The Hurinet Blog

Uganda Joins the rest of the World to Commemorate the International Human Rights Week

2011-12-06T04:28:00.000-08:00

Human Rights Network-Uganda (HURINET-U), the Uganda Human Rights Commission (UHRC), and the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Uganda are organizing a number of activities to commemorate the international Human Rights Week and to raise awareness about the theme for this year as we commemorate the coming into force of one of the most important documents of our time and the Universal Declaration of Human Rights (UDHR) that was adopted far back in December 1948 by the various nations of the world.

Activities to mark the week include:

Capacity building workshop for Human Rights Defenders at the people’s space –Hotel Africana organized by East and Horn of Africa HR Defenders project to run from Monday 5^th to 9^th December 2011
Today’s press conference to launch the week and to brief the media on activities to mark the International Human Rights Week
Public Dialogue for the youth at Makerere University Senate building conference hall on Wednesday 7^th December 2011
A Human Rights Quiz for selected secondary schools students in Kampala to be held at Ndere center on Thursday 8^th December 2011 and later screened on UBC, NTV and Bukedde television stations
Human Rights Forum for HURINET members to be held on Friday 9^th December 2011 at HURINET secretariat
Human Rights grand finale at Hotel Africana on Saturday 10^th December starting at 2:00pm at which Human Rights film on Human Rights Defenders will be screened, launch of the UHRC Human Rights Defenders’ desk and award of prizes to best Human Rights Reporters and winners of the Human Rights Quiz will be done

The focus of this year’s Human Rights day is about Human Rights defenders and the use of social media to promote Human Rights. In Uganda we are commemorating this year’s International Human Rights Day under the theme: ‘Let us Use the social media to promote Human Rights.’

Rarely has the interface between the role of Human Rights defenders and the fundamental human rights been as clearly demonstrated, in so many formats, and in such a wide spectrum of social media users, as it has been particularly with the advancement in mobile technology and the internet. Human Rights Defenders, especially in the media –old and new, local and international- have played a very important role in the promotion and protection of Human rights

Human Rights Defenders world –wide have in some instances paid a heavy price for their continued and brave efforts to promote and protect human rights through information dissemination using blogs, mobile phones and other emerging technologies.

In Uganda, Human Rights Defenders such as Activities, Journalists, the youth and other human rights enthusiasts have been able to use the social media without much hindrance. Many Human Rights Defenders are now active users of social media such as face book and twitter, and transmit graphic video evidence and Short Messages (SMS), as well as to allow direct interviewing from the scene. These platforms have been employed by the media to disseminate information on human rights violation and abuses

Although the roles of human rights defenders and the press are different, both are crucial and can be mutually reinforcing in the way they promote accountability, transparency and democratic governance. Freedom of expression means an open space not only for the media, but also for the rest of society. The free flow of information empowers people to claim their rights in the public arena

The significance of the impact of new technology and the internet applications cannot be underestimated. By allowing individuals to share information and ideas of all kinds instantaneously and inexpensively across national boundaries, the internet and other forms of new media have rapidly developed into extraordinarily powerful communication tools to inform us of the facts and expose human rights violation

It is worth recalling that the right to freedom of expression, as laid down in article 19 of the universal declaration of Human Rights and article 19 of the international Covenant on Civil and political rights, was drafted in such a way as to accommodate new technological developments through which individual exercise this right, including the internet and social media. Article 19 states that “Everyone shall have a right to seek, receive and impact information and ideas of all kinds regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice “

The 1995 constitution of Uganda under article 29 protects freedom of conscience, expression, movement, religion, assembly and association. The freedom of expression should be firmly upheld by all actors for its enjoyment by the key players and the general citizenry. The government on the other hand has the responsibility to protect and show its commitment to respect freedom of expression

We strongly believe that internet should remain as open as possible, and stress that any restriction that may be imposed, based on an exceptional basis- for example to prohibit the dissemination of child pornography or material that amounts to incitement to commit serious crimes or to racial hatred- must be done in strict compliance with the requirements set out under our constitution and the international human rights Law. This means that any conditions for restricting the flow of information must be provided by law, which is unambiguous and understandable to everyone the restriction must be justified as being necessary for one of the purposes established under international human rights law, mainly to protect the rights of others; and measure taken must be proportionate to the aim it seeks to achieve.

We call upon the state and all practitioners to embrace that benefits brought by the social media forums which have empowered citizens to access information, express themselves, participate in public debates more than ever. The arrival of the digital revolution in Uganda especially the evolution of the internet, emergence of new forms of media, and the rise of online social networks has reshaped issues of freedom of expression, participation and governance in Uganda. We must all work to ensure that the broadest possible plurality of voices is heard in defense of human rights defenders

We as human rights defenders shall remain steadfast in offering guidance to government so that media laws or regulatory regimes are not enacted with undue limits on freedom of expression

As we commemorate this year’s international Human Rights day, we would like to pay attribute to all human rights defenders in Uganda and the world over for their courage and determination to exercise their right to freedom of expression, ultimately promoting and defending human rights for many. In so doing they enable man kind to defend and enjoy our fundamental and human rights

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

HURINET tasks Government to investigate death of Rwandan journalist

2011-12-06T04:09:00.000-08:00

A Daily Monitor Article

By Anthony Wesaka and Steven Collins

The head of the Human Rights Network on Tuesday tasked government to quickly prosecute the suspects behind the death of a Rwandan journalist.

Mr Charles Ingabire, who was the editor of Rwanda's online news wire Inyenyeri, was shot dead on Wednesday last week at Makies 2 Bar in Bukesa –Kikoni, a Kampala suburb. According to police, two suspects, a guard and a waiter from the bar, have been arrested.

“Government failed to protect the life of Charles Ingabire but it should now quickly investigate and bring the culprits to book,” HURINET chief executive officer Mohammed Ndifuna said.

Mr Ndifuna was speaking to journalists in Kampala at the kick off the week long activities to mark the International Human Rights Day, which will be celebrated on Saturday.

HURINET, in conjunction with the Uganda Human Rights Commission (UHRC) and United Nations Office of the High Commissioner for Human Rights (OHCHR) in Uganda, received numerous questions from journalists regarding their safety on the job.

The Acting chairperson of the UHRC, Joseph Etima, advised journalists to always take security precautions while in the field, saying they are always alone there.

“You must take courage and take precaution. Your profession is not a joke as a pen is mightier than a sword,” Mr Etima said.

Mr Ndifuna also called upon the government not to pass portions of the Public Management Order Bill that would restrict its citizens’ constitutional right to freely discuss contentious issues through the social media

This is one of the bills before Parliament that the human rights defenders are keenly following. Another is the NGO Act, which could make it more difficult for organizations to communicate with people in rural areas.

“People should have more rights, not less. We need to fight against the trend that rights are getting fewer and restrictions are getting greater,” said Birgit Gerstenberg, a representative of the United Nations Office of the High Commissioner for Human Rights in Uganda.

When asked about whether Uganda’s human rights record had gotten better or worse over the last year, panelists offered a mixed reaction. Mr. Ndifuna described the government’s recent track record as “the good, the bad and the ugly.”

“What is clear is the fluidity of the situation,” Mr. Ndifuna said. “You take three steps forward and are celebrating and then you take one step backward.”

