Blatant acts of impunity and violations of human rights in Uganda, plunder and bloodletting in Kenya following the disputed presidential elections there give reasons for concern, says Human Rights Network – HURINET – Uganda in a powerful statement today. Read the full statement below. (30-JAN-08)   

Based on HURINET´s statement, this article has been edited and prepared for publication here by HRH F / Niels Jacob Harbitz. The text of the statement has been left unchanged.

PRESS STATEMENT – IMMEDIATE RELEASE 30th JANUARY 2008
HUMAN RIGHTS CONCERN AS WE BEGIN THE YEAR 2008
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

2. Kenya situation
Following the recently concluded 27th December 2007 Presidential elections in Kenya, the country has been marred with pathetic killings, destruction of property and grave abuses of human rights. The current impasse is reported to have claimed lives of over 800 people. On January 6th 2008, the United Nations High Commission for Refugees (UNHCR) reported over 5,400 Kenyans who have sought refuge in Uganda and are currently staying in churches and schools in the Eastern Districts of Uganda. The violence is believed to have been sparked by poor tallying of the votes that resulted into Mr. Mwai Kibaki being declared the winner.

The trends at the moment shows that there are genocide tendencies that may occur in the country if not well handled as a matter of urgency by all the parties involved including the Heads of states for East Africa. Article 25 of the Rome statute of which Kenya is a party to emphasize individual criminal responsibility and states that;
1. The courts shall have jurisdiction over natural persons pursuant to this statute
2. A person who commits a crime within the jurisdiction of the court shall be individually responsible and liable for punishment in accordance with this statute.

We also wish to remind the Kenyan government that Article 21 of the International
Covenant on Civil and Political Rights (ICCPR) to which it is state party to, states that:
“The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”

The UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials provides that;
“Police may use force only when strictly necessary and only to the extent required for the performance of their duty. Firearms should not be used except to defend people against the imminent threat of death or serious injury or to prevent a grave threat to life, and only when less extreme means are insufficient. Intentional lethal force should not be used except when strictly unavoidable in order to protect life.”

We note with concern;
(i) the hate speech which is likely to further inflame the parties
(ii) massive Human rights violations

In view of the above situation in Uganda, HURINET-U calls upon the government;
1. To immediately amend the 2007 Police (Declaration of Gazetted Areas Instrument in its entirety if Ugandans are to enjoy the fundamental principles of freedom of expression, assembly and association as enshrined under Article 29 of the (amended) 1995 Constitution and review the Guidelines for public demonstration developed by the UHRC and the CSOs.
2. To recognize and respect its duties and obligations imposed upon it by Article 20(2) of the Constitution:
“The rights and freedoms of the individual and groups enshrined in the Constitution are to be respected, upheld and promoted by all groups and agencies of government…”
3. To respect the human rights of all individuals and groups as provided for in the International Human Rights instruments that Uganda has ratified.
4. To respect the freedom of assembly, association and the free operations of political parties as guaranteed both by the Constitution and the Political Parties Act
5. To fulfill its commitment as Commonwealth as well as EAC headship by exercising special leadership to improve its human rights record including protection of the civil society space.
6. To respect the independence of the media and its practitioners must be accorded their liberty in order to effectively inform the public without interference.
7. To resolve the pending Land Amendment Bill issues without compromise to the interest of the either party.
8. Parliament should play its oversight role in ensuring that government respects the Constitution.

On the Kenyan situation we call upon;
1. Regional stakeholders (EAC, IGAD, African Union, SADAC and others) to condemn the on going hate speech in Kenya as it is fueling ethnic killings, destruction and indiscriminate killing by the police.
2. The Government of Kenya must immediately send clear instructions to the police to stop this excessive use of force, conduct an independent and impartial inquiry into the police killings, and prosecute any police officers who have used excessive force against protesters.
3. The Kenyan government must respect the right to freedom of expression and peaceful assembly throughout Kenya. It is only through the respect for human rights that the country will be able to resolve the political crisis it is now facing.
4. The Kenyan leadership with the support of the International community should as a matter of urgency amicably resolve the political anarchy in order to restore peace and political stability in the country.
5. The International Community should investigate the underlying causes of the current violence that is believed to have descended to genocidal levels
6. Third party mediation to the Kenyan political Crisis must be based on principles of respect, neutrality and objectivity.


________________________ ______________________________
1. Mr. Kadali Stephen                  2. Mr. Ndifuna Mohammed
Chairperson                                National Coordinator
HURINET-Uganda                        HURINET Uganda