DOCSLIB.ORG

Handbook 2020

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Handbook 2020 Authored by DORAH EGESA MUHANUUZI IVAN KAMATSIKO LAURA MARTHA ALEXANDRIA TUMWESIGYE KALEMA PAUL SSERUWAGI MARTIN GEORGE Illustration and layout by EGESSA DERVIN Contents Introduction 13 work 27 Background of the Regional framework study 13 28 Historical back- National framework ground of freedom 29 of expression 17 25 31 THE LEGAL CONTEXTUAL FRAMEWORK ANALYSIS OF AND LEGAL FREEDOM OF OBLIGATION EXPRESSION RELATING TO THE FREEDOM OF EXPRESSION IN 32 UGANDA CONTEXTUAL ANALYSIS OF International frame- FREEDOM OF EXPRESSION Why is the right to Freedom of expres- sion important? 33 Freedom of expres- sion and the enjoy- The courts of law in ment of other rights Uganda 47 35 The Uganda Human Freedom of expres- Rights commissions. sion and democracy (UHRC) 49 37 Interregional and Re- Freedom of expres- gional avenues. 50 sion, the press and media freedom 41 Freedom of expres- 52 THE sion and self - realiza- LEGAL EXTENT OF tion. 44 THE ENJOYMENT OF FREEDOM OF Freedom of expres- sion and the search EXPRESSION for truth. 45 Restrictions to free- Redress available to dom of expression in victims of violation of Uganda 53 Freedom of Expres- But what constitutes a sion in Uganda 46 restriction? 56 Criteria for Imposing Restrictions on Free- dom of Expression 58 Permissible Restric- tions on Freedom of Expression 62 82 ACADEMIC Freedom of Expression FREEDOM AND and National Security UNIVERSITY 62 AUTONOMY Rights and Reputations Introduction 83 of Others 65 Defining Academic Hate Speech, Racism Freedom and Univer- and Incitement of Vio- sity Autonomy 85 lence. 68 Laws governing aca- Freedom of Expression demic freedom 87 and Public Morals 71 International Cove- nant on Economic, Protection of Minors Social and Cultural 74 Rights (ICESCR) 88 Public Order 77 General Comment No 13 on the Right to Academy Freedom (Article 13) (CESCR) 89 97 THE ROLE OF GOVERNMENT, COURTS OF JUDICATURE AND CIVIL SOCIETY ORGANISATIONS IN PROMOTING FREEDOM OF EXPRESSION IN UGANDA The government 98 Regional Laws 92 The courts 101 National Laws 93 Civil society organiza- The Constitution of the tions 107 Republic of Uganda (1995) 93 Various laws that threat- en Article 29 which Instances of violations guarantees the right to of the right to academ- freedom of expression ic freedom in Uganda 111 93 117 VIOLATIONS 139 AGAINST FREEDOM OF FREEDOM OF EXPRESSION EXPRESSION AND IN TIMES OF AVAILABLE LEGAL EMERGENCIES REDRESS (COVID 19) Instances where free- dom of expression has been violated in Recommendations Uganda 118 150 Redress available to Conclusion 152 victims of violation of Freedom of Expres- sion in Uganda 133 Bibliography 154 The courts of law in Uganda 134 The Uganda Human Rights commissions. (UHRC) 136 Interregional and Regional avenues. 137 LIST OF ACRONYMS ACHPR African Charter of Human Rights ATA Anti Terrorism Act ECHR Europe Court of Human Rights FDC Forum for Democratic Change. ICCPR International Convention on Civil & Political Rights ICT Information Communication Technology KACITA Kampala City Traders’ Association LDU Local Defense Unit LGBTI Lesbians, Gays, Bisexuals, Transgender & Intersex. MISR Makerere Institute of Social Research MTN Mobile Telecom Network MUASA Makerere University Academic Staff Association RBAD Rights Based Approach to Development. RDC Resident District Commissioner UCC Uganda Communications Commission UDHR Universal Declaration of Human Rights UHRC Uganda Human Rights Commission UN United Nations. UPDF Uganda People’s Defense Forces 1.1 Introduction 1.2 Background of the study Freedom of expression is one of the ancient and most important of rights, it is the cornerstone of every free and democratic society. That notwithstanding this right is also one of the most violated and its full realization is a continuous struggle for many states. The state is usually at the center of the violation of this right through the use of its legislative organs and security agencies and this is mostly done to restrict voices of dissent. FREEDOM OF EXPRESSION IN UGANDA 13 FREEDOM OF EXPRESSION IN UGANDA In Uganda’s case, freedom of expression is and has always been under threat by the state. A classic quote attributed to former Ugandan president Idi Amin Dada who said there is freedom of speech in Uganda, but I cannot guarantee freedom after speech,” describes Uganda’s position on this freedom. This statement paints a clear picture that anyone can express whatever they want to express but they should be sure that the state will always punish them for expressions deemed to be of dissent. Idi Amin is long gone but the mythical statement still rings a bell in the modern times. The state has enacted laws that trample on freedom of expression and has continued to ensure that all platforms of communication are under its constricting grip. For example a social media tax1 and stringent license requirements have been imposed all in the name of regulating the communication sector and social media platforms. 