Employees of the Daily Monitor newspaper with their mouths taped shut, sing slogans during a protest against the closure of their premises by the Uganda government, outside their offices in the capital Kampala May 20, 2013. Police raided Uganda's leading independent newspaper on Monday and disabled its printing press after it published a letter about a purported plot to stifle allegations that Uganda President Yoweri Museveni is grooming his son for power, a senior editor said. © 2013 James Akena/Reuters
By Byamukama Richard Bard
Worth Noting:
- The minister disputed the generalized claim of gross abuse of human rights and so called shrinking civic space by the Leader of Opposition Hon Mathias Mpuga. Democracies evolve. Uganda is one of them.
- That Uganda has made tremendous remarkable strides, from the individual merit of the movement system, which was all inclusive, to the multiparty dispensation that obtains today. The decision to introduce the current political dispensation was conscious and deliberate, to allow those who felt uncomfortable under the movement broad based shelter, to seek the ideological shelter of their comfort, for political expression.
- While the movement system was nonexclusive, and served well in the interim period to foster national unity post liberation, the multi-party system allows for people to politically organize distinctively and exclusively, around their party ideology.
The fate of Human rights in Uganda has been under intense controversy since early 2000s and various reports published both locally and internationally by the BBC, VOA, Human Rights Watch, Al Jazeera etc have pined government and its security agencies like the army, police and the intelligence agencies as the lead actors in human rights violations. This has been faced by resentment and discounted by different political actors, the civil society, and the international community.
On various occasions, government has always come out to deny the accusations and any participation in the human rights violation.
The coming into power of the National Resistance Movement (NRM) Government in 1986 ignited hope amongst Ugandans for a democratic, transparent and accountable system of governance that would protect, respect and promote the fundamental rights of every person. This is because most of the previous regimes had been characterized by gross human rights violations that had not been redressed. President Yoweri Museveni’s inaugural speech on 26 January 1986, in which he promised Ugandans that the new government was not a mere change of guards but rather a fundamental change, gestured a determination of his government to be different from its predecessors in all respects.
However, for the past 20 years, and more often of recent, national and international human rights organisations have documented continuing human rights violations perpetrated by state security organs. These reports have always raised concerns and made recommendations which remain valid to date. This has resulted into local and international discredit of the security agencies and calls for international actions that has seen a spike in both financial and criminal sanctions for the heads of the national security agencies. A good example is the former Inspector General of Police IGP Gen Kale Kaihura, and several other military generals that have been sanctioned by the European Union and the United States for human rights violations.
The recent boycott of parliamentary plenary by the opposition MPs is an example of the various contests against the fate of human rights in Uganda. In the boycott, the MPs demanded a full statement about the fate of human rights, the increasing human rights violations and the whereabouts of missing persons who were allegedly abducted by security operatives
In response to the demands by the opposition MPs, a response was read on Tuesday 5th 2023 by the minister of Internal affairs Gen David Muhoozi and was premised on grounds of 1) That Uganda is among the worst human rights abusers, 2) Fresh resubmission of matters regarding the November 2020 riots and attendant deaths and other issues 3) alleged victimization of Muslims and claim that there are more muslims in detention /custodial centers than any other denomination, 4) alleged widespread detention without trial and claim that over 500 NUP supporters arrested in 2020 to 2021, were detained without trial and released after payment of a ransom from both military and civil custody, and over 50 reportedly remain incarcerated at Kitalya government prison, 5) alleged human rights violations in fishing communities including claims of rape, defilement, property destruction, murders, unjustified arrests and illegal closure of landing sites
The minister disputed the generalized claim of gross abuse of human rights and so called shrinking civic space by the Leader of Opposition Hon Mathias Mpuga. Democracies evolve. Uganda is one of them. That Uganda has made tremendous remarkable strides, from the individual merit of the movement system, which was all inclusive, to the multiparty dispensation that obtains today. The decision to introduce the current political dispensation was conscious and deliberate, to allow those who felt uncomfortable under the movement broad based shelter, to seek the ideological shelter of their comfort, for political expression. While the movement system was nonexclusive, and served well in the interim period to foster national unity post liberation, the multi-party system allows for people to politically organize distinctively and exclusively, around their party ideology. The expanded civic space created by that bold measure of Government, has enabled the obtaining diversity in the character of the national politics, including the composition of Parliament, which is comprised variously, by members of the NRM, different political parties, independents, and special interest groups.
