The Ugandan Government that passed a draconian law on homosexuality is now sodomising suspects: Activists petition UHRC over claims of police sodomising suspects

 

Activists petition UHRC over claims of police sodomising suspects

https://observer.ug/index.php/news/headlines/82008-activists-petition-uhrc-over-claims-of-police-sodomising-suspects 

July 31, 2024

Written by URN

A section of human rights activists has petitioned the Uganda Human Rights Commission (UHRC) over suspects who were allegedly sodomised whilst in police custody following their arrest during the anti-corruption protests.

The allegations first emerged when activist and cartoonist Jim Spire Ssentongo shared a post on X (formerly Twitter), claiming that some protesters who had been released reported being sodomized and physically assaulted by police officers during their detention last week. 

These claims have sparked outrage on social media, with many Ugandans calling for an independent investigation and accountability for the perpetrators. However, police spokesperson Kituuma Rusoke dismissed the claims as false and unfounded. Addressing journalists at Naguru police headquarters, Rusoke appealed to the alleged victims to report the matter to the police for investigation.

 

"We call upon those who say they are victims to come out and report to us, instead of talking on social media. But no one has reached out to the police on this matter," Rusoke noted.

Alex Luswa Luwemba, a human rights activist and lawyer, told URN that most of the sodomized individuals were those not presented in court on Tuesday and Wednesday last week.

"Not all individuals arrested during the protests were presented in court on the same day. Some were detained in police cells overnight without their families or lawyers being granted access to them. These are the people who were victimized," Luwemba explained.

Tomas Bagonza, another activist from New Chapter Uganda, stated that the allegations of sodomy in police cells are among the top concerns they have brought before UHRC through a petition calling for a thorough investigation and appropriate action.

"If the police spokesperson is seeking evidence, he should be patient and await its presentation. We have already submitted our evidence to the Uganda Human Rights Commission. Although we anticipate the commission might not take action, we are prepared to escalate our concerns to the High Court and other international human rights organizations to ensure this issue is addressed,” Bagonza noted.

Several Ugandans have been arrested in recent days for participating in anti-corruption protests, which the police have deemed illegal. On Wednesday, over 50 protesters were remanded for their participation in the protests.

When the Uganda Judiciary promotes the neo-liberal dictator by oppressing the poor: Human rights dons, lawyers slam Ugandan courts, chief justice over independence: Judiciary is slipping away from being a bastion of justice

 

Chief justice Owiny-Dollo

Judiciary is slipping away from being a bastion of justice

https://observer.ug/index.php/viewpoint/82018-judiciary-is-slipping-away-from-being-a-bastion-of-justice 

 

July 31, 2024

 Written by Editorial

 

The Ugandan judiciary is increasingly perceived as a tool of state oppression rather than an impartial arbiter of justice.

In the recent past, it has been observed that magistrates are exploiting their power to impose harsh bail conditions and remand suspects such as protesters, transforming the legal system into a mechanism for punishing dissent. This blatant manipulation of the law undermines the very principles of fairness and impartiality that the judiciary is meant to uphold as enshrined in the Constitution.

Instead of protecting the rights of citizens, the courts appear to be rubber-stamping state injustices, eroding public trust and highlighting a troubling trend towards judicial partiality and state capture. The law is being brazenly weaponized against the people, with the scales of justice tipping firmly in favour of the ruling authorities.

For instance, the state makes a choice between taking the suspects into police custody or rushing them to court with trumped-up charges. It is easier to get a police bond but harder to secure bail at court. The purpose of taking suspects to court is not to accord them fair trial but find a way of punishing them before trial and to appear as if the law is followed.

The principle of presumption of innocence which is a cardinal doctrine in our Constitution seems abstract in the minds of magistrates. This erosion of judicial independence is a grave threat to democracy in Uganda.

A robust, independent judiciary is the cornerstone of a free society, providing a critical check on the power of the executive and legislative branches. When the courts become subservient to political interests, it gives the government free rein to trample on the fundamental freedoms of the people.

