HRCU WEEKLY UPDATES: ISSUE NO. 14 OF 2024
THE
WEEK OF 13TH
TO 20TH
MAY 2024
Dear Reader,
Welcome to a new week
As we embark on a new week, let's
embrace the possibilities it holds. This week is a fresh canvas, waiting for us
to paint it with our actions, aspirations, and achievements in the realm of
human rights protection and promotion.
In this
edition, we are excited to share with you our January to March Newsletter
highlighting some of our accomplishments and interventions during the period
under review.
Find out more
here: https://hrcug.org/wp-content/uploads/2024/05/Hrcug-Newsletter-1.pdf
NGO
(AMMENDMENT) BILL, 2024: CSOS APPEAL MUSEVENI TO VETO AMENDMENT BILL, EXPRESSES
CONCERNS OVER NGO BUREAU RATIONALISATION
A group of Civil Society
Organisations (CSOs) has urged President Museveni to reconsider approving the
NGO (Amendment) Act, 2024, citing concerns about the rationalisation of the NGO
Bureau.
On Tuesday, April 23, 2024,
Parliament passed the NGO (Amendment) Bill for the year 2024. The bill is
currently awaiting the president's assent to become law.
Under the bill, the mandates
to monitor, oversee, and regulate the operations of NGOs and CSOs were
transferred back to the Ministry of Internal Affairs to be handled at the
departmental level.
Speaking to the media in
Kampala, Robert Kirenga, the Executive Director of the National Coalition of
Human Rights Defenders Uganda, argued that the rationalization would undermine
the country's development agenda, efficiency, and international obligations.
"It is important to
note that the NGO sector is recognized as part of the National Development
Plan, where the entire civil society is regarded as the third sector in the
country. This sector has made a significant contribution to achieving various
development targets, including Uganda's Vision2040," he said.
Sekaggya also expressed
concerns about the efficiency of the department within the Ministry.
"It will take a lot of
time to obtain a certificate of operation within a department. It was already
difficult to obtain a certificate, and we would have preferred to improve the
process. Now the bureau will go back to the ministry," she stated.
THE
RIGHT TO LIFE AND JUSTICE: SIX MEN JAILED FOR MURDERING A KEY WITNESS IN A LAND
DISPUTE CASE
Six men were sentenced to 25
years imprisonment for the murder of a key witness in a land dispute case and
was also a long serving LC1 chairperson for Kachaboi village in Kachumbala
Sub-County, Bukedea District. The group led by led by one Julius Okodi have
been sentenced by three Court of Appeal Justices Cheborion Barishaki,
Christopher Gashirabake and Oscar Kihika.
The justices unanimously
ruled that prosecution has proved beyond reasonable doubt that the six
Appellants participated in the killing of Mzee Echodu, after attacking him at
night while coming from a latrine.
The prosecution stated that
on February 25th 2017 at about 8:3Opm, the deceased was at his house with his
family members watching TV.
He then moved out of the
house for a call of nature but was waylaid and stabbed several times by these
assailants on his way back to the house, until he collapsed.
He made an alarm but by the
time his family members and neighbours responded the assailants had fled the
scene leaving him lying in a pool of blood.
According to the documents
before Court, the deceased sustained several deep cut wounds on the head and
other parts of the body and died almost instantly.
It was proved that the
deceased had been receiving death threats from some of the appellants for a
long time over his role as a caretaker of a piece of land which was the subject
of a dispute between SP Opiko Charles, and the family of a one George Oumo.
The deceased had been listed
as one of the key witnesses in a Civil Suit but he was murdered before he could
testify.
Source: https://www.kfm.co.ug/news/six-men-jailed-for-murdering-a-key-witness-in-a-land-dispute-case.html
CLIMATE
JUSTICE: “INVEST IN CLIMATE CHANGE SOLUTIONS”-
ENVIRONMENTALISTS CALL FOR ACTION
Civil
society members have tasked stakeholders in environment conservation to
recommit themselves on action to save the planet amid climate change
challenges.
As
part of the Climate Justice Week of Action activities, a group of over 100
members from seven civil society organisations today Thursday May 16, 2024 held
a solidarity march across Kampala themed, “From words to action, Put your money
where your mouth is” to raise awareness about the urgency of climate change and
its impact.
Carrying
placards with messages calling on leaders to action, members from civil society
organisations to include ActionAid International Uganda (AAIU), COTA, MEMPROW,
and Vijana Corps among others marched from City Square in Kampala up to
Makerere University main campus amidst the morning downpour.
ActionAid
International Uganda country director, Mr. Xavier Ejoyi rallied stakeholders to
invest in “solutions to climate change, not in its causes like fossil fuels and
industrial agriculture which profit a few people”.
Source: https://www.kfm.co.ug/news/invest-in-climate-change-solutions-environmentalists-call-for-action.html
DRAMA, TENSION
AT HUMAN RIGHTS COMMISSION AS BOBI WINE WITHDRAWS MUSIC CONCERT PETITION
Tensions
flared at the Uganda Human Rights Commission offices today Monday as Robert
Kyagulanyi Ssentamu squared off with the comission's chairperson Mariam
Wangadya.