The focus of this year’s Human Rights day is about human rights defenders and the use of the social media to promote human rights.

awesaka@ug.nationmedia.com&editorial@ug.nationmedia.com

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

A call to government to adhere to the commitments made to the UN Human Rights Council

2011-10-27T03:58:00.000-07:00

On the 11^th October 2011, Uganda went through its first ever review of its human rights record by the Human Rights Council under the Universal Periodic Review framework. The UPR is a new UN mechanism aimed at reviewing the human rights situation in all the 192 countries on a periodic basis under a cycle of 4 ½ years.

Hon. Okello Oryem the minister of state for international cooperation presented the state report. The report documented a wide number of aspects the government had put in place to ensure that Ugandans enjoyed unabated their fundamental rights and freedoms. It highlighted also the challenges/ gaps that the state met in fulfilling its international obligations. The report had a number of voluntary pledges and commitments that the state hopes to implement as a way of carrying on its mandate in order to improve the human rights situation on the ground.

At the interactive dialogue, different member states of the HRC to which Uganda is, raised concerns with regard to the human rights situation in Uganda. Specifically concern was over the continued clamp down by various security operatives of demonstrations; the fluid NGO operating environment that is characterized by the restrictive laws; the ever increasing corruption trends and how it hampers the realization of ESCR in Uganda; the situation of children and the continued harassment of persons with different sexual orientation.

HURINET-U and other stakeholders` under the UPR framework are pleased to note that the various concerns affecting Ugandans were among the issues raised by the various state parties. We thus commend the state parties who raised the issues for the need to have a commission of inquiry to determine the nature of the human rights abuses during the clamp down on demonstrations; the need to protect freedom of speech and other media freedom; the need to allow CSOs to operate freely without restrictive laws; the need to ensure administrative measures are taken to secure the rights of children; the need to curb corruption and to respect the rights of all Ugandans.

We call upon the government to diligently respond to the issues highlighted through the recommendations that it has reserved and to make informed consultations on the said recommendations in order for it to make positive pronouncements on them.

We further welcome the recommendations made to the government to extend an open invitation to the UN and other human rights special mechanisms to come to Uganda especially the special rapporteur on freedom of expression and too call upon the state to positively consider positively the request for visit by the special rapporteur on the rights to freedom of peaceful assembly & association

We urge the government to observe and implement the recommendations from the review through the proposed national action plan. We recognize the valuable recommendations made by HRC member states during the UPR interactive dialogue and appreciate the states` reaction to the accepted recommendations.

We welcome with due respect the recommendations for the establishment of an official, permanent and effective consultation mechanism with civil society organizations to address issues of human rights affecting Ugandans. We welcome the opportunity to cooperate with the government on how best the recommendations raised during the UPR review can be implemented and on the development of the national action plan.

We specifically call upon the state to implement all the voluntary pledges as presented during the review and to refrain from activities/ actions which are contrary to the state` s commitments made at the review. These voluntary commitments/pledges include;

1. Developing & implementing a national action plan on human rights issues;

2. Carrying out annual reviews of the human rights situation in the country & reporting as appropriate;

3. Establishing a Cabinet Sub- Committee to provide policy oversight & guidance on Human Rights issues;

4. Mainstreaming Human Rights issues in all aspects of governance;

5. Establishing an inter-ministerial technical committee to provide technical back up to the Cabinet Sub-committee;

6. Establishing a Human Rights desk under the Ministry of Justice & Constitutional Affairs to coordinate Human Rights issues at the national level. The mandate of the desk will be defined in consultation with the Uganda Human Rights Commission;

7. Establishing a focal point in Ministry of Foreign Affairs to provide coordination of stakeholders with the international community;

8. Designating focal points in each of the stakeholders to follow up and report on the implementation of Human Rights issues;

9. Inculcating Human Rights, voter education & civic education in the education curriculum of schools;

10. Mainstreaming Human Rights issues in the training curriculum of security agencies.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Conclusions and/ or recommendations to the state at the 12th session of the universal periodic review

2011-10-27T02:57:00.000-07:00

At its 12^th session on the universal periodic review, the Working Group of the Human Rights Council during the review of Uganda, adopted a number of recommendations that were made to Uganda totaling 171 to which 110 enjoyed the states` support, while 42 will be examined by the state which will provide responses in due time; and 19 recommendations did not enjoy its support.

The said recommendations are clustered as shown hereunder;

