HRCU WEEKLY UPDATE: ISSUE NO. 18 OF 2024

 

 

THE WEEK OF 1^ST TO 7^TH JULY 2024

Dear reader,

Welcome to this new week! The Team at The Human Rights Centre Uganda believes that all is moving on well with you and your loved ones and is glad to continue sharing with you the weekly edition of human rights and key emerging issues within the operating environment of human rights defenders (HRDs).

Below are some of the updates from the week of 1^st to 7^th July 2024 through which we hope that actions shall be drawn to improve the promotion and protection of human rights and fundamental freedoms in Uganda and ultimately, world over.

NATIONAL UPDATE

HUMAN RIGHTS AND PUBLIC FINANCE: MUSEVENI FINALLY 'APPROVES' 2024/25 BUDGET

President Yoweri Museveni finally assented to the Appropriation Bill that was passed by parliament in April.

Appropriation Bill is the other name for the budget that lays out how government is going to raise money and how it intends to spend it.

Museveni declined to assent to the bill, accusing the MPs of altering his government’s priorities by reallocating Shs 750 billion. On Tuesday this week, MPs amidst sharp resistance, amended the bill to take care of Museveni’s interests.

A statement from the Presidential Press Unit (PPU), noted that Museveni signed the bill on Thursday last week.

“PPU wishes to inform the general public that the President…has signed the Appropriation Bill, 2024 (reconsidered) into law. The President assented to the bill today, Thursday, 4th July 2024,” the short statement reads.

There were worries that the country had entered a new financial year that begun on July 1 without an approved budget. 

Source: https://observer.ug/index.php/news/headlines/81795-museveni-finally-approves-2024-25-budget

ACESS TO JUSTICE: COURT OF APPEAL TO HOLD 3-DAY CRIMINAL APPEAL HEARINGS IN KABALE

The Court of Appeal was set to start hearing 25 criminal appeals at Kabale High Court in three days.

According to the cause-list signed by the Court’s Registrar Lillian Bucyana, of the 25 appeals to be handled, 15 were murder-related cases. Aggravated defilement followed in second place with seven appeals, rape with two, and aggravated robbery with one.

In 10 of the appeals, the appellants are seeking to have their convictions and sentences quashed, 13 want the court to quash their sentences, and two are seeking other relief.

Among the appeals to be heard during the Session was one where the State is challenging an acquittal of Aggravated Defilement charges, as well as one in which an appellant is seeking to overturn a life sentence for murder.

The three-day session will be presided over by Justices; Irene Mulyagonja, Christopher Gashirabake, and Eva Luswata.

Source: https://www.kfm.co.ug/news/court-of-appeal-to-hold-3-day-criminal-appeal-hearings-in-kabale-today.html

THE RIGHT TO FREEDOM OF EXPRESSION: ANOTHER SPEAKER AMONG CRITIC REMANDED TO LUZIRA PRISON

A 34-year-old woman, Fatuma Nansubuga was remanded to Luzira prison on charges of common nuisance.

Nansubuga a resident of Kalerwe market, Kawempe Division was arrested last week after staging a lone protest outside parliament. On Thursday she was arraigned before grade one magistrate Caroline Kyoshabire.

Buganda Road Magistrate's court heard that Nansubuga on July 2 at Kampala Central in Kampala district was seen walking while carrying placards demanding the resignation of the speaker of parliament Annet Anita Among.

According to the prosecution, the placards bore words indicating that Uganda must be free from corruption which they say inconvenienced the public in the exercise of their common rights by blocking their walkway thereby concluded to be a common nuisance.

The prosecution informed court that investigations in this case were complete and asked for a hearing date. However, Nansubuga denied the charges against her and through her lawyer Swaibu Kitakule applied to be released temporarily on bail. Magistrate Kyoshabire advised Nansubuga's lawyer to apply for bail at the next sitting.

Consequently, Nansubuga who has been at Kampala Central police station for two nights was sent to Luzira Prison until July 9. Nansubuga is not the only person who has appeared in court in the recent past over cases arising from the alleged condemnation of corruption reportedly perpetuated by speaker Among.