The imposition of harsh bail conditions and the arbitrary detention of protesters without due process are clear violations of human rights. These tactics are designed to chill dissent and stifle the legitimate expression of grievances. They strike at the heart of the democratic principles that Uganda claims to uphold.

The Ugandan government must take immediate steps to restore the integrity of the judiciary and reaffirm its commitment to the rule of law. This will require a complete overhaul of the judicial appointment process, the implementation of robust mechanisms to safeguard judicial independence, and the prosecution of any magistrates who have abused their power for political ends.

 Failure to address this crisis will only deepen the public’s mistrust in the legal system and further erode the foundations of Uganda’s democracy. The people deserve a judiciary that is truly independent, impartial, and dedicated to the pursuit of justice for all. Anything less is a betrayal of the nation’s democratic ideals.

Human rights dons, lawyers slam Ugandan courts, chief justice over independence

https://observer.ug/index.php/news/headlines/82046-human-rights-dons-slam-ugandan-courts-chief-justice 

August 2, 2024

 Written by URN

Uganda's leading constitutional and human rights lawyers have launched scathing attacks on the judiciary and chief justice, Alfonse Chigamoy Owiny-Dollo, demanding a return to the rule of law and constitutionalism.  

Dr Busingye Kabumba, Dr Adrian Juuko, and George Musisi say the judiciary, and in particular chief justice Owiny-Dollo has been salient amidst what they termed as judicial impunity. The lawyers' anger stems from the way courts have handled cases related to the recent arrest, remand, and bail applications of anti-corruption protestors.

The lawyers join the public chorus that the judiciary of Uganda has turned an accomplice with the state authorities in serious violations against human rights. Saturday Monitor over the weekend published a screaming headline titled “Judiciary on trial”. The newspaper criticized the courts for entertaining defective charge sheets, demanding stringent bail conditions, and accused the judiciary of silent dissent instead of upholding the rule of law and constitutionalism.

The judiciary later stated in response that its role is not to descend into the arena of disputes but rather wait for the matters that are filed before the courts for determination.

“The criminal justice system involves, among others reading charges to the accused, consideration of bail which may or not be granted. These are judicial processes that are handled with judicial discretion,” read part of the statement as the Judiciary promised to follow due process in line with the law

However, constitutional lawyer and Makerere Law School Don Busingye rubbished the judiciary’s statement and stated that the courts have become transitional centres to transfer suspects arrested from the streets to prison. 

“You know once the police officer and the DPP say this person is accused of being a common nuisance, it’s the judge’s or the magistrate’s role simply to process your papers and you are sent to prison. Is there no role for the judiciary in that instance?” asked Kabumba.

 

Busingye was one of the speakers at X Spaces where the issue of judiciary independence was discussed. He said judicial independence and immunity while important; do not mean or include judicial impunity. Busingye insists that what Uganda has now is a judiciary on trial.

“A judiciary that stands exposed, with chief justice who is silent, basically a third arm of government that is not acting in the way it is supposed to be,” said Busingye. 

Busingye and the Uganda Law Society (ULS) president, Bernard Oundo have been part of the protracted struggle to secure bail for the peaceful demonstrators who demanded the resignation of the speaker of parliament Annet Anita Among. The two lawyers and others have criticized the courts for stringent measures for bail applicants and their sureties. Some of those measures have ensured that the suspects remained on remand even when they were entitled to bail. 

Oundo stated that bail is not designed as an income-generating activity to which bail applications are made. Oundo restated a ruling by justice Rosette Comfort Kania, “What is pertinent about sureties is that there must be an indication that they have been advised of their roles as sureties, that they have identified themselves properly, and have proved and shown their authoritative relationship in respect to the applicant. Showing that they are able to exercise their authority and command the appearance of the applicant in court when needed.” 

Human rights lawyer, George Musisi, also managing partner at PACE Advocates also criticized the courts on the way they have handled bail applications. He says the impunity in the judiciary has been going on because some authoritative voices keep quiet. He said while there is no political case unit taught at law schools, the courts in Uganda have invented what he describes as a political case.

“You find that those cases which are deemed political are hot potatoes to touch. It becomes even harder to handle these cases.”  