Clusters	Accepted	Reserved	Rejected	Cross cutting	Voluntary Pledges 1. Develop & implement a national action plan on human rights issues 2. Carry out annual review of the human rights situation in the country & report as appropriate 3. Establish a Cabinet Sub- Committee to provide policy oversight & guidance on HR issues 4. Mainstream HR issues in all aspects of governance 5. Establish an inter-ministerial technical committee to provide technical back up to the Cabinet Sub committee 6. Establish a HR desk under the MoJ&CA to coordinate HR issues at the national level. The mandate of the desk will be defined in consultation with the UHRC 7. Establish a focal point in MoFA to provide coordination of stakeholders with the international community 8. Designate focal points in each of the stakeholders to follow up 7 report on the implementation of HR issues 9. Inculcate HR, voter education & civic education in the education curriculum of schools 10. Mainstream HR issues in the training curriculum of security agencies.
Children	1. Integrate human rights in school curricula 2. Take administrative measures to ameliorate the situation of children 3. Strengthen long-term efforts to provide reintegration measures in order to provide all children who have been recruited or used in hostilities with child & gender sensitive multidisciplinary assistance for their physical & psychological recovery 4. Implement steps envisaged in the promotion rights of PWDs with special emphasis on equal opportunities for children with disabilities 5. Guarantee equal opportunities for minors with disabilities with a particular attention to albino children 6. Put in place stringent measures to ensure that children & youth are not recruited into abhorrent practices incompatible with Ugandan laws & cultures 7. Necessary measures to combat incidents of ritual killings of children 7 adults 7 ensure effective investigation & prosecution of these crimes 8. Take measures to protect children against all practices detrimental to their physical & moral integrity 9. Continue efforts to provide better protection for children including reviewing the juvenile justice system 10. Strengthen & further develop measures to ensure that all children born with in the national territory are registered 11. Ensure access to education for all & to improve the education standards to lay a firm foundation for its economic development 12. Integrate HR in sectorial strategies for education by guaranteeing the inclusion of modules on HR in the school curricula 13. Increase public expenditure on education & undertake additional efforts to improve the functioning of the education system in order to ensure quality education for all children 14. Continue to reinforce the development policy on primary education 15. Enforce more effectively the child labor & trafficking laws 16. Receive the assistance it requires in personnel & logistical resources, to develop the health sector in order to reduce child mortality rate	1. Introduce as a matter of urgency, comprehensive, efficient measures to prevent & combat the widespread economic exploitation of children, in line with its international commitments, notably ILO Conventions No. 138 7 182 2. Adopt a list of hazardous jobs for children		1. Integrate human rights instruments into domestic law 2. Harmonize domestic legislations 3. Ensure effective compliance with legislations regarding the most vulnerable groups 4. Build & strengthen national HR & democratic institutions 5. Ensure independence & capacity of UHRC 6. Establish a permanent institution to synchronize the implementation of recommendations, monitoring of performance & reporting 7. Enhance the status of the NAP of UPR follow up into a comprehensive national HR plan of action 8. Pursue a participatory process in the implementation of the NDP 9. Establish a specialized centralized mechanism for preparation of national human rights reports 10. Strengthen cooperation with the OHCHR 11. Enhance the separation of powers between the executive and judiciary 12. Accelerate the improvement of the judicial, police & prison systems in line with international HR standards 13. Undertake a thorough investigation of all alleged cases & hold the officers accountable who committed violent acts & ensure adequate compensation for victim 14. Broaden victim participation in court proceedings as well as ensure witness protection 15. Make the EC appointment process more consultative 16. Consolidate on-going actions to address the challenges of costly justice system, especially for the poor & rural areas 17. Continue efforts to protect the rights of marginalized & vulnerable population 18. Seek technical assistance with the view to strengthening its efforts in the area of HR 19.
Women	1. Put in place a comprehensive strategy to eliminate traditional practices & stereotypes 2. Take administrative measures to ameliorate the situation of women 3. Intensify the implementation of the NAP on women & of gender sensitive poverty reduction & development programs 4. Harmonize civil, religious & customary legislation with Art 16 & 16 of CEDAW 5. Laws & regulations are followed – up with adequate training & resources to ensure that the improved rights of women become a reality on the ground 6. Strengthen efforts to fulfill state obligations under CEDAW 7. Increase & strengthen the participation of women in designing & implementing local development plans & pay special attention to the needs of rural women 8. Fight all forms of discrimination faced by women with disabilities 9. Complete strict approach to FGM with awareness raising, prevention & education of concerned communities 10. Ensure the implementation of laws protecting women from violence, including sexual violence/ harassment 11. Adopt measures to harmonize the legal recognition of civil, political , economic & social rights between women & men 12. Investigate cases of gender violence & Provide legal & medical support to victims 13. Consolidate on-going actions to reduce maternal mortality, to improve life conditions of persons with disabilities 14. Ensure military personnel assigned to peace missions are provided with adequate training & clear guidance in relation to protection, rights & needs of women 15.	1. Consider acceding to the Optional Protocol to the CEDAW 2. Enact the marriage & divorce Bill 3. Amending & reforming other areas where women still face discrimination
Foe	1. Amend laws that are contrary to the state` s international obligation to respect, protect & promote FOE 2. Investigate & hold accountable police and security offices who attacked journalists during the 2011 post election period 3. Guarantee FOE, particularly the possibility to express criticism & opinion regarding acts of the government 4. End intimidation, threats & physical attacks on journalists & promote open reporting & commentary on issues of public concern 5. Repeal all provisions in the legislations that are contrary to the country` s international obligation with regards to respect, protection & promotion of the rights to FOE
ESCR	1. Introduce HRE to increase the awareness of people about all sets of HR 2. Incorporate the world program on HRE & training particularly its second step to national programs 3. Allocate more resources to HRE in areas that were under rebel control 4. Continue to implement strategies & socio-econ development plans to advance in the realization of the MDGs by 2015 5. Implement policies to support food production, access to credit & school meals programs linked to local food production 6. Advance in designing a health program allowing to tackle malaria, TB & HIV/AIDs 7 continuing decrease of child & maternal mortality rates & increase life expectancy 7. Maintain measures to reduce HIV/AIDs mainly through strategies of abstinence & fidelity as well as through better access to medicine for all people in need 8. Take steps to ensure that well functioning health information systems are in place which combine disaggregated data from facilities, administrative sources & surveys, to enable effective monitoring progress 9. Improve health indicators, particularly decrease maternal mortality rates which remain short of the 2015 MDG` s target 10. Create a health insurance scheme for the poor 11. Amend the laws to include protection for domestic service work	1. Increase access to sexual & reproductive health services by raising the health budget to 15 per Cent in line with the Abuja declaration
PWDs	1. MoH & MoGLSD should mainstream disability in their awareness raising campaigns to eliminate negative attitudes towards PWDs in health Centre's 2. Implement steps envisaged in the promotion rights of PWDs 3. Adopt measures to guarantee the rights of PWDs 4. Ensure the right to vote for PWDs in line with the CRPD 5. Consolidate on-going actions to reduce maternal mortality, to improve life conditions of persons with disabilities 6. Improve access for PWDs to education & health care with particular focus on children
LGBTI	1. Investigate & prosecute intimidation & attacks on LGBT community members & activists 2. Investigate thoroughly & sanction accordingly violence against lgbt including gay rights activists 3. Take immediate concrete steps to stop discrimination & assaults against LGBT persons		1. Publicly announce the shelving of the proposed bill on homosexuality and decriminalize homosexual behavior 2. Fulfill its obligations under international human rights law to decriminalize same- sex relationships between consenting adults & repeal any laws or reform that explicitly or implicitly discriminate on any grounds, including sexual orientation & gender identity 3. Repeal laws that discriminate against LGBTs and ensure the same rights for same sex couples as heterosexual couples 4. Immediately & unconditionally release all persons currently detained for the reason of homosexuality alone 5. Ensure that no person is subject to arbitrary arrest or detention because of their sexual orientation or gender identity 6. Derogate the legislation that criminalizes the LGBT community & put an end to the defamatory & harassing campaigns against them 7. Reconfirms its commitment to protecting the rights of all persons regardless of their sexual orientation or gender identity in anti-discrimination & equal opportunity legislation & bodies 8. Fulfill its obligation under international HR law & ensure the protection of all minorities & repeal any laws or reforms that explicitly or implicitly discriminate on any grounds, including sexual orientation, gender identity & gender expression
Ethnic Minorities	1. Pursuing accommodative dialogue with indigenous communities with a view to minimize disruptive approaches to their lifestyle & traditions while improving their life conditions 2. Continue to take legislative & administrative measures to improve the rights of BATWAS people
Transitional justice
Refugees & IDPs	1. Improve the life conditions of migrants & refugees 2. Continue addressing the issue of resettlement of IDPs including putting in place resources in provisions of basic services & infrastructure devt
Pastoralists		1. Align policies to ensure access to land & water for pastoralists with the African union framework on Pastoralism & conclude regional agreements to facilitate cross-boarder Pastoralism
Civil & Political	1. Protect right to assembly 2. Consistently apply the rulings of the court by converting all death sentences into life prison after 3 years on death row 3. Investigate HR violations by security forces including torture & other cruel, inhumane or degrading treatment & make public the findings 4. Establish a national prevention mechanism against torture 5. Eliminate safe houses 6. Improve overall conditions of prisons & adopt relevant measures to tackle the problems of overcrowding & supply of health care 7. Let decisions to grant or not to grant bail remain a prerogative of the judiciary 8. Train security forces to respect freedoms of expression & assembly 9. Take steps to put in place public order legislations which respect the right of assembly & demonstration while safe guarding citizen` s rights to protection & safety 10. Lift the ban on all forms of public assembly & demonstrations	1. Ratify the 2^nd optional protocol to the CCPR 2. Amend the constitution to abolish any constitutional provisions that provide for the death penalty 3. Ratify the optional protocol to the CAT & adopt national legislation accordingly 4. Brining to justice state officials guilty of torture or ill treatment 5. Pass the Anti torture Bill & hold accountable all those committing acts of torture 7 ensure timely & adequate compensation to all victims 6. The POM bill be brought in line with Uganda` s international HR obligations 7. Establish a de jure moratorium on executions, with a view to totally & definitively abolishing the death penalty, & commute all the death sentences into life imprisonment	1. Refrain from enacting the proposed POM Bill & fully guarantee the freedom of assembly
Transitional Justice
CSOs/ HRDs	1. Engage CSOs in the process of implementation of UPR recommendations 2. Further enhance the cooperation with CSOs in the promotion of HR 3. Allow NGOs & UHRC to have access to detention Centre's 4. Investigate & hold accountable police & security officers who attacked HRDs, journalists & civilians during the 2011 post election period 5. Investigate & prosecute all persons found guilty of extrajudicial killings & attacks on HRDs 6. Ensure that HRDs can perform their legitimate duties free from any harassment & intimidation in line with international standards including the UN Declaration on HRDs		1. Ease the heavy administrative burdens on NGOs, such as the yearly registration obligations 2. Simplify the NGO registration requirements & remove the NGO Board from the supervision of security organizations
International mechanisms		1. Ratify the optional protocol on CAT 2. Ratify the 2^nd optional protocol to the CCPR 3. Ratify the Optional protocol on CEDAW 4. Study the possibility to ratify the ICPED 5. Ratify the 1961 convention on the reduction of statelessness 6. Extend & issue and open standing invitation to all special procedures of the human rights council 7. Arrange for the visit of the special rapporteur on the promotion & protection of the right to freedom of opinion & expression as soon as possible 8. Consider positively the request for visit by the special rapporteur on the rights to freedom of peaceful assembly & association