On Wednesday last week, the former Rubaga Division RCC Herbert Anderson Burora was sent to Luzira Prison by the same court on charges of hate speech and spreading malicious information, shortly after he had been suspended from office on allegations of having continued to issue or utter statements to the social media without express authority from his line supervisors.

Burora had criticized Among over corruption on X. A few months ago, a Tiktoker Ibrahim Musana commonly known as Pressure 24/7 was remanded for about two months for promoting hate speech against Among, President Museveni and Kabaka of Buganda before he secured his freedom.

Source: https://observer.ug/index.php/news/headlines/81798-another-speaker-among-critic-remanded-to-prison

THE RIGHT TO FREEDOM OF EXPRESSION: BURORA REMANDED TO LUZIRA TILL JULY 9

Former Rubaga Division deputy Resident City Commissioner (RCC) Herbert Anderson Burora will spend at least a week in Luzira prison after being remanded by Buganda Road Chief Magistrate's court.

He was charged with hate speech and malicious information under the Computer Misuse Act an offence on conviction that warrants a fine not exceeding 750 currency points (Shs 15 million) or imprisonment not exceeding seven years, or both.

Burora was on Wednesday afternoon last week arraigned before chief magistrate, Ronald Kayizzi, who read to him two charges. Burora denied the charges read in in a fully-packed courtroom. Court heard that between March and June 2024 in the areas of Kampala district or thereabout while using X (formerly Twitter) handle '@HarderHB', Burora shared information that was likely to ridicule, degrade or demean and promote hostility against the speaker of parliament Annet Anita Among.

On the second count, the prosecution stated that Burora shared malicious information relating to Among around the same time and areas. The prosecution led by state attorneys Richard Birivumbuka, Joan Keko, and Ivan Kyazze informed court that investigations into the matter were still ongoing. A team of seven lawyers representing Burora asked the court to dismiss the charges against their client because the charge sheet was defective.

The lawyers, Phillip Munaabi, David Kamukama, and Benjamin Katana argued that the charge sheet did not show what Burora said to constitute hate speech, and nothing malicious was indicated. The defence team cited the case of Dr Stella Nyanzi case in which the prosecutors indicated that she used the word 'buttocks' and other vulgar words, which is not the case with Buroroa's charge sheet.

Source: https://observer.ug/index.php/news/headlines/81794-burora-remanded-to-luzira-till-july-9

A CALL TO PROTECT AND PROMOTE RIGHTS OF PWDs: GOV'T TASKED TO PROMOTE INCLUSIVE POLICIES FOR PEOPLE WITH DISABILITIES

Civil Society Organizations advocating for children’s rights tasked the government to promote inclusive Policies that will be used to address the rights of children living with disabilities.

Speaking at the African Disability Summit on assistive technology, Florence Namaganda the Founder of the  Mukisa Foundation noted that the government should consider and waive taxes on adaptive and rehabilitative devices such as wheelchairs used by persons with disabilities.

She added that the continued limitation to having children with disabilities get access to the said devices in question is bound to affect such communities.

“Government should also support organizations and companies manufacturing these assistive devices so that they make them in plenty and sell them at a lower price, this will enable every differently-abled person most especially children to easily access them”, Namaganda said.

While giving a keynote address at the same event, Dr. Samuel Ssekajja Senior lecturer at Makerere University Business School said that parents and government should similarly invest in the differently abled children the way they do to other children.

He warned that as the community adopts the use of Artificial intelligence such critical gaps in technology must be addressed.

Source: https://capitalradio.co.ug/news/2024-07-05-govt-tasked-to-promote-inclusive-policies-for-people-with-disabilities/  

REGIONAL UPDATE

CALL OF DUTY AND HUMAN RIGHTS: 25 CONGOLESE SOLDIERS SENTENCED TO DEATH FOR FLEEING FROM ENEMY

At least 25 Armed Forces of Democratic Republic of Congo (FARDC) soldiers attached to Northern Front operations have been sentenced to death after pleading guilty to fleeing from the enemy.    

