HRCU WEEKLY UPDATES: ISSUE NO. 15 OF 2024
THE WEEK OF 3RD TO 9TH JUNE 2024
Dear reader,
Welcome to this week's edition of HRCU’s Blog through
which focus is placed on the key emerging human rights issues and the working
environment of human rights defenders (HRDs) in Uganda.
Welcome back from the commemoration and celebration
of Heroes’ Day! Let each of us continue to strive for the promotion and
protection of human rights and fundamental freedoms every time, everywhere, for
everyone. That is how we can make this world a better place to live in.
Some of the key issues that emerged last week are
documented below.
MBARARA CITY REGISTERS OVER 1000 NEW HIV INFECTIONS IN
SIX MONTHS
Mbarara City residents were worried about the drastic
increase in the number of new HIV infections reported over the last six months.
According to the City HIV/Aids Focal Person, Dorcus
Twinabeitu, during the period between December 2023 and May 2024, they have
recorded over 1,000 new infections in Mbarara.
Addressing journalists during a media training and
dissemination of HIV prevention messages in western Uganda organised by Uganda
Aids Commission, Twinabeitu said the biggest threat is with young girls.
She noted that between October last year and March
2024 the number of females who tested positive were more than 600 while the
males were 400.
She said of these, the number of adolescent and young
girls between ages of 20-24 is 185, while the 25-29 year olds are 158.
Twinabeitu attributed the surge in HIV cases in the
City to poverty, drug abuse especially alcohol and domestic violence among
others.
According to Uganda Aids Commission (UAC) HIV
prevalence in Mbarara City stands at 8.1 percent which is much higher than the
national prevalence that is at 5.1 percent.
Source: https://www.kfm.co.ug/news/mbarara-city-registers-over-1000-new-hiv-infections-in-six-months.html
CONSTITUTIONAL COURT SET TO HEAR 14 PETITIONS IN JUNE
The seven Justices of the Constitutional Court are
set to hear 14 petitions within 3 days from 10th to 12th June.
According to the cause list signed by the Deputy
Registrar Susanne Susanne Okeny, the judges to handle the petitions are
Justices; Irene Mulyagonja, Christopher Gashirabake, Eva Luswata, Oscar Kihika,
Margaret Tibulya, Moses Kawumi Kazibwe, and Dr. Asa Mugenyi.
The cause list indicates that among the petitions to
be heard include a petition challenging the custom and legislation of paying
district chairpersons salaries lower than those paid to Members of Parliament.
Another petition to be handled was filed by the
Women’s Probono Initiative (WPI), arguing that the custom of one man marrying
more than one wife is unconstitutional and contravenes Articles 21(1), 24, and
44(a) of the Constitution.
It also argues that the Government’s omission to
outlaw this custom contravenes Articles 32(2), 5, and 33(1) of the
Constitution.
Court will also hear a petition arguing that certain
Sections of the Administration of the Judiciary Act 2020 are inconsistent with
several Articles of the Constitution.
Source: https://www.kfm.co.ug/news/constitutional-court-set-to-hear-14-petitions-in-june.html
CALLS AGAINST CORRUPTION, HOMOSEXUALITY DOMINATE
MARTYRS’ DAY CELEBRATIONS
Calls against corruption and homosexuality dominated
Martyrs celebrations held at Namugongo in Wakiso District.
President Museveni who returned to Namugongo after
four years for commemoration of the Uganda Martyrs Day warned against
ignorantly debating Uganda’s stance on homosexuality.
In his speech delivered at the Catholic shrine, the
president said Uganda is a land of martyrs, warning people who carelessly
comment about the homosexuality vice.
“Those people who are just talking outside there,
normally follow what they are saying, like in the issue of the homosexuals,
they talk too much not knowing Uganda is a land of Martyrs,” President said.
He urged religious leaders to emphasize the fact that
man has both spiritual and physical needs
MUSEVENI HAILS ANITA AMONG; SLAMS ‘TRAITORS’,
‘FOREIGN AGENTS’
President Museveni heaped praises on Speaker Anita
Among for “working harmoniously with the executive.”
“I want to salute the Speaker, Deputy Speaker and
MPs,” said Museveni during the state-of-the nation address in Kololo on
Thursday afternoon.
“I hear some people saying that Anita Among is
perhaps not powerful enough because she does not undermine the executive but
that’s not the case,” he observed.
“In the past, there was a risky and shallow tendency
by some actors who tried to use Parliament to undermine the Ugandan
revolution,” the president noted, adding, “This was a miscalculation that was provocative,
but we managed to handle it peacefully.”
The praises come at a time the Speaker is facing a
storm over the award of almost Shs 2bn to Commissioners of Parliament in
service awards.
The huge expenditure of Parliament on activities run
by the Speaker has also enraged the public.
However, Among maintains the expenditure of
Parliament is always in line with approved budgets.
The U.S. and UK governments recently slapped
sanctions on Among and her hubby, Eng Moses Magoogo.
Among today said the “call for leadership comes with
the risk of being misunderstood, criticized, opposed, accused, sanctioned, or
even rejected.”
The Speaker, who recently spearheaded the passing of
the Anti-homosexuality law amid intense pressure from developing countries,
said leaders “owe it to society to stand firm, and the good Lord will always be
with us.”
Museveni disclosed that during the budgeting process
for the year 2024/25, Among and Deputy Speaker Thomas Tayebwa worked closely
with the heads of the executive and judiciary to harmonise their budgets.
He also slammed what he described as “foreign agents”
and “traitors” who serve interests of foreign countries.