Musisi said he has witnessed some judicial officers demanding what he described as extralegal requirements during bail applications yet they are not anchored anywhere in the law. 

“You reach a court and a judicial office tells you our practice here is this. When the practice is not anchored in the law," he said. 

"The issue of sureties, you find court saying sureties are not from the jurisdiction despite court pronouncements including High court pronouncements that sureties don't necessarily have to come [from the same jurisdiction]. They can come from any part of Uganda. Then one time the state attorney said you know we're supposed to verify the location of the accused person whether the LC of the accused person indeed comes from there. Then I said but the charge sheet describes him as coming from there. Do you doubt your own charge sheet? Which parts do you believe and which parts don't you believe?"

The most recent of such incidents was on Tuesday when the magistrate denied bail to Aljab Musinguzi a resident of Nakawa Division because the introduction letter from the LC I chairperson was different from his area of residence yet the sureties of the applicants had been identified.

Chief justice Owiny-Dollo

Kabumba says that under Article 23(6) of the constitution, there is a right to apply for bail, and the law provides that one can be released under the conditions that the court sets. 

"But does not take away from the fundamental premise that every accused person has a fundamental right to bail. Which is routed from the presumption of innocence. You are presumed innocent until proven guilty. You are presumed innocent until proven guilty or until you plead guilty. What is happening in Uganda is that the judiciary seems to be applying the presumption of guilt. Even from the moment of the arrest, there seems to be a general presumption within the judiciary that you are presumed guilty. Once you are charged and the charges are sanctioned, it is even worse," he said.   

He said there are so many constraints that the judicial officers are pacing t the right to liberty.

“The idea that your surety must be a substantial person. What is this? It is steeped in colonialism. Who is a substantial person? The idea is that you must bring a letter of introduction from your employer. What if I am self-employed but the accused person is my son or daughter? It is steeped in the colonial mindset,” said Busingye.

Owiny-Dollo challenged 

Busingye is challenging the chief justice Owiny-Dollo and his deputy, Richard Buteera to come out and speak for judicial independence. 

“It does not mean that even in a dictatorship, the judiciaries cannot speak and cannot struggle, and cannot fight. For God’s sake, during the Amin period, we had judges and magistrates who stood out for what was right. In September, this judiciary is going to have Ben Kiwanuka Memorial… but what did Ben Kiwanuka do? Ben Kiwanuka stood up and sacrificed his own life to preserve the ideals of constitutionalism.”  

“The chief justice cannot be silent when such grave violations of human rights, constitutional liberties, and the constitution itself are going on. We have been asking since last week. Where is the chief justice?” he asked. 

 

 

 

When Babylon USA pretends to be concerned about corruption after promoting a neo-liberal system that fosters corruption: USA: How corruption is destroying Uganda

 

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USA: How corruption is destroying Uganda

https://observer.ug/index.php/news/headlines/82032-usa-how-corruption-is-destroying-uganda  

July 31, 2024

Written by ROBERT SPIN MUKASA

Endemic corruption in Uganda continues to be a serious problem and a major obstacle to investment, according to the US Department of State’s latest 2024 Investment Climate Statements: Uganda.

The report highlights the pervasive nature of corruption and its detrimental impact on the business environment in Uganda.

“Despite Uganda having adequate laws to combat corruption and a network of anti-corruption institutions, enforcement remains inconsistent,” the report notes.

The Public Procurement and Disposal of Public Assets Authority Act’s Code of Ethical Standards requires bidders and contractors to disclose any possible conflict of interest when applying for government contracts. However, many well-connected individuals enjoy de facto immunity for corrupt acts and are rarely prosecuted in court, according to the report.

Transparency International ranked Uganda 141 out of 180 countries in its 2023 Corruption Perceptions Index, a slight improvement from its 2022 ranking. Nonetheless, the government does not require companies to adopt specific internal procedures to detect and prevent bribery of government officials.

“Larger private companies implement internal control policies, but with 80 per cent of the workforce in the informal sector, much of the private sector operates without such systems,” the report says.