Thereafter,
Kyagulanyi withdrew his petition challenging the police for blocking his
musical concerts. Kyagulanyi aka Bobi Wine, accompanied by his lawyers;
Benjamin Katana and George Musisi, appeared before Wangadya where he accused
the commission of violating his right to a fair hearing and acting with
partiality and a lack of independence.
The petition
stemmed from police actions led by then Kampala Metropolitan police commander
Frank Mwesigwa, now assistant inspector general of police (AIGP) in charge of
operations, who cancelled the concerts in November 2018 allegedly to prevent
Kyagulanyi from inciting violence. Mwesigwa also accused Kyagulanyi of failure
to differentiate between Bobi Wine, the musician and Kyagulanyi the politician
and legislator.
"We have
noticed that Bobi Wine has been turning into Hon. Kyagulanyi to make political
statements at music shows, that is not what we agreed upon,” Mwesigwa said.
The concerts
came shortly after Kyagulanyi took his parliamentary oath and amidst heated
debates over constitutional amendments regarding the presidential age limit. As
Kyagulanyi read his statement, Wangadya interrupted, accusing him of attacking
the commission.
"Excuse
me, if that is the personal statement you are making, it is an attack on the
commission. You are free to withdraw your complaint. We shall not allow you to
undermine, emancipate, or disrespect this commission," Wangadya stated.
She further
insisted that Kyagulanyi's accusations of the commission violating human rights
were unacceptable and called for security when he attempted to continue.
As Kyagulanyi
left, Wangadya called for security to arrest him but ultimately ruled the
petition dismissed due to his withdrawal. This is not the first time Kyagulanyi
has withdrawn a petition. In 2021, he withdrew his presidential election
petition from the Supreme court after being denied additional time to file
evidence against President Yoweri Museveni's victory by chief justice
Owiny-Dollo's panel.
INTERNATIONAL CRIMINAL COURT SET DATE TO START HEARING KONY EVIDENCE
The
Hague-based International Criminal Court (ICC) has set October 15th 2024 as the
date to start hearing of evidence against former Lord’s Resistance Army
commander Joseph Kony.
This development
has been revealed by the ICC Registrar Osvaldo Zaval Giler on his visit to
Uganda.
He said this
is meant to determine whether or not the 33 charges can be confirmed against
him.
The
confirmation of charges proceedings will be held in absence of Kony whose
warrant of arrest has been pending for 19 years.
Osvaldo has
explained that whatever the outcome of the pre-trial hearing, Kony’s major
trial on war crime charges cannot commence without his arrest.
‘’ the chamber
acknowledged that it will take time before anything were actually provided to
the victims and that not all victims will receive the symbolic preoperational
award at the same time.’’ Mr. Osvaldo said.
Source: https://www.kfm.co.ug/news/international-criminal-court-set-date-to-start-hearing-kony-evidence.html
COURT QUASHES PETITION BLOCKING SHS 1.4TN LUBOWA HOSPITAL LOAN
The Constitutional
Court dismissed a petition seeking to stop parliament from guaranteeing Shs 1.4
trillion to an Italian investor for the construction of the International
Specialized Hospital of Uganda (ISHU) in Lubowa.
In a unanimous
decision, Constitutional court justices comprising Fredrick Egonda-Ntende,
Catherine Bamugemereire, Irene Mulyagonja, Monica Mugenyi, and Oscar Kihika
dismissed the petition filed by civil society organisation, Initiative for
Social Economic Rights (ISER) against the Attorney General on grounds that
parliament passed a resolution after the ministry of Health and ministry of
Finance entered into the direct agreement for the financing of the loan in
issue, and therefore, did not come into operation until the resolution was
passed, as is required by Article 159 (5) of the Constitution.
In February
2013, FINASI made a proposal to President Yoweri Museveni to build and manage
specialized healthcare facilities at Entebbe Grade A hospital and the Uganda
Cancer Institute. As a result, the president directed the ministries of Health
and Finance to negotiate the project and its financing.
Consequently,
on January 27, 2016, the government entered into a project services agreement
with ISHU to undertake the operations and management of the facilities of the
hospital for eight years. The ministry of Health and ministry of Finance on
behalf of government then entered into a project works investment agreement
with Finasi/Roko Construction Special Purpose Vehicle Limited (Finasi/Roko).
This resulted in
the two ministries entering into a lenders direct agreement with the African
Export-Import Bank and others, to facilitate the construction of the hospital.
In line with the said agreements, records before court indicate that when
Finasi/Roko presented the first milestone completion certificate, duly
certified and the ministry of Finance was required to issue a promissory note
within two weeks, which was due by December 22, 2018.
However, the
government defaulted and was therefore liable to pay a penalty. Records further
indicate that on February 12, 2019, the minister of state for Finance in charge
of planning tabled a proposal before parliament for government to issue
promissory notes, not exceeding $379.71 million (then Shs 1.4 trillion) to
Finasi/Roko for financing the design, construction and equipping of the
hospital.