1 Exercise duty Act. 14 FREEDOM OF EXPRESSION IN UGANDA Chapter one Basic scrutiny of such laws makes it clear that the underlying aim is silencing any views or ideas that threaten the status quo. The arrest and detention of people on the basis of their expression through writings, music or speech has become notorious and the brutal confrontation of any protestors or demonstrators by security agencies is the prevalent state policy. Uganda’s past is one of struggle against forces of tyranny, oppression, political and constitutional instability as acknowledged in the preamble to the Constitution of the land. The current violations of the freedom of expression and the state’s firm grip on the various platforms of free speech warrants education of the public about the inherent nature and broad scope of the freedom of expression. This, it is hoped, will help cultivate civic responsiveness among FREEDOM OF EXPRESSION IN UGANDA 15 FREEDOM OF EXPRESSION IN UGANDA citizens, empowering academic freedom is them to call out and expounded upon in hold any violators one of the segments; of the freedom to the handbook takes account, and in so a keen interest in the doing continue striving numerous laws that to achieve a truly restrict the freedom free and democratic of expression, their society. enforcement and the instances where the This pocket handbook right has been violated explains the origins of by state actors and freedom of expression points out the avenues internationally and for seeking redress. nationally. It outlays Finally, the handbook the importance of this points out gaps in the freedom portraying laws connected with the instruments that freedom of expression protect and guarantee and general this freedom. The recommendations on handbook showcases how to promote and the international, guarantee this right regional and national are given. legal framework governing freedom of expression. The interrelated right of 1.3 16 FREEDOM OF EXPRESSION IN UGANDA Chapter one Historical not enjoy freedom of background speech. One of the of freedom of earliest manifestations expression of this right was in Freedom of expression 1215 when the barons has its origin in in England revolted ancient Greece, and forced King John around the end of the to grant a set of rights fifth century BC, when which culminated the Greeks developed into the signing of a democratic principle the Magna Carta called “parrhesia” (the great charter).3 which means to “to Although the Magna speak candidly”.2 Carta did not explicitly Although this principle guarantee freedom had developed in of speech for all, it Greece as early set a precedent that as the fifth century, people can speak up many parts of the on matters concerning world were still under their governance despotism and did and welfare. The Magna Carta formed 2 https://www. the foundation of history.com/unit- ed-states-constitution/ 3 https://chert- freedom-0f-speech(- seymusuem.org/mag- accessed on:28th June na-carta (accessedon: 2020, 10:43pm) June 28th 2020 11:30) FREEDOM OF EXPRESSION IN UGANDA 17 FREEDOM OF EXPRESSION IN UGANDA the 1694 bill of universally protected. rights in England Article 19 of the which restricted the UDHR guarantees the despotism of King freedom of expression, James II and granted the freedom of the people of England opinion and the an elaborate bundle freedom to seek and of rights that had impart information never been granted in others. The UDHR before including was adopted by the freedom of the United Nations expression.4 general assembly (on 10thDecember, 1948 Internationally, the by United Nations Universal Declaration resolution 217 A) with of Human Rights an agenda of setting (UDHR) was the first the international legal document to benchmark of human set out fundamental rights protection.5 human rights The adoption of the of people to be UDHR by the United 5 https://www. 4 https://www. un.org/en/univer- legislation.gov.uk/aep/ sal-declaration-hu- willandmarsess2/112/ man-rights (accessed introduction (June on:29th June, 2020, 29th 2020, 12:01am) 12:40am) 18 FREEDOM OF EXPRESSION IN UGANDA Chapter one Nations (UN) means guaranteed a set of that all member political rights that states of the UN have included the freedom a duty to respect of expression.7 This and uphold the set of rights was to rights enlisted in the supplement the rights UDHR and all other protected by the instruments adopted UDHR and particularly by the UN. Uganda ensure that people has been a member freely fulfill the duties of the UN since 25th in society and to October, 19626 and fellow human beings.8 therefore bears the The ICCPR mainly duty to uphold the sets standards for the UDHR among other conduct of political UN human rights and civil activities in instrument like the the world to avoid ICCPR. In 1996, violation human the UN general rights.