 

While Uganda has signed and ratified the UN Anticorruption Convention, the report says, it is not yet a party to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and does not protect non-governmental organizations investigating corruption. Some corruption watchdog organizations allege government harassment.

“U.S. firms consistently identify corruption as a major hurdle to business and investment, particularly in government procurement processes,” the report says.

On paper, Uganda’s legal and regulatory systems are generally transparent and non-discriminatory, adhering to international norms. However, in practice, bureaucratic hurdles and corruption significantly affect all investors, with a disproportionate impact on foreigners who must navigate a parallel informal system.

While Ugandan law mandates open and transparent competition for government project tenders, USA investors have alleged that endemic corruption undermines this process. Competitors not subject to the Foreign Corrupt Practices Act, or similar legislation, often pay bribes to win contracts, creating an uneven playing field.

 

This discrepancy between the legal framework and its implementation poses significant challenges for foreign investors. The requirement for transparent competition is frequently bypassed, with bribes influencing the awarding of contracts. As a result, foreign investors face additional barriers, having to contend not only with the formal requirements but also with the pervasive informal practices that distort the market, according to the report.

The report notes that these challenges highlight the gap between Uganda’s regulatory intentions and the reality on the ground. The impact of corruption on the investment climate is profound, deterring potential investors and skewing opportunities in favor of those willing to engage in corrupt practices.

The systemic nature of these issues underscores the need for comprehensive reforms to align Uganda’s regulatory environment with its legal standards, ensuring a truly transparent and fair investment climate.

RESPONSIBLE BUSINESS CONDUCT

Awareness of responsible business conduct varies greatly among corporate actors in Uganda.

“Corporate Social Responsibility (CSR) programs are voluntary, and there is no formal government program to monitor, require, or encourage CSR,” the report says.

 

“In practice, endemic corruption often enables companies to engage in harmful or illegal practices with impunity. Regulations on human and labor rights, and consumer and environmental protection, are seldom and inconsistently enforced.”

Uganda’s capacity and political will to regulate the mineral trade across its borders remain weak, the report notes.

“On March 17, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Belgian national Alain Goetz, his company the African Gold Refinery in Uganda, and a network of companies involved in the illicit movement of gold valued at hundreds of millions of dollars per year from the Democratic Republic of Congo (DRC).”

The report notes that despite having no significant gold reserves, gold was Uganda’s leading export commodity in 2018, 2019, 2020, 2021, and 2023. In 2023, gold export value rose to $2.3 billion, a record high after a slowdown in 2022 due to a tax proposal that gold exporters protested.

“The Ugandan government does not adequately enforce domestic laws related to human rights, labor rights, consumer protection, environmental protections, or other laws intended to protect individuals from adverse business impacts.”

According to UN Panel of Experts reports, the African Gold Refinery does not adhere to OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Afflicted and High-Risk Areas, and there is no indication the Ugandan government is urging it to do so.

Uganda joined the Extractive Industries Transparency Initiative in August 2020. As part of the process, Uganda formed a multi-stakeholder group (MSG) composed of government, industry, and civil society. As Uganda looks to develop its oil and gas sector, the MSG will monitor transparency and accountability in the sector, including environmental impact and land rights issues. Uganda has not formally adopted the Voluntary Principles on Security and Human Rights.

This complex scenario underscores the significant challenges that corruption poses to Uganda’s investment climate. The government’s inability to enforce anti-corruption measures effectively undermines investor confidence and hampers economic growth.

MARCH TO PARLIAMENT

Frustrated by pervasive corruption, youth protesters last week demonstrated against parliament, which has been beset by numerous allegations of corruption. Many protesters carried placards demanding the resignation of Speaker Anita Among, who has recently been sanctioned by the US and UK governments for alleged corruption.

At least 32 protesters have been released either on police bond or granted bail by the court after their arrest last week for participating in the march to parliament protests. President Museveni responded to the anti-corruption protests held last Tuesday, emphasizing the need to identify foreign funding sources behind the protests.