“There are, however, other actors, that get bribes
from foreigners to work for foreign interests. These are both corrupt and
traitors and we are monitoring their activities,” said Museveni.
“If they do not stop; and with evidence, we shall
deal with them,” he added.
“They approach our people and say, ‘go and make a bad
report against Uganda and we shall give you an award and it will have such
money,’” said Museveni.
“I wish you good luck with the money of betrayal. We
are following up. Those two – the dishonest people and traitors are the ones we
are targeting. Mistake makers, we can show them how to do things.”
Source: https://chimpreports.com/museveni-hails-anita-among-slams-traitors-foreign-agents/
REGIONAL UPDATE
AFRICAN COURT GIVES TANZANIA ULTIMATUM TO SCRAP DEATH
PENALTY
The African Court on Human and Peoples’ Rights
reiterated its longstanding order to Tanzania to revoke the death penalty in
line with the continental charter on the right to life.
Delivering judgment on two separate cases, the court
sitting in Arusha emphasised again that mandatory capital punishment was a
violation of the African Charter and gave the country six months to remove it
from its legal statutes.
Nzigiyimana Zabron, a Burundi national, and Tanzanian
Dominick Damian are convicted murderers who have been languishing on death row
at Mwanza's Butimba Central Prison for the last 12 years awaiting execution.
While the continental court has issued several
similar orders for Tanzania to scrap the death penalty in recent years, the
punishment has remained enshrined in the country's Penal Code despite growing
opposition against it as a colonial era legacy.
This puts it among several African countries that
continue to retain it despite a 1999 resolution by the African Commission for
Human and People's Rights calling on African Union member states to observe a
moratorium on capital punishment.
Only eight countries have abolished it in law and
practice in the past 10 years, since 2014. Others are eyeing formal abolition
while continuing to mete out the sentence for major offences.
Many, including Tanzania and Kenya, have not carried
out any executions for years. Tanzania's last execution was in 1995 and Kenya,
which also still sentences people to death, in 1987.
Official statistics show that by May 2023, there were
691 prisoners in Tanzanian prisons awaiting execution of their death sentences
meted out by domestic courts.
In the cases of Zabron and Damian, the African court
rejected their appeals for their convictions to be quashed outright, saying
their guilt had been established beyond reasonable doubt in the respective
trial proceedings with no evidence of "miscarriage of justice."
INTERNATIONAL UPDATE
SPAIN JOINS SOUTH AFRICA'S UN CASE ON ISRAEL GENOCIDE
ACCUSATIONS
Spain last week announced it would apply to the
United Nations’ top court to join South Africa’s case accusing Israel of
genocide in the Gaza Strip.
“Our sole goal is to put an end to the war and to
advance on the road of applying the two-state solution,” Spanish Foreign
minister Jose Manuel Albares said.
Spain is the first European country to make the
request, joining 12 other countries. South Africa introduced the case to the
International Court of Justice last year, alleging that Israel’s Gaza offensive
violated the 1948 UN Genocide Convention. Israel retaliated against Hamas after
the terror group attacked the country on October 7, killing about 1,200 people,
according to Israeli estimates.
“At the moment, we see a large-scale war that does
not distinguish between civilian and military targets in Gaza, as well as the
enormous risk of regional spillover,” Albares said, adding that the court must
decide if Israel’s action in Gaza amounts to genocide.
Once admitted to the case, Spain would be able to
make written submissions and speak at public hearings. Spain, as well as
Ireland and Norway, recently recognized the state of Palestine, joining over
140 countries. Their decision brought an angry reaction from Israel, which has
denied committing genocide.
The ICJ, developed after World War II to settle
disputes between states, ordered Israel last Friday to allow UN-mandated
investigators to look into the genocide accusations. On January 26, the ICJ
also ordered Israel to take all measures to prevent genocide during its
military operation in Gaza.
South Africa has told the ICJ that the humanitarian
crisis in Gaza requires the court to issue new emergency measures. On May 24,
the court ordered Israel to immediately halt the offensive in Rafah and keep
the border crossing open for aid. It also called for the immediate release of
the hostages taken by Hamas on October 7.
There already have been preliminary hearings on the
genocide case against Israel. The court may take years to make a final
decision.
Source: https://www.voanews.com/a/spain-joins-south-africa-un-case-/7645496.html
CONCLUDING THOUGHTS:
1. It
is essential for both local authorities and communities to collaborate in
addressing these challenges to curb the spread of HIV in Mbarara City and this
can be done through in several ways including Scaling up education and
awareness campaigns focusing on safe sexual practices and the importance of
regular testing.
2. The
Constitutional Court's hearings on the 14 petitions are integral for
reinforcing the rule of law, protecting human rights, ensuring governmental
accountability, and maintaining public trust in the judicial system.
3. Corruption
is a major impediment to good governance and the protection of human rights. By desisting from
corruption and prioritizing the protection of human rights and good governance,
public officials can create a more prosperous, and accountable system. The
collective effort of government, civil society, and international partners is
essential to achieve these goals and build a future free from the detrimental.
4. The
African Court on Human and Peoples’ Rights (AfCHPR) has indeed reinforced its
directive to Tanzania to abolish the death penalty, emphasizing adherence to
the African Charter on Human and Peoples’ Rights, which enshrines the right to
life. This move aligns with broader continental and international human rights
standards advocating for the abolition of capital punishment. The court's stance
is part of a growing trend in Africa and worldwide to promote human rights and
the inherent dignity of all individuals.
Thank
you for reading. Let us keep in touch.
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