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

CELEBRATING THE INTERNATIONAL RIGHT TO KNOW DAY IN UGANDA, 28TH 09, 2011

2011-09-18T06:16:00.000-07:00

Uganda will for the 4^th time join the rest of the world to celebrate the international Right to know Day on 28^th September, 2011. The right to know day aims at raising awareness of every individual's right of access to government-held information thus promoting transparency and accountability.

This year’s celebration will mark the 9^th international right to know day celebrations and Uganda will join the rest of the world to commemorate the day under the theme “Building on past successes toward effective ATIA implementation in Uganda”

Rationale

Since 1995 the right to access to information has been a subject of debate in the public arena in Uganda and different actors have sought the outcomes of the discourse. In 2005 the access to information Act was passed and it is envisioned to promote an efficient, effective, transparent and accountable government; to give effect to citizen’s fundamental right to access information from organs of the state (minus exempt information); to promote transparency and accountability in all organs of the state by providing timely, accessible and accurate information; and to empower people to effectively scrutinize and participate in government decisions that affects them

A public dialogue organized by the Coalition for the freedom of Information in collaboration with the Directorate of Information and National Guidance On the 28^th /September, 2010 elicited major commitments by key access to information implementation agencies. Consequently the Regulations to the Act were gazetted in 2011, some district information officers recruited, and a report on Access to information for in-mates incorporated in the Uganda Human Rights Commission Report, 2010.

Albeit the registered achievements in 2010, members of the general public remain uninformed as to the provisions of the law and the procedures they would need to follow to access information in government departments so as to further their work or to serve public interest purposes such as; combating corruption and empowerment of civil society to demand accountability from their leaders. In addition, the 20,000/= access fees introduced by the Access to Information Regulations, 2011is a hindrance to the enjoyment of the freedom of Information.

Dialogue’s Objective

The public dialogue will seek to bring together different access to information implementation actors to reflect on the past successes with a view of consolidating them toward better sectoral implementation of ATIA, 2005.

Target audience

The half day dialogue will bring together participants from government, parliament, civil society, media and the general public to reflect on ATIA implementation successes in 2010 and how they can be strengthened toward effective implementation.

Expected output

Commitment from the all stakeholders and key actors in the implementation process towards the full implementation of the ATIA.
Increased awareness among the members of the public on their right to information and how to demand for it.

Organizers

This year’s event is being organised by Uganda’s civil society under the national coalition of freedom of information (COFI) in collaboration with the Directorate of information and national guidance.

Venue

The dialogue will be held at Grand Imperial Hotel, on the 28^th Sept 2011.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Right to Know’ Day Frequently Asked Questions

2011-09-18T06:13:00.000-07:00

Right to Know’ Day Frequently Asked Questions

What is ‘Right to Know’ Day?

‘Right to Know’ Day celebrates, once a year, the right of individual access to information held by public bodies and marks the benefits of transparent, accessible government.

When is ‘Right to Know’ Day Celebrated?

‘Right to Know’ Day is celebrated every September 28th. It had its start on September 28, 2002, in Sofia, Bulgaria, at an international meeting of access advocates. They proposed that the date be dedicated to the promotion of access to information worldwide.

Where is ‘Right to Know’ Day Celebrated?

‘Right to Know’ Day is celebrated around the world. Over 60 countries have access to information legislation and more countries are in the process of developing such laws. Countries where ‘Right to Know’ Day has been commemorated include Argentina, Czech Republic, El Salvador, India, Jamaica, Latvia, Mexico, Sierra Leone, South Africa, Peru, Spain, Turkey, Uganda and the USA.

Who Celebrates ‘Right to Know’ Day?

Everyone has reason to celebrate ‘Right to Know’ Day. Active participants since 2002 have included citizen groups dedicated to democratic principles, students, media, academics, policy makers and governments.

Why Celebrate ‘Right to Know’ Day?

Access to information provides individuals with knowledge to address public issues scrutinize government and become active participants in the democratic process.
Access to information has revealed and clarified the basis for government decisions, disclosed environmental and health dangers and shed light on error, mismanagement and illegal activities.
Access to information has required improved records management, prompted routine disclosure to information, promoted the duty to assist the public and resulted in better government service and efficiencies.
Access to information requires vigilance. Beyond simply having access to information legislation there must be a commitment to a culture and spirit of openness. This includes staff and public awareness of access to information principles and appropriate resources for implementation.

There have been many successes as a result of access to information and there are improvements to consider.

How to Celebrate ‘Right to Know’ Day?

Read or write an article on access to information.
Host or attend a public forum to hear speakers on the subject.
Participate in a poster contest.
Have an open house at a government office, library, hospital or other location where access to information is practiced every day.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Review and Amendment of the NGO Registration Act: Ugandan NGO views needed

2011-07-12T04:47:00.000-07:00

Operating environment of NGOs in Uganda

NGOs play a critical role in the development of a country. In Uganda NGOs work in areas of service delivery, supplementing the government while others focus on advocacy with a general aim of improving the legal, policy and institutional framework of the country. The NGO sector in Uganda is among the biggest employer and tax payer thus having direct and indirect support to livelihoods and facilitating development. Despite their importance NGOs in Uganda face challenges from regulating agencies, laws and policies governing their regulation as well as internal NGO challenges.

It should be noted that countries world over have laws and policies to regulate NGOs, however the regulations/laws focus on enabling the NGOs do their work as opposed to limiting them, this is not the case as the NGO Act and the Regulation limit the work of NGOs as opposed to facilitating the carry out their mandate.

The NGO Act and the regulations have some provisions that limit or have a potential to limit the operation of NGOs in Uganda, this not only affects the NGOs or its staff, but has dire consequences on members of the community who benefit from the services provided by the NGOs. Below is a summary of the challenges brought about by the prevailing legal and policy framework and recommendations to improve them.

Summary of issues and challenges in the NGO Registration Act and the regulations made there under

1. Makes it a must for all NGOs to register thereby limiting the right to associate informally.

2. On top of registration, an NGO must have yearly permits, this limits the ability of NGOs to operate effectively since most projects cannot be achieved within a year and yet it is not a guarantee that the NGO will have its permit renewed. The applicability of this law is discriminatory since other associations do not require this permit in order for them to operate. It will also hinder the consistent flow of operations of NGOs which solely depend on donor funding and yet have to be given permission to operate.

Recommendation: Remove the requirement for mandatory registration, issuance of yearly permits since they contravene fundamental freedoms enshrined under Articles 29 of the constitution.