In other words, the statement by the minister implies that there is no opposition crackdown in Uganda and all other political persecution mechanisms like the targeted arrests, crackdown on opposition party activities, targeted assassinations of opposition supporters and politicians especially NUP, state inspired violence against the opposition, limited freedoms of movement and association by the opposition parties and their supporter etc
Even though the writ of habeas corpus is inviolable, there are instances where it was not complied with. In some cases like the one of Kakwenza Rukirabasaija, and many other cases, the orders were issued against security agencies who never bothered to produce the detainees or make a response to the applications and went ahead to charge the detainees in military or civilian courts.
In regards to the November 2020 violence, the minister in his response asserted that an investigation was done immediately after the riots and a report to that effect was presented to the last Parliament by the then Minister of Internal Affairs. Violent riots broke out and rocked various parts of the country in November 2020, before they were quelled by police and other security forces. The riots covered Kampala and Wakiso, which were the epicenter of the riots, as well as Mukono, Masaka, Kyotera, Lwengo, Mpigi, Luwero, Wobulenzi, Mityana, Lugazi, Njeru, Jinja, Buwenge, Iganga, Namayingo, Namutumba, Luuka, Kamuli, Budaka, Busia, Mbale, Arua and Gulu respectively.
During these riots, extensive loss to property (private and public), and damage to and loss of lives, were registered. The destruction incidental to the riots, or directly arising from the various riotous acts was immense. These included deliberate acts of arson or torching of buildings and vehicles, use of stones and other objects to hit innocent members of the public, motorists, security personnel and property, physical assault, manhandling and abuse of members of the public as well as law enforcement officers, staging of illegal road blocks, and demanding money with menaces from members of the public
There was also burning of tyres to damage and block public roads, and throwing petrol bombs into buildings and at security/law enforcement officers among others. During this chaos, even ordinarily sanctified places like court premises, were not spared. Wobulenzi court premises were set ablaze.
A total of Fifty six (56) people lost their lives, including those by gun – shot wounds, and others whose death was through other causes incidental to the riots. The latter include those that lost their lives as a result of a motor vehicle accident involving vehicle reg. No UAN 827N, whose driver lost control after being hit by a stone and knocked two (02) people dead namely: Nalwadda Kevin and Nsimbe Shafik.
Forty six (46), out of the fifty six (56) victims, were male adults and three (03), were male juveniles. Forty eight (48) of the victims, were from the Kampala Metropolitan Areas of Kampala, Wakiso and Mukono, while two( 02) were from Jinja, two (02) from Luweero, one ( 01) from Rakai, one (01) from Kinoni in Lwengo, one ( 01) from Butambala and one ( 01) from Mpigi respectively.
The minister asserted that security operations are governed by the law, to ensure and guide the participating forces on the employment of lethal force. This is ensured through a number of ways, including training, briefing before operations, and debriefing post operations, as well as dissemination of rules of engagement, which have been distilled and reduced into pocket books for the tactical operators.
