substantial, they couldn’t be released on the basis that they are most likely to abscond once granted bail.

"In the premises, this court finds no merit in the application and declines to grant bail to the applicants. The application is hereby dismissed. Court orders an expeditious trial of the applicants in the main case. we so rule."

Source: https://observer.ug/index.php/news/headlines/81066-nup-supporters-protest-continued-detention-as-army-court-denies-them-bail-again

REGIONAL UPDATE

UN RIGHTS CHIEF VOLKER TURK ALERTS WORLD IS FORGETTING GROWING VIOLENCE IN EASTERN DRC

The United Nations (UN) human rights chief on Wednesday last week called for international attention to the ongoing war in North Kivu Province in the Eastern Democratic Republic of the Congo (DRC).

UN High Commissioner for Human Rights Volker Turk visited an internally displaced camp on the outskirts of Goma, capital of North Kivu, where he met with victims displaced by attacks carried out by March 23 Movement (M23) rebels.

"We must work extremely hard for peace to be achieved," he said, stressing the need to work on the underlying causes of conflicts.

Turk is on an official visit to the DRC at the invitation of the Congolese government. He is due to meet with President Felix Tshisekedi and senior officials in the capital of Kinshasa.

The escalation has led to a proliferation of armed individuals, bringing DRC military positions closer to displacement sites near Goma, exacerbating criminal activities and massive displacement of vulnerable populations.

The Rutshuru and Masisi territories are currently suffering the most serious consequences of the conflict.

KENYA MILITARY CHIEF, 9 OTHERS KILLED IN HELICOPTER CRASH

Kenya's Defence chief and nine other top brass died on Thursday last week in a military helicopter crash in a remote area of the country, President William Ruto said.

"Today at 2:20 pm, our nation suffered a tragic air accident... I am deeply saddened to announce the passing of General Francis Omondi Ogolla, the Chief of the Kenya Defence Forces (CDF)," Ruto told reporters.

The president, who had convened an urgent meeting of the National Security Council after news of the accident emerged, said nine other "gallant military personnel" on board were also killed while two survived.

Ogolla, 61, a trained fighter pilot, had only been in the post for a year but was shortly due to mark 40 years of military service. Ruto said the Kenya Air Force had dispatched an investigation team to establish the cause of the crash, which took place in Elgeyo Marakwet county, about 400 kilometres (250 miles) northwest of the capital Nairobi.

Ogolla's helicopter went down shortly after takeoff from the village of Chesegon, where he and his entourage had been visiting a school after making stops in other areas to see Kenyan troops and other sites.

Source: https://www.ndtv.com/world-news/kenya-military-chief-9-others-killed-in-helicopter-crash-5473142

INTERNATIONAL UPDATE

US SET TO IMPOSE SANCTIONS ON ISRAELI MILITARY UNIT OVER ABUSES: REPORT

Israeli Prime Minister Benjamin Netanyahu said he would fight against any sanctions being imposed on Israeli military units for alleged rights violations, after a United States media outlet reported that Washington was planning such a step.

The US-based Axios news site on Saturday reported that Washington was planning to impose sanctions on Israel’s Netzah Yehuda battalion, which has operated in the occupied West Bank, though the Israeli military said it was not aware of any such measures.

Israeli media also identified the unit expected to be targeted as Netzah Yehuda – an infantry battalion founded roughly a quarter of a century ago to incorporate ultra-Orthodox Jewish men into the military.

On Friday, the US announced a new series of sanctions linked to Israeli settlers in the occupied West Bank, in the latest sign of growing US frustration with the policies of Netanyahu, whose coalition government relies on settler parties.

“If anyone thinks they can impose sanctions on a unit of the [Israeli army] – I will fight it with all my strength,” Netanyahu said in a statement on Sunday.

Israeli war cabinet minister Benny Gantz said in a statement on Sunday that he spoke with US Secretary of State Antony Blinken and asked him to reconsider the matter.

Gantz said any such sanctions would be a mistake because they would harm Israel’s legitimacy during a time of war.

Blinken said on Friday that he made “determinations” regarding accusations that Israel violated a set of US laws that prohibit providing military assistance to individuals or security force units that commit gross violations of human rights.

Source: https://www.aljazeera.com/news/2024/4/21/us-set-to-impose-sanctions-on-israeli-military-unit-over-abuses-report

CONCLUDING OBSERVATIONS

1.   When people protest, they typically exercise their rights to freedom of speech, freedom of assembly, and freedom of expression. These rights are enshrined in various international human rights documents, such as the Universal Declaration of Human Rights and also protected by national laws and the Constitution of the republic of Uganda.

2.   The commissioning of a judiciary twin tower building by President Museveni is a significant step towards enhancing access to justice and promoting the observance of the rule of law. Buildings of the Supreme Court and Court of Appeal, dedicated to judicial functions symbolize a commitment to providing a fair and efficient legal system for citizens.

3.   Landowners affected by oil exploration and extraction projects have the right to fair compensation for their land, as recognized by international human rights standards and often enshrined in national laws and regulations. This compensation should take into account not only the market value of the land but also any loss of livelihood, disruption to communities, and environmental impact caused by the project.

4.   The Eastern DRC has been plagued by conflict, instability, and violence for decades, resulting in a humanitarian crisis characterized by widespread human rights abuses, displacement, and suffering among the civilian population. Volker Turk’s warning serves as a reminder of the urgent need for sustained attention, action, and solidarity to address the ongoing human rights challenges in Eastern DRC and to work towards a peaceful and just resolution of the recurring conflicts.

5.   The release of the 28th quarterly report on the state of rule of law by Uganda Law Society, raises awareness among the public, policymakers, and stakeholders about the current state of human rights protection and the rule of law in Uganda especially in the reporting period. It also serves as a platform for advocacy efforts aimed at addressing gaps, promoting reforms, and strengthening legal protections for all citizens.

Thank you for reading. Happy new week

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