3. The NGO Act does not directly provide for a representative from the NGO fraternity on the NGO Board, the 10 representatives are likely to come from Government departments who may not be familiar with NGO concerns.

Recommendation: Representatives should be chosen from NGOs (at least 3) such that their interests and voice can be heard on the board.

4. The NGO Act restricts rural activity as it requires seven days notice in writing to the RDC before a national NGO makes direct contact with rural Uganda. This politicizes the process of decision making. It also affects planning and working for NGOs since project implementation will be dependent on the availability of the permit.

Recommendation: We recommend that the 7 days notice removed, and valid registration should be enough to enable the NGO operate in any part of the country.

5. The Act makes it a must for NGOs to cooperate with local councils in the area of operation yet according to the Constitution 1996 national development policy directives NGOs are supposed to be autonomous and independent.

Recommendation: The provision is unconstitutional and should be treated as such as it is against the spirit of Article 29 of the constitution. This provision should not be made mandatory but allow for involvement of community leaders where necessary because some NGOs work with clients who may prefer anonymity or privacy hence the presence or involvement of local leaders could jeopardize the delivery of services.

6. An NGO which is denied a right to register does not have clear channels to appeal; appeals have to be filed with the minister and not an independent court.

7. The Act provides no right to appeal in case of involuntary termination. The process of termination is carried out by the board which may lack the technical ability to terminate an NGO. This will bring key implications employees, debtors, donors and other partners of the NGO.

Recommendation: The Act should provide for an NGO which is not happy with the decision of the board to petition court for redress.

8. The Act and the regulations give powers to windup an NGO if it does not comply with the law or the conditions set out in the certificate of registration. The winding up by the board may not be able consider other important issues such as debts, employees and other liabilities of the NGO before it is wound up.

Recommendation Winding up should be made part of the Act instead of being regulations that are easily. Winding up of an NGO should be done by court. The law should provide for circumstances where the board can originate a winding up process (like it in the Companies Act). The winding up of an NGO should be on clearly set grounds including management of the assets and liabilities of the NGO before it is wound up.

9. The Act provides for the criminalization of an NGO and its directors or officers once an offence has been committed. This is an attempt to go beyond principles of common law with regard to a company/body which at law is a body corporate, and distinct from its members.

Recommendation: The law applicable to companies or a body corporate should apply and the corporate veil only lifted when circumstances permit as enshrined by common law.

Other concerns within the operating environment

10. A conflict between the NGO laws and the Companies Act. the companies act provides that an organization can be registered as on limited by guarantee (and not for profit) and such organization operates as an NGO. Many NGOs in Uganda because of the challenges in the previous laws were forced to register as private companies or as trustee. The 2006 amendment does not provide for transition. There have been cases where the NGO board has refused to register NGOs or issue permits because of the dual registration.

11. The existence for “quack”/brief case NGOs who have conned people of their money and resources hence motivating the state to increase scrutiny of NGOs.

The capacity of the NGO board should be increased to be able to detect such NGOs. NGOs should however be left to do self regulation and self monitoring. NGOs should adopt quality control measures to clear their “house”.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Forceful eviction of Nakawa-Naguru tenants

2011-07-12T04:05:00.000-07:00

HURINET-U is concerned of the forceful eviction of an estimated 1,760 families from Naguru-Nakawa Housing Estate by a combined force of KCCA law enforcement officers, the anti-riot police and regular police officers that commenced on Sunday night 3rd of July 2011.

International covenants like, Universal Declaration on Human Rights, International Covenant on Economic, social and cultural rights, international covenant on the rights of children, the Non description provision found in article 14 (2) (h), of the covention on the elimination of all forms of discrimination against women, and article 5 (e) of the international covenant on elimination of all forms of racial Discrimination, article 17 of the international covenant on civil and political rights , Article 16 of International Labour Organization (ILO), etc, oblige the state to refrain from, and protect its citizens against forced evictions from home(s) and land. Further under the Constitution of the Republic of Uganda, Article 26 and 27, states that ‘every person has a right to own property either individually or in association, and No person shall be compulsorily deprived of property or any interest in or right over property of any description. While we appreciate Government’s initiative to redevelop the dilapidated housing estate by a private developer (Opec Prime Properties Limited), HURINET-U is specifically concerned about;

Eviction being carried out without proper communication to the affected persons. Any decision relating to evictions should always be announced in writing in the local language to all individuals concerned, sufficiently in advance. The eviction notice should contain a detailed justification for the decision, including on: (a) absence of reasonable alternatives; (b) the full details of the proposed alternative; and (c) where no alternatives exist, all measures taken and foreseen to minimize the adverse effects of evictions. The above steps have been flouted for the case of the ongoing evictions.

• The timing of the eviction in the middle of the school term. Many children are likely to miss school affecting their right to education.

• The failure by the State to provide alternative accommodation for the affected persons.

• The lack of a clear compensation plan by government is a concern to HURINET-U.

• The unreasonable use of force that has been used in the evictions. Women and children have been greatly affected especially the school going children..

• The failure by the law enforcement officers to put in place mechanisms to protect property and possessions left behind involuntarily. The instance by Andrew Kiiza that no compensation shall be provided for the destroyed property is worrying.

HURINET –U would therefore recommend the following;

1. That the government immediately halts the evictions to prevent the likely suffering to the communities and families affected.

2. That government should consider alternatives to evictions in consultation with all the affected persons of communities in the area

4. That the government put in place adequate relocation and compensation plan that include comprehensive dialogue, consultation and involvement of the affected communities and in the meantime halt any development by the said investor in the area until the proper procedure of relocating the population is carried out.

5. That the government for the long term solution to evictions embark on a process of putting in place proper mechanisms to deal with evictions and start the process of formulation of evictions and resettlement guidelines for the country.

6. The government to ensure effective dissemination of relevant information in advance, including land records and proposed comprehensive resettlement plans specifically addressing efforts to protect vulnerable groups which has not been the case for the Naguru-Nakawa evictions;

7. That the Government to ensure that that evicted persons, especially those who are unable to provide for themselves, have safe and secure access to: (a) essential food, potable water and sanitation; (b) basic shelter and housing; (c) appropriate clothing; (d) essential medical services; (e) livelihood sources; (f) education for children

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Coordinating Ugandan CSOs to participate in the Universal Periodic Review Mechanism

2011-06-26T23:12:00.000-07:00

Human Rights Network-Uganda (HURINET-U) is coordinating CSOs as stakeholders under the Universal Periodic Review Stakeholders` Engagement (UPRSE) to meaningfully engage with the upcoming Universal Periodic Review (UPR) for Uganda.

The Universal Periodic Review is a new state-led mechanism, under the auspices of the Human Rights Council (HRC), whereby all 192 UN member states will be reviewed periodically, initially every 4 years on their human rights records. The UPR is perhaps the single most important innovation in the new UN human rights machinery, and has the potential to provide a meaningful response to complaints about selectivity that tainted the previous Commission on Human Rights. It was established through UN General Assembly resolution 60 / 251 in 2006. The opening set of reviews occurred in 2008. The Government of Uganda (GoU) faces its first review in 2011.

The UPR’s basis for assessment is three documents, which will be marked against the GoU’s human rights obligations and commitments: (1) a 20 page report submitted by the GoU, (2) a 10 page compilation prepared by the OHCHR detailing information from the UN human rights system for example reports of treaty bodies and special Rapporteur and (3) a 10 page summary put together by the OHCHR of information submitted by stakeholders for example Civil Society Organisations (CSOs).