“Those being funded by foreigners should stop and report to the Minister of State for Ethics, those that have been funding them. We shall not arrest them. In any case, we know a lot about the goings-on in those groups. Our interest is to immunize Uganda against the schemes of the imperialists and their agents,” he stated.

Museveni noted that the planners of the Tuesday, July 23 demonstration disregarded his prior advice, which he had delivered in a national address.

“They, obviously, thought that my advice was of no consequence. Please, Ugandans, avoid these mistake makers. The evidence in court will shock many. As I said, the planners of these demonstrations wanted to do very bad things. The charge by the Police of ‘idle and disorderly,’
I suspect, was used because the deployed personnel did not have all the information. This was a high-quality, intelligence-led operation. I have most of the information.”

The president announced his intention to address the nation again next week to provide further details on the issue. He expressed relief that there was no bloodshed during the protests, stating, “I praise the Lord that there was no bloodshed on Tuesday. The fight against corruption is in my hands. I just need evidence, and action will be taken.”

Museveni reiterated the critical role of accounting officers in safeguarding government resources.

“The accounting officers are the guardians of government money, procurement, and personnel ( jobs, welfare). They let us and themselves down. I am now leading this little war. We fought the bigger war. We shall win this one also.”

 

I am here to stay – Speaker Among

https://observer.ug/index.php/news/headlines/82025-i-am-here-to-stay-speaker-among 

July 31, 2024

 Written by GEOFREY SERUGO

Over the weekend, the speaker of parliament, Anita Among, declared her intention to remain in her position despite growing calls for her resignation.

Speaking at the handover ceremony of St. Charles Lwanga, Kigarama parish in Ruhinda North, Mitooma district, a church built by Deputy Speaker Thomas Tayebwa and his friends, Among addressed the controversy surrounding her tenure.

Among’s statement comes amid mounting voices accusing her of corruption. On June 22, 2024, she pledged to support the five detained MPs accused of corruption: Lwengo district woman MP Cissy Namujju; Busiki MP Paul Akamba; Bunyole East MP Yusuf Mutembuli; Igara East MP Mawanda Michael Maranga; and Elgon County legislator Wamakuyu Ignatius Mudimi.

“I only have one term to serve. When I finish serving my one term, I will give it to Tayebwa to continue. I don’t want to cling to power. I have one term to go, then I hand it over to him. To those calling me to resign, you want me to resign and go where?” she said.

Among criticized the public perception of parliament’s role in corruption, emphasizing that MPs are not accounting officers, and should not be demonized.

“Stealing doesn’t start from parliament. Let’s stop demonizing parliament. When you start marching against corruption, people appreciate it, but we no longer have any conflict with the executive,” she said.

She also praised Tayebwa’s contributions, highlighting his discipline and leadership.

“We want to thank the people of Mitooma for giving us a leader like Tayebwa. He is much more disciplined and knows his role well. We have come very far with Tayebwa from blue (Forum for Democratic Change, FDC) to yellow (National Resistance Movement, NRM), and we are here to stay,” she said.

Among expressed gratitude for the support from President Museveni and the first lady, noting their emphasis on family values. She believes this support has helped the 11th Parliament establish a lasting legacy.

In his remarks, Tayebwa disclosed that the church was built at a cost of Shs 2.7 billion, funded by contributions from friends including Sudhir Ruparelia, Godfrey Kirumira, Hamis Kiggundu and Ben Kavuya. He noted that they raised Shs 1.7 billion in one hour during their first meeting in Kampala.

Archbishop Lambert Bainomugisha of Mbarara Archdiocese, praised Tayebwa’s generosity and encouraged other Ugandans to contribute to community projects.

“This is a formation house where people learn to believe, love God, and one another. Everyone has something to give, and we should embrace the norm of giving back to God,” he said.

The archbishop urged believers to consider alternatives for self-sustenance beyond relying solely on the government.

“With the little resources we have, we can do something to change our communities. We should be responsible in the use of our resources in families, communities, and government positions. We should be frugal in the use of our resources,” he said.

He concluded by commending everyone who contributed to building the church, noting that even remote areas like Kigarama can witness significant.