Load more

Recommended publications
  • School of Law Strategic Plan
    Makerere University School of Law Strategic plan 2006-2016 Seizing the initiative and fostering exellence i Table of Contents I. Introduction _____________________________________________________________ 1 Ii. The Legal Profession And The Lawyer In A Changing Operational Environment ______ 2 Iii. Back To The Future Analysis _______________________________________________ 3 Iv. Purpose Of The Faculty Of Law _____________________________________________ 6 V. Capability Profile Of The Faculty Of Law ____________________________________ 7 Vi Swot Analysis Of The Faculty Of Law _______________________________________ 18 Vii. The Faculty Strategic Plan (2006-2016) ______________________________________ 21 Viii. Restructuring And Governance Of The Faculty Of Law: Towards A College Of Law __ 30 ii TABLES A: Number of LL.B Graduating Students, 2001-2006 ………………………3 B: Number of LL.M Graduating Students, 2001-2006 ………………………3 C: Research Project Completed, 2001-2005 ………………………4 D: Number of Enrolled LL.B Students, 2000/2001-2004/2005 ………………………7 E: Number of Enrolled LL.MStudents, 2000/2001-2004/2005 ………………………8 F: Number of Enrolled Postgraduate Diploma Students 2001-2004/2005 ……………9 G: Number of Enrolled LL.D Students, 2000/2001-2004/2005 ………………………9 H: Academic Staff Establishment & Their Academic Qualifications ………………….9 I: Projected Student/Staff Numbers & Student/Staff Ratios, 2006/2007-2015/2016 ...23 FIGURES 1. Adequacy or Shortage of Existing Space at the Faculty of Law ………………16 2. Profile of the Faculty of Law Goals vis-à-vis Makerere University‟s Goals ………...21 3. Proposed Pre-College Structural Organogram ………………………30 4. Proposed Three-Tiered College of Law Structure ………………………31 iii I. INTRODUCTION The Faculty of Law at Makerere University was established in 1968. Over the following three decades, the Faculty has grown into one of the most reputable Law Schools in the world.
    [Show full text]
  • Buganda Quest for Federo and the Right to Self-Determination
    BUGANDA’S QUEST FOR FEDERO AND THE RIGHT TO SELF-DETERMINATION: A REASSESSMENT Ronald Naluwairo & Isaac Bakayana Copyright Human Rights & Peace Centre, 2007 ISBN 9970-511-16-2 HURIPEC Working Paper No. 17 August 2007 TABLE OF CONTENTS LIST OF ACRONYMS................................................................ii ACKNOWLEDGMENTS.............................................................iii SUMMARY OF THE REPORT.......................................................iv I. INTRODUCTION...........................................................1 II. DISTINGUISHING FEDERO FROM FEDERALISM.........................2 III. REVISITING THE CONCEPT OF SELF-DETERMINATION................6 IV. THE HISTORY AND EVOLUTION OF THE FEDERO QUESTION ........9 4.1 The 1962 Federal Constitution......................................10 4.2 The 1966 Crisis........................................................11 4.3 Amin and the Federo Question.....................................17 4.4.0 NRM and the Federo Question...................................19 4.4.1 The Odoki Commission...................................20 4.4.2 The Restoration of the Buganda Monarchy............21 4.4.3 The Constituent Assembly Elections and Debates...24 4.4.4 The 1995 Constitution...................................27 4.4.5 The Ssempebwa Commission...........................29 4.4.6 Regional Tier as a Compromise to Federo............31 4.4.7 Rejection of the Regional Tier.........................35 V. THE LEGAL BASIS OF BUGANDA’S DEMAND FOR FEDERO..........38 5.1 The Unilateral Abrogation
    [Show full text]
  • Black Laws Matter Benedicto Kiwanuka’S Legacy and the Rule of Law in the ‘New Normal’