However, there are many deaths annually mainly resulting from indiscriminate shootings and use of excessive force such as live ammunition in effecting arrests and crowd control that is not always necessary and intense physical torture of suspects the likes of exiled novelist Kakwenza Rukirabasaija and many others. Police’s heavy-handedness, excessive and indiscriminate use of lethal force, failure to respect people’s right to assemble and demonstrate contributed to arbitrary killings including of innocent bystanders, children and students. Some of the killings are always outright and casually committed. Police in response always/routinely attributes the deaths to unprofessional conduct by their officers, stray bullets, accidental shooting, resisting arrest and acting in self-defense, which are often un-reasonable excuses and need urgent reforms
On the issue of missing persons, the minister claimed hearsay testimony by the next of kin and witnesses where most of the next of kin aren’t eye witnesses to the alleged disappearances. They were recounting to the investigators cum NGO, the stories of the arrests as told by unidentified and unascertainable third parties/ third sources, which renders these secondary testimonies unreliable, unless corroborated.
Fictitious people forexample investigations revealed that there exists no Ssemuju Joseph. According to the minister, searches were carried out in different government databanks, to wit Interpol, Forensics, NIRA, City Mortuary Kampala and Immigration. In NIRA records, information of nine people out of the eighteen, wasn’t available
The Constitution of the Republic of Uganda, guarantees the protection of personal liberty. The safety and security of persons residing within (both nationals and non-nationals) the territory of Uganda, is the responsibility of government. Any disappearance of persons, whether at the hands of state agents or even by private persons, is, should always be, and has always been since time immemorial inevitably been of concern to government.
In conclusion, I find the following recommendations necessary for urgent reforms by the Executive, Parliament and the Judiciary to give human rights a guarantee;
1) EXECUTIVE
- Order the immediate investigation of the incidents of human rights violations that have been documented in this report and by other stakeholders with a view of holding those responsible to account and determining appropriate redress for their victims.
- Make public a list of all authorized or gazetted places of detention in order to clarify on the ambiguity within the existing legal framework on a place of detention.
iii. Undertake policy reforms to bring the current practices under the military justice function in tandem with the justice, law and order sector.
- Sign the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in order to allow for independent review by international and national mechanisms, of Uganda’s progress in implementing the Convention Against Torture (CAT).
- Respect and allow dissenting views on governance especially from the political opposition.
- Investigate and bring to account security agencies and or their officers and agents that have defied, disrespected or disregarded court release orders and writs of habeas corpus, in order to enhance the importance of separation of powers.
vii. Strengthen and allow the national human rights monitoring and reporting mechanisms to work independently, particularly so the Uganda Human Rights Commission, relevant Committees of Parliament, civil society organisations and human rights defenders generally.
viii. Commission a public hearing and/or inquiry into the menace of the UPDF Fish Protection Force as well as UWA.
- Strengthen dispute resolution mechanisms involving injustices on land and natural resources. This includes conclusively resolving pending boundary disputes between state agencies and communities especially in areas neighboring national parks and game reserves, such as the Mountain Elgon National Park, in order to reduce the human rights violations arising out of such conflicts.
- In particular, the President of the Republic of Uganda should expressly recognize in all presidential pronouncements, the importance of respect for human rights and the rule of law to sustainable development
- The President should also publicly condemn human rights violations and in addition take serious steps against acts of impunity on which such violations thrive
2) PARLIAMENT
- Come up with a clear position on the place of the Uganda Police Force (UPF) as the primary duty bearer in law enforcement
- Remove the army completely out of politics and political activities like arrests, suppression, campaigns, political mobilization etc
iii. Relatedly, the actions of Parliament should be in consideration of the need to protect the image of the UPF.
- Allocate adequate resources to enable the UPF to effectively exercise its mandate.
- Together with the Uganda Law Reform Commission, eliminate ambiguities within the existing laws on which some of the human rights violations thrive.
- Review and amend the Criminal Procedure Code Act in order to harmonize standards and procedures with the Constitution and other international human rights instruments to which Uganda is a party
3) JUDICIARY
- Fast track the hearing of cases involving human rights violations in order to give expeditious redress to the victims.
- Strongly condemn human rights abuses related to the handling of suspects before and during the trial process
Byamukama Richard Bard is a lawyer and a student of Security and Strategic Studies
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