The soldiers were arrested following the recent swift advance of the March 23 Movement (M23) rebels in Lubero territory. M23 rebels captured Kanyabayonga in recent weeks and later advanced to Miriki, Kimaka, Luofu, and Kayna. Rebels also captured FARDC’s military camp of Kasando, located about 4 kilometres from Kirumba town.      

Appearing before the Butembo garrison military court presided over by captain magistrate Byamungu Munanira, the soldiers were charged with the dissipation of war munitions, fleeing from the enemy in Kaseghe and Matembe, violation of orders, and robbery. 

The court heard that the soldiers abandoned war ammunition and fled from the frontline without orders from their commanders.       Munanira also sentenced one soldier to 10 years of main penal servitude for robbery while on the front. Munanura however released four wives of soldiers after the court failed to prove their involvement in the fleeing of soldiers from the front.       

2^nd Lt Reagan Mbuyi Kalonji, FARDC spokesperson for Northern Front operations says that the sentence acts as a lesson to discourage decisions that violate instructions during the fighting. Tension remains high on all fronts as both parties remain in their positions. M23 rebels have released threats of advancing to Butembo town.     

In March 2022, M23, led by Bertrand Bisimwa and Gen Sultan Makenga, initiated a conflict against the government. The DRC government accuses Rwanda of supporting M23, although both Rwanda and M23 vehemently deny these claims. The rebels assert that they are fighting against corruption, xenophobia, and discrimination within the leadership of DRC.    

Source: https://observer.ug/index.php/news/headlines/81797-25-congolese-soldiers-sentenced-to-death-for-fleeing-from-enemy

INTERNATIONAL UPDATE

UK LABOUR PARTY DEFEATS RISHI SUNAK’S CONSERVATIVES

Rishi Sunak has said he accepts responsibility for the Conservative Party’s historic general election defeat. Sir Keir Starmer has led the Labour Party to a landslide victory and will take over from Mr Sunak as the UK’s prime minister.

Sunak told supporters: “The British people have delivered a sobering verdict tonight, there is much to learn… and I take responsibility for the loss.”

Speaking in central London, Sir Keir said “change begins now”, adding “it feels good, I have to be honest”.

With more than 500 out of 650 seats declared, Labour is projected to form the next government, with a majority of 166.

The Tories are set for the worst result in their history, with just 136 MPs.

Reform UK leader Nigel Farage has won a seat in Parliament at his eighth attempt, in Clacton, promising “this is just the first step of something that is going to stun all of you”.

Reform has four MPs so far – including chairman Richard Tice and former Tory Lee Anderson – and is finishing second in many parts of the country, taking large amounts of votes from the Conservatives.

The Scottish National Party is now forecast to be reduced to just eight MPs, as Labour regains dominance in Scotland.

Source: https://www.independent.co.ug/uk-labour-party-defeats-rishi-sunaks-conservatives/

CONCLUDING OBSERVATIONS

1.   The Court hearings in Kabale are part of the judiciary's broader efforts to improve access to justice and reduce case backlog by bringing court services closer to the people in different regions. Such sessions are significant in enhancing the efficiency of the judicial process and ensuring that justice is served promptly.

2.   Uganda's legal framework does provide for freedom of expression, but there are also laws such as the Computer Misuse Act,2022 which have been used to target critics. The balance between security and freedom remains a contentious issue. HRDs and Human rights organizations, such as HRCU are working to advocate for the protection of the right to freedom of expression.

3.   The national budget plays a critical role in the protection and promotion of human rights. By allocating financial resources to various sectors, the government of Uganda can ensure that the fundamental rights of its citizens are upheld and that their basic needs are met.

4.   Promoting inclusive policies for people with disabilities is a pivotal issue that requires comprehensive and sustained efforts from the government, HRDs and the key stakeholders. In essence, inclusive policies ensure that people with disabilities have equal access to opportunities, resources, and services, thereby enhancing their quality of life and enabling full participation in society.

Thank you for reading. Wishing you the best of the week.