To this end over fourteen (14) reports from local and national CSOs based Uganda have been submitted to the OHCHR in Geneva for consideration during the review of Uganda.

The review will take place in Geneva and will entail a three hour long interactive dialogue session between the GoU and other UN member states. It will be facilitated by three Rapporteurs (the troika). Stakeholders can attend, but they cannot partake in the dialogue. Following the dialogue session, an outcome report will be adopted at a plenary session of the Human Rights Council (HRC), stakeholders in attendance can comment on the review’s outcome during this session. The outcome report will include recommendations made by UN member states and it will be the GoU’s responsibility to implement these recommendations. CSOs can also complement the State in implementing some of the recommendations.

TWELFTH SESSION OF THE WORKING GROUP - TROIKAS

(3-14 October 2011)

STATE UNDER REVIEW (In the order of review)	TROIKA
TAJIKISTAN	MAURITIUS	THAILAND	COSTA RICA
UNITED REPUBLIC OF TANZANIA	RUSSIAN FEDERATION	MALAYSIA	BENIN
ANTIGUA AND BARBUDA	ECUADOR	MAURITANIA	INDIA
SWAZILAND	SWITZERLAND	HUNGARY	CAMEROON
TRINIDAD AND TOBAGO	PHILIPPINES	UNITED STATES OF AMERICA	PERU
THAILAND	CUBA	INDONESIA	NIGERIA
IRELAND	BANGLADESH	ITALY	REPUBLIC OF MOLDOVA
TOGO	POLAND	BOTSWANA	KUWAIT
SYRIAN ARAB REPUBLIC	MEXICO	SAUDI ARABIA	DJIBOUTI
VENEZUELA	GUATEMALA	BURKINA FASO	CZECH REPUBLIC
ICELAND	ANGOLA	JORDAN	AUSTRIA
ZIMBABWE	CHINA	SPAIN	SENEGAL
LITHUANIA	NORWAY	QATAR	CONGO
UGANDA	NIGERIA	MALDIVES	URUGUAY
TIMOR LESTE	ROMANIA	JORDAN	CHILE
REPUBLIC OF MOLDOVA	MAURITIUS	HUNGARY	KYRGYZSTAN
HAITI	BELGIUM	BURKINA FASO	MEXICO

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Joint letter to the President from civil society on the importance of conducting an independent investigation into killings during the recent protests

2011-06-17T05:12:00.000-07:00

Your Excellency, We, 105 Ugandan and international non-governmental organizations and unions, write to urge the Ugandan government to promptly set up an impartial, independent, and transparent process to investigate human rights abuses during the recent “Walk to Work” protests and hold accountable anyone found responsible for criminal acts particularly incidents in which people were killed or wounded. As Uganda actively participates in various international mechanisms and is committed to rule of law, we also encourage the government to draw on international expertise and invite relevant United Nations special rapportuers to visit Uganda.

We welcome that in your statement to the nation on May 17, 2011, you referred to the death of two-year-old Julian Nalwanga in Masaka as a result of shooting by police as a “criminal killing.” There is ample evidence that at least 8 other killings in April warrant timely and transparent criminal investigations.

Police have put significant resources into investigations of alleged acts of looting, arson and destruction of property by protestors and arrested hundreds of people for unlawful assembly. We ask that government work to ensure that equal efforts are extended to investigations and appropriate criminal prosecutions of security forces who used live ammunition and killed Ugandan citizens without legal justification. Little effort has gone into an examination of the decision by the security forces to resort to live ammunition in Masaka, Gulu and various areas of Kampala in April. We applaud the arrest of the policeman in Masaka and hope he will be given a fair trial before civilian courts, but we remain concerned that no meaningful actions are being taken in several other incidents, particularly those allegedly involving military and military police.

Alleged misuses of lethal force are incompatible with Uganda’s duty to respect the right to life, the responsibility to protect and violate international standards. The Ugandan government has international obligations, including those under the International Covenant on Civil and Political Rights, to investigate all police and military actions that allegedly violate basic rights and hold perpetrators of violations to account. International law to which Uganda is a party provides that exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any derogation from the right to life and security of the person.

In September 2009, at least 40 people were killed when government forces responded with live ammunition to protests and demonstrations regarding the movements of the Kabaka. Hundreds of people were arrested and charged with a range of crimes for participation in those demonstrations. Despite multiple commitments from parliament and police to investigate the killings, no action has taken place. This uneven implementation of the rule of law undermines Uganda’s commitment to justice and perpetuates a sense that criminal accountability is political rather than based on equal respect for all.

Uganda is a current member of the United Nations Human Rights Council. In this connection, we urge the Ugandan government to engage with the council’s reporting systems, particularly to cooperate fully with the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on freedom of opinion and expression. The Ugandan government should immediately extend an invitation to these experts so that they may investigate any abuses that may have occurred that are covered by their mandate. This would not be unprecedented. Shortly after you took power in 1986, your government extended an invitation and hosted the Special Rapporteur on extrajudicial, summary or arbitrary executions.

Beyond inviting these experts now, Uganda should issue a standing invitation to all the special rapportuers and the UN working groups to visit Uganda. Some 80 countries have now extended such a standing invitation including Ghana, South Africa, Sierra Leone, Zambia and Guinea Bissau.

In summary, we urge you to act quickly to:

Establish an impartial, independent, and transparent process to investigate human rights abuses, particularly incidents in which people were killed, during the recent unrest in April and May and hold accountable those found responsible for criminal acts.

Invite the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, and the UN Special Rapporteur on freedom of opinion and expression to come to Uganda and issue standing invitations to all rapportuers.

The Ugandan government should show its commitment to justice by using all legal mechanisms at its disposal to investigate these killings by security forces and ensure accountability.

We look forward to your attention and prompt response to these matters of concern.

Sincerely,

The Ugandan NGO, Individual, and Union Sign Ons:

1. Human Rights Network (HURINET-U), Kampala

2. National NGO Forum, Kampala

3. Foundation for Human Rights Initiative (FHRI), Kampala

4. MAYANK Anti-Corruption Coalition, Moyo, Adjumani, Yumbe, Arua, Nebbi and Koboko

5. Human Rights Focus (HURIFO), Gulu

6. Uganda Youth Network, Kampala

7. African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN), Kampala

8. Stella Mukasa, Kampala

9. Pallisa Civil Society Organizations' Network (PACONET), Pallisa

10. East and Horn of Africa Human Rights Defenders Project, Kampala

11. Livelihoods Improvement Programme (LIPRO) Uganda

12. Rushenyi Youths Peace for Nature, Ntungamo

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Bushenyi District stadium contracts information case up for hearing

2011-06-09T05:40:00.000-07:00

Above: The Bushenyi District Stadium

HURINET-U in her continued litigation support to CSOs on access to public information facilitated Western Ankole CSO Forum to commence legal action against the Bushenyi District Local Government Chief Administrative Officer for failure to disclose copies of documents containing information relating to contracts executed for the development of Bushenyi District stadium.

It should be noted that on the 6^th /July/2010 West Ankole CSO Forum (then Bushenyi District CSO Forum) wrote to the CAO requesting him to provide copies of the documents containing information relating to;

Contracts executed for the development of Bushenyi District stadium

Bills of quantities in relation to stadium development

Architectural plans for the stadium project

Certificates provided by the contractor

Details of payments so far made

Status reports of developments thus far

The CAO ignored the request and thus refused to provide the above information and this violates the provisions of the Access to Information, 2005 and frustrates the efforts of the CSO to promote accountability for the scarce resources drawn from tax payers.

