The Uganda Law Society (ULS) has released a damning quarterly report on the state of the rule of law in Uganda, highlighting alarming breaches and concerns.
The report released on Friday in Kampala exposes threats to academic freedom, undue delays in resolving complaints by the Uganda Human Rights Commission (UHRC), and persistent prosecutions under the controversial Computer Misuse Act.
Specific cases highlighted in the report include the prosecution of Habib Buwembo charged with spreading malicious information, Tiktoker Edward Awebwa who was recently sentenced to serve six years in jail over similar charges, and Former Rubaga Resident City Commissioner Burora Herbert Anderson who are being charged under the Computer Misuse Act, as well as the violation of the right to assembly, exemplified by the case against Fatuma Nansubuga.
Furthermore, the report condemns the harassment of journalists and the abduction /rearrest of MP Paul Akamba within court premises, raising serious concerns about the government’s commitment to upholding human rights and the rule of law.
The report has further expressed concerns over a letter allegedly written by Prof. Barnabas Nawangwe, Vice Chancellor of Makerere University, calling for an emergency investigation into the Principles of Constitutional Law 2 examination paper.
The letter, which circulated on social media, raises issues with the inclusion of hypothetical questions related to current events and trends in the three arms of government.
According to the Uganda Law Society, such questions are essential to academic freedom and learning, as they encourage students to think critically and apply theoretical knowledge to real-life situations.
Speaking at the launch of the report, Law Society President, Bernard Oundo emphasized that the university’s actions constituted a threat to academic freedom, which has no place in institutions of higher learning.
The ULS Quarterly report further condemned the remarks by the Speaker of Parliament, Anita Annet Among, and Rakai Woman MP Juliet Kinyamatama where they expressed a dismissive attitude towards the ongoing prosecution of some legislators.
ULS states that the remarks undermine the tireless efforts of various agencies in the fight against corruption and constitute a significant setback to the ongoing efforts to promote integrity and accountability in public administration.
It also highlights what it describes as the recent human rights violation of the right to life, alarming incidents of theft and assault, domestic violence, sexual and gender-based violence, right to property, and presidential directive on the sale of Pearl of Africa Hotel.
The report has further expressed firm condemnation over what it describes as persistent delays in the hearing and determination of complaints filed at the Uganda Human Rights Commission(UHRC.
“The backlog of cases is alarming with numerous cases pending for extended periods, some for over five years. This situation significantly impacts the very essence of human rights, such as delay in the dispensation of Justice effectively deny justice to the victims “, reads the report.
According to the report, there is continued abuse of powers by Resident District Commissioners and their deputies across the country by repeatedly demonstrating a troubling trend of exceeding their lawful authority by undermining court orders and interfering with the proper process of administration of justice.
The report also indicates that President Museveni while in Kyankwanzi in the just concluded retreat of Ministers states “We urge the Judiciary to support us by placing corruption, especially embezzlement in the category of offenses that are not considered for bail”
The Law Society said the President’s remarks are a sign of interference with the independence of the Judiciary because it is the mandate of the court to hear bail applications and to make judgments as the court deems fit.
In response to the report, Solicitor General Francis Atoke who also represented Attorney General Kiryowa Kiwanuka acknowledged the challenges and highlighted government efforts to amend the Judicature Act, aiming to improve accessibility to justice.
Isaiah Igumira, Director of Legal at Police, emphasized the importance of access to justice and police accountability, announcing plans for stakeholder engagement and holding officers responsible for human rights violations.
The ULS President Bernard Oundo has urged the government to take immediate action to address the concerns raised in the report and ensure that the rule of law is upheld in Uganda.
ULS has also appealed to President Yoweri Kaguta Museveni all public servants, authorities, and citizens to respect the independence of the Judiciary by among others honoring court decisions or orders and to generally protect and promote the rule of law in the country.
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