Consequently,
in March 2019, the parliamentary committee on national economy to which the
proposal was referred by parliament for consideration, observed that the
necessary approval had not been granted by parliament but it went ahead to
recommend that parliament approves the issue of the promissory notes.
According to the evidence before court, a minority report was issued by some members of the committee in which they opposed the recommendation but promissory notes were issued. Dissatisfied with all these actions, ISER filed a constitutional petition against the Attorney General, saying that the actions of the government were unconstitutional because the entire procedures leading to approval were improper.
REGIONAL
DRC ARMY FOILS
'COUP ATTEMPT' AS GUNMEN TARGET STATE OFFICIALS HOMES
The army in
the Democratic Republic of Congo said it foiled an attempted coup after gunmen
tried to attack homes of senior government officials, including that of
President Felix Tshisekedi.
It said gunmen
in military uniform entered the Palais de la Nation, the residence of the
President in Kinshasa, vowing to uproot President Tshisekedi and Vital Kamerhe,
a close ally of the Congolese President, and the sole candidate for the Speaker
of National Assembly.
Witnesses
reported fierce gunfire as the assailants raised the flag of Zaire in places
around the Palais de la Nation (State House). Zaire is the former name of the
DRC.
The Congolese
army said this was "an attempted coup d'état that was nipped in the bud by
the defence and security forces", according to Maj-Gen Sylvain Ekenge, the
spokesman. The attempt was carried out by "Congolese and foreigners who
were put out of action, including their leader", he added.
"Pending
a detailed report on the incidents that took place in the commune of Gombe on
the night of Sunday 19 May 2024, we would like to reassure the national and international
community that our defence and security forces promptly restored public order,
which had been disrupted by armed men.
"The
population is therefore urged to remain calm and to go about their business
freely", declared Peter Kazadi, Deputy Prime Minister in charge of the
Interior and Security.
The incident
awoke Kinshasa very early. Images of the assailants are currently going viral
on social media.
They show an
armed man in military uniform with a Zaire crest and flag shouting:
"Félix, get out, we soldiers are tired of suffering. Today, we wake up
with a new country. We can no longer continue with Félix or Kamerhe".
The man was
later identified Christian Malanga. He claims to have grown up abroad. The
fighting claimed several lives, but the official toll is not yet known.
The attack on
the Palais de la Nation was carried out simultaneously with another attack on
the home of Vital Kamerhe, one of President Félix Tshisekedi's allies. In the
clashes at Kamerhe's residence, two police officers were killed and one of the
assailants was also killed.
News of a coup
attempt in the DRC came five months after the election in which Tshisekedi
earned his second term.
INTERNATIONAL
UPDATE
IRANIAN
PRESIDENT EBRAHIM RAISI KILLED IN HELICOPTER CRASH
Iranian
President Ebrahim Raisi, a hardliner long seen as a potential successor to
Supreme Leader Ayatollah Ali Khamenei, was killed in a helicopter crash in
mountainous terrain near the Azerbaijan border, officials and state media said.
The charred
wreckage of the helicopter which crashed on Sunday carrying Raisi and Foreign
Minister Hossein Amirabdollahian was found early on Monday after an overnight
search in blizzard conditions.
"President
Raisi, the foreign minister and all the passengers in the helicopter were
killed in the crash," a senior Iranian official told Reuters, asking not
to be named because of the sensitivity of the matter.
Raisi's death
was later confirmed in a statement on social media by Vice President Mohsen
Mansouri and on state television.
State TV
reported that images from the site showed the aircraft slammed into a mountain
peak, although there was no official word on the cause of the crash.
State news
agency IRNA said Raisi was flying in a US-made Bell 212 helicopter.
CONCLUDING
OBSERVATIONS
1. As
President Museveni deliberates on the NGO (Amendment) Bill, 2024, the decision
will have profound implications for the future of civil society in Uganda. The
CSOs remain hopeful that their concerns will be taken into account and that a
more balanced and inclusive framework for NGO regulation will be established,
preserving the crucial role of these organizations in promoting development,
democracy, and human rights in Uganda.
2. The
conviction of the six men for the murder of a key witness in a land dispute
case is a significant step towards upholding the right to life and ensuring
justice. It highlights the need for robust witness protection programs and the
importance of addressing the underlying issues in land disputes. By
strengthening legal frameworks, protecting witnesses, and educating
communities, societies can better safeguard human rights and prevent such
tragedies in the future.
3. The
ICC's decision to hear evidence against Joseph Kony is a pivotal moment in the
long struggle for justice for the victims of the Lord's Resistance Army. It
signifies a resolute effort by the international community to address and
prosecute the heinous crimes committed by Kony and his forces. While challenges
remain, the upcoming hearings are a hopeful sign that justice, though delayed,
is still within reach.
4. The
foiled coup attempt in the DRC is a stark reminder of the challenges facing the
country. It highlights the need for enhanced security measures, political
inclusivity, and international support to ensure stability and governance.
Addressing these issues is critical not only for the DRC but for the stability
and prosperity of the entire region.
Thank
you for reading.
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