To date, 45 days have elapsed since the CAO was served with a notice of intention to sue regarding denied access to the stated information. In view of that HURINET-U has supported Western Ankole CSO Forum to seek legal redress from the Bushenyi Chief Magistrates court on the 14^th/July/2011. The case will be presided over by the same magistrate who provided judgment for the Oil Production Sharing Agreements case in the Nakawa chief Magistrates Court on 3/2/2010. Though the first hearing was set for 4/June/2011, the chief Magistrate was not in court and thus the hearing was postponed to 14th/ July/11.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Operating environment of NGOs in Uganda

2011-06-09T05:24:00.000-07:00

HURINET-U joined other Ugandan Civil Society Organizations in a fair showcasing their contributions to Uganda’s development. A session convened by HURINET-U on 7^th/June/2011 underscored the legal and policy framework for the operation of CSOs and NGOs in Uganda with reflection on challenges and prospects. This was done in reference to the provisions of the NGO Registration Act, 2006 and the regulations made there under.

Summary of issues and challenges in the NGO Registration Act and the regulations made there under

1. 1.It makes it a must for all NGOs to register thereby limiting the right to associate formally.

2. On top of registration, an NGO must have yearly permits and this limits the ability of NGOs to operate effectively since most projects cannot be achieved within a year and yet it is not a guarantee that the NGO will have the permit renewed. The applicability of this law is thus discriminatory since other associations do not require this permit in order for them to operate. It will also hinder the consistent flow of operations of NGOs which solely depend on donor funding and yet have to be given permission to operate

Recommendation

The NGO board should remove the requirement for mandatory registration, issuance of yearly permits since they contravene fundamental freedoms enshrined under Article 29 of the constitution.

3.2. The NGO Act does not directly provide for a representative from the NGO fraternity on the NGO Board, the 10 representatives are likely to come from Government departments who may not be familiar with NGO concerns.

Recommendation

At least three representatives should be chosen from NGOs such that their interests and voice can be heard on the board

4.3. The NGO Act restricts rural activity as it requires seven days notice in writing to the Regional Resident Commissioner (RDC) before a national NGO makes direst contact with rural Uganda. This politicizes the process of decision making. It also affects planning and working for NGOs since project implementation will be dependent on the availability of the permit.

Recommendation

We recommend that the 7days notice be removed, and valid registration should be enough to enable the NGOs operate in any part of the country.

5.4. The Act makes it mandatory for NGOs to cooperate with local councils in the area of operation and yet according to the constitution and 1996 national development policy directives NGOs are supposed to be autonomous and independent.

Recommendation

The provision is unconstitutional and should be treated as such as it is against the spirit of Article 29 of the Constitution. This provision should not be made mandatory but allow for involvement of community leaders where necessary because some NGOs work with clients who may prefer anonymity or privacy thus the presence or involvement of local leaders could jeopardize the delivery of services

6. 5.An NGO which is denied a right to register does not have clear channels to appeal; appeals have to be filed with the minister and not an independent court.

7.6.The Act provides no right to appeal in case of involuntary termination. The process of termination is carried out by the board which may lack the technical ability to terminate an NGO. This will bring key implications to employees, debtors, donors, and other partners of the NGOs.

Recommendation

The Act should provide for an NGO which is not happy with the decision of the board to petition court for redress

8. 7.The Act and the Regulations give powers to wind up an NGO if it does not comply with the law or the conditions set out in the certificate of registration. The winding up of the board may not be able to consider other important issues such as debts, employees and other liabilities of the NGO before it wound up.

Recommendation

Winding up should made part of the Act instead of only being reflected in the regulations. Winding up of an NGO should be done by court. The law should provide for circumstances where the board can originate a winding up process (like it is in the Companies Act). The winding up of an NGO should be on clearly set grounds including management of the assets and liabilities of the NGO before it is wound up.

9. 8. The Act provides for the criminalization of an NGO and its directors or officers once an offence has been committed. This is an attempt to go beyond principles of common law with regard to a company / body which by law is a body corporate, and distinct from its members

Recommendation

The law applicable to companies or a body corporate should apply and the corporate veil only be lifted when circumstances permit as enshrined by common law.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

OPEN LETTER TO THE INSPECTOR GENERAL OF THE UGANDA POLICE FORCE

2011-05-20T02:31:00.000-07:00

19th /May/201

OPEN LETTER TO THE INSPECTOR GENERAL OF THE UGANDA POLICE FORCE

HUMAN RIGHTS CONCERNS OVER THE PUBLICATION OF PHOTOGRAPHS OF ‘RIOTIOUS’ SUSPECTS IN NEWSPAPERS

Dear Sir, _ HURINET-U fully appreciates the daunting challenges of the Uganda Police Force in fulfillment of its mandate under Article 212 of the Constitution of the Republic of Uganda of preventing crime, protection of the people of Uganda and their property and generally maintaining law and order in the country especially in the past one month that has been marred by violence including loss of lives; we are however concerned that in some regard the police is proceeding in a manner that is inconsistent with the tenets of our constitution.

On the 19ththMay 2011 the New vision, the Daily Monitor, Bukedde and the Observer newspapers published photos under the title “Uganda police force, police appeal, wanted persons” signed on 17May 2011 by Nabakooba Judith For Inspector general of the police. The published photos included suspected rioters and a call for the public to help provide information that can lead to their arrest.

HURINET-U is cognizant of and fully appreciates the need to identify, arrest and prosecute the perpetrators of violence and property destruction during the riots following the Walk to Work campaign;

HURINET-U is however concerned about the general human rights and social harmony implications over the ongoing publication of photos of people believed to have taken part in the demonstrations of the Walk to Work Campaign in the past one month as appearing in the various daily newspapers. HURINET-U is concerned about the mode being employed to carry out this task, aspects of which are in contradiction with various

provisions of Uganda’s celebrated Constitution. In particular HURINET-U has observed and is concerned that;

1. The photos bear accompanying statements which intimate that the wanted persons are not suspects but rather are already adjudged criminals for the crimes of attempted murder, malicious damage to property, theft, threatening violence, obstruction of traffic and causing grievous harm;

a. This is in contradiction with Article 28(3) (a) of the Constitution of the Republic of Uganda which provides that: ‘every person is presumed to be innocent until he or she is proven guilty or pleads guilty.’

b. It further contradicts Article 28 (1) of the Constitution of the Republic of Uganda which provides that: ‘In the determination of civil rights obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.’ By presenting the ‘suspects’ as ‘ring leaders…for the offences..’ mentioned above, this intimates that they have not been subjected to an independent tribunal but rather have been judged already by the Uganda Police Force.

c. Additionally, this act is in contradiction with the cardinal principle of separation of powers between the Judiciary, the Parliament and the Executive as a democratic principle central to good governance. Presenting the suspects as convicted criminals is tantamount to the usurpation of powers of the courts of law to determine cases. This act defeats Article 126 (1) of the Constitution of Uganda which provides that ‘Judicial power is derived from the people and shall be exercised by the courts…’

2. The photographs being published were taken by journalists in execution of their duty, as an oversight institution to provide information to the public concerning the Walk to Work demonstrations. Whereas there is nothing wrong per se in using these photographs especially if laws governing copyright have been adhered

•HURINET-U is concerned this ‘blanket’ use of these photos puts the media in harm’s way by way of retaliation by the public against them in case of any reoccurrence of such demonstrations. This does not enhance social harmony but will only serve to place the media fraternity, especially the visual-camera crews in

further confrontation with the public thus increasing their risk profile as human rights defenders.

