Human Rights Concern as we begin the year 2008

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PRESS STATEMENT

HURINET-Uganda is concerned that blatant acts of impunity and violations of human rights by the state have persisted at the on set of 2008. Ugandans continue to be denied their inalienable right to enjoy basic civil and political rights. Further HURINET-U is concerned about the plunder and bloodletting in neighboring Kenya following the disputed presidential elections that were held in December 2007.

1. The Uganda situation:

(a) Freedom of speech, expression, assembly and peaceful demonstration

On 19th January 2008 Democratic Party (DP) members were brutally dispersed by the police as they assembled at Nakasero market. It should be noted that DP is a registered political party and was meeting in pursuit of a legitimate mandate. Suppressing political activities is a breach of domestic, regional and International legal instruments. There are other similar incidences that have occurred in different places in the country. Freedom of speech and expression; freedom of assembly and peaceful demonstration are guaranteed in the 1995 Constitution of the Republic of Uganda and they should not be undermined. HURINET-U is dismayed that the government has passed The Police (Declaration of Gazetted Areas) Instrument, 2007 which contains provisions that are counter to the constitutional guarantees for the fundamental rights of the public. The basic rights and freedom should never be left to ponder to the “whims of the IGP”. It should be noted that this Instrument renders the Constitutional right of freedom of expression, assembly and association enshrined under Article 29 of the (amended) 1995 Constitution ineffective. Article 29 of the same Constitution further provides that:

 “Every person shall have the right to;
a. Freedom of speech and expression which shall include freedom of press and other media;
b. Freedom to assemble and to demonstrate together with others peacefully and unarmed

• and to petition”

Article 20 of the Universal Declaration of Human Rights states that: Every one has the right to freedom of peaceful assembly and association.

Article 20(1) of the 1995 Constitution of the Republic of Uganda provides that the Fundamental rights and freedoms of the individual are inherent and not granted by the State.

Efforts by the Uganda Human rights commission and a larger civil society to harmonize this effort by developing the Guidelines for public demonstration in Uganda has been blatantly ignored by the government and yet there’re were signs of cooperation at the initial stage of the guidelines. We are surprised and indeed shocked that the government went a head and developed their own guidelines without the involvement of the public as well as the members of civil society in the process.

In addition, HURINET- U is concerned about the continued infringement of fundamental media freedom in the country. Media practitioners continue to be unnecessarily harassed. This interference by government is uncalled for since it sets a precedent for violation of media freedoms.

Article 38 (2) of the constitution of Uganda provides that:

• “Every Ugandan has a right to participate in peaceful activities to influence the policies of government through civic organisations.”
  (b) The Land Act Amendments

HURINET-U is concerned about the lack of comprehensive consultations to enable the Land Amendment Bill process to public scrutiny and consensus building on the critical issue of land ownership and access. There is need for a Bill that properly anchors;
(i) Proprietory rights of owners of land
(ii) The right of access to land
(iii) The right to use land
(iv) The Economic Social and Cultural Rights of the people

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