3. Some of the photos published are evidently of children (below 18 years);

•This is in contradiction with the principles that govern children in conflict with the law whose sole aim should not be to castigate publicly but rather geared towards reformation of the child as enshrined in the Children’s Act and the International Convention on the Rights of a Child under Articles 37 and 40 to which Uganda is party.

4. The publications are likely to promote mob justice against persons/suspects whose photos appear in the papers. This is likely to lead to violations of the right to life and torture cruel and inhuman treatment guaranteed under articles 22 and 24 of the constitution of Uganda.

A CALL TO ADHERE TO NORMS OF CONSTITUTIONALISM AMIDST CHALLENGING TIMES

Consequently, HURINET-U calls upon the Uganda Police Force to;

1. Adhere to the constitutionally mandated guarantees available to suspected criminals such as the presumption of innocence of every suspect until proven guilty as they seek to enforce law and order amidst the pressure and various forces that be.

2. Stop forthwith the publication of photos of suspected rioters and giving an impression that they have already been adjudged as such. The Uganda Police Force should use other means of investigating and arresting suspects.

3. Investigate and prosecute members of the public who committed crimes during the demonstrations and the various security agents that have acted outside their mandate and have since perpetrated crimes against unarmed civilians leading to injuries and in some circumstances death. The quest to wipe out impunity should not be seen to be one sided rather should be all encompassing to ensure that all transgressors of the law whether civilians or security agents are prosecuted according to the various laws governing Uganda.

HURINET-U implores you and the men and women that serve under the Uganda Police Force to remember that the Uganda Police Force’s measure lies not in pleasing the powers that be but in its ability to remain civilian-oriented, nationalistic, patriotic, disciplined, competent, professional and non-partisan men and women of honour amidst enormous challenges and trying times.

HUMAN RIGHTS NETWORK-UGANDA

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

SOLIDALITY WITH THE UGANDA LAW SOCIETY IN A SIT DOWN STRIKE....

2011-05-04T08:31:00.000-07:00

4/MAY/2011

HURINET-U SOLIDARITY STATEMENT IN RELATION TO THE UGANDA LAW SOCIETY SIT DOWN STRIKE.

Following the ongoing and persistent human rights violations by the state and security agencies, including, shooting and killing of innocent people, teargas and all other human rights violations that have been witnessed by Ugandans in the last three weeks; and governments failure to address the issues.

And the deteriorating human rights situation in Uganda and the continued abuse by the state of the rule of law, violating and usurping the powers of the judiciary coupled with the high level of social injustice being meted upon ordinary citizens, HURINET-U and its membership would like to join in solidarity with the Uganda law society in protesting these developments. Subsequently, for the next two days running from 5th -6th may 2011 we will remain closed and call the state to address the issues raised by the Uganda law society in a petition presented to the chief justice today 3rd 2011 at the high court, and the other CSOs including HURINET-U in the last two weeks.

In that regard, we as civil society organizations wish to join the Uganda Law Society in laying down tools and close offices for the next two days in solidarity with all Ugandans concerned about the deteriorating human rights situation and rule of law in the country as well as those who have lost their dear ones and properties.

FOR MORE INFORMATION, CONTACT; P.O.Box 21265 Plot 94 Old Kiira Road Ntinda, Tel+ 256 414 286 923/285 362, Fax 256 14 286 881, Email: data@hurinet.or.ug , hurinet@gmail.com Website: www.hurinet.or.ug

Celebrating the world press freedom day-3/MAY

2011-05-02T22:17:00.000-07:00

By Thomas Pere

Today Uganda joins the rest of the world in celebrating the world press freedom day. This day was declared 20 years ago by the United Nations General Assembly to raise awareness of the importance of freedom of the press.

Mohammad Ndifuna, the Chief Executive officer Human Rights Network (HURINET) says, “We recognize the fact that the fundamental principles of press freedom have continually come under threat and the need to defend the media from attacks on their independence. We pay tribute to journalists who have lost their lives and limbs in the exercise of this noble profession.”

He says, “The role of media in society today is undeniable including its contribution to development in Uganda. It plays an important role by speaking boldly against wrong and giving a voice to the vulnerable and voiceless people.”

The media he says is considered to be the 4th pillar of society which plays an important role in the welfare of society such as: a source of information, education and entertainment. Besides being a mirror of the society, it also accommodates the world in to a single village which is saturated of media-information.

Ndifuna says the 1995 Constitution of Uganda under Article 29 protects freedom of conscience, expression, movement, religion, assembly and association. The freedom of expression and of the press, should be firmly upheld by all actors for its enjoyment by journalists and the general citizenry; and the government has the sole responsibility to protect, and show its commitment to respect press freedom.

This day serves as an occasion to inform the public of challenges faced in exercising press freedom and reminds us of the continued violation of media freedom in Uganda. These infringement are characterized by censoring publications, suspending and in remote instances threatening to close down media outlets, threats to life and limbs of journalists, editors and publisher who critical to government.

“As we celebrate, we take cognizance of this year`s theme; 21st Century; new frontiers, new barriers. The potential of the new media and digital platforms as well as the more established forms of journalism in contributing to freedom of expression, democratic governance, and sustainable development should be respected and accorded to the citizenry without restriction by the state,” says Ndifuna.

The Uganda constitution and other international human rights instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political guarantees press freedom as well as laws made for regulation of the media has greatly influenced media development in the country.

Ndifuna says, “We call upon the state and all practitioners to embrace the benefits brought by the new media forums which have empowered citizens to access information, express themselves, and participate in public debate more than ever. The arrival of the digital revolution in Uganda especially the evolution of the Internet, the emergence of new forms of media, and the rise of online social networks has reshaped the media landscape of ‘Uganda press’.”

We also recognize the challenges coming with new technology that brings with it new platforms for media including piracy, possibility of propaganda and hate speech among others. The challenges come with the need for policies and laws to regulate the media generally.

However we note that the regulations should be what is acceptable in a free and democratic society. On this we recommend that the government of Uganda to refrain from passing laws that undermine media freedom.

Specifically we call upon the government to withdraw and review the Press and Journalists Act amendment bill and to amend laws limiting media freedom including sections of the NGO Act, the Penal Code Act, and the Anti Terrorism Act, among others.

It’s unfortunate the media here is faced with various challenges and controls from state and non state actors who limit free media. These range from arbitrary arrest of media practitioners, sometimes charging them with clamped up charges and closure of media outlets without giving them a chance to be heard.

The recent ones are the excesses by the Broadcasting Council, the Communications Commission and state agencies including the ordering for blockage of social networks Face book and Twitter; and ordering radio and TV stations to stop live coverage of demonstrations. The same period has witnessed increased army and police beating and arrest of media practitioners during their work, these events are indicative of narrowing space of media freedom in Uganda.

“In conclusion we call upon the state, state agents and non state actors including individuals in Uganda to exercise restraint and work for the promotion of media freedom. Media freedom should be viewed as a tool to promoting a democratic and accountable society as opposed to being looked at as a tool used by those against the state,” says Ndifuna.

Above: Robert Kiggundu a freelance journalist died last year having been beaten up by motor bike riders (source:The London Evening Post)

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