    1 BLACK LAWS MATTER BENEDICTO KIWANUKA’S LEGACY AND THE RULE OF LAW IN THE ‘NEW NORMAL’ KEYNOTE ADDRESS BY DR. BUSINGYE KABUMBA, LECTURER OF LAW, MAKERERE UNIVERSITY AT THE 3RD BENEDICTO KIWANUKA MEMORIAL LECTURE 21ST SEPTEMBER, 2020 THE HIGH COURT, KAMPALA 2 My Lord The Hon. Alfonse Chigamoy Owiny-Dollo, The Chief Justice of the Republic of Uganda, The Hon. Bart Magunda Katureebe, The Chief Justice of the Republic of Uganda, The Hon. The Deputy Chief Justice, The Honorable Minister of Justice and Constitutional Affairs, The Hon. The Principal Judge, My Lords the Justices and Judges, The Chief Registrar, The Family of the Late Benedicto Kiwanuka, Heads of JLOS Institutions, Permanent Secretaries, Your Worships, The President of the Uganda Judicial Officers Association, The President of the Uganda Law Society, Invited Guests, Ladies and Gentlemen. 1.0 Introduction I thank the Chief Justice Alfonse Chigamoy Owiny-Dollo for inviting me to give this lecture in memory of the first Ugandan Chief Justice of our country, the late Benedicto Kagimu Mugumba Kiwanuka. I am deeply honoured to have been so invited. In the first place because of the immense stature of the man to whom this day is dedicated. Secondly, given the illustrious nature of the previous two key note speakers (Chief Justice Samuel William Wako Wambuzi – three- time Chief Justice of Uganda and Chief Justice Willy Mutunga, the first Chief Justice of Kenya under the 2010 Constitution of that country). I am keenly aware of the trust exemplified by this invitation, and do hope to try to live up to it.
    [Show full text]
  • Equity Group Holdings PLC 2020 Integrated Report and Financial
    Integrated Report & 2020 Financial Statements EQUITY GROUP HOLDINGS PLC AND SUBSIDIARIES INTEGRATED REPORT & FINANCIAL STATEMENTS / FOR THE YEAR ENDED 31 DECEMBER 2020 20 20 INTEGRATED REPORT AboutAND FINANCIAL STATEMENTS This Report A key aspect of our business conduct is to regularly provide our stakeholders with information on Equity Group Key Concepts Holdings Plc (“Equity”, “Equity Group” or “Group”). We prepare various reports in this respect aimed at addressing stakeholder information requirements and ensuring that Defining Values we remain transparent and accountable. As an ethical and Value creation is the consequence of how we responsible financial services provider, our reports provide apply and leverage our capitals to deliver a mechanism for ongoing deliberations and engagements financial performance (outcomes) and value with various stakeholders. It is this willingness to be (outcomes and outputs) for stakeholders while above board and open that drives our publication of an making trade-offs. Our value creation process annual integrated report. Primarily, we use the Integrated is embedded in our purpose and is described as Report to respond or demonstrate to our financial capital part of our business model and integrated into providers, how we create and share value on a sustainable the way we think and make decisions. basis. This report showcases our ongoing progress and performance, consistent with our overarching intent to produce sustainable value for our stakeholders and best in class customer experience and satisfaction. It is the summary of our strategies, our business, products Materiality & and services and particularly the way we generate and Material Matter distribute value in the short, medium and long term.
    [Show full text]
  • The Implementation of the APRM in Uganda a Critical Evaluation
    THE IMPLEMENTATION OF THE APRM IN UGANDA A CRITICAL EVALUATION Samuel Bamulanzeki Tindifa and Babuuzibwa Mukasa Luutu April 2011 APRM Uganda ENG Final.indd 1 4/15/2011 9:06:49 AM THE IMPLEMENTAtiON OF THE APRM IN UGANDA AfriMAP, the Africa Governance The Open Society Initiative for Eastern Monitoring and Advocacy Project, Africa (OSIEA) supports and promotes is an initiative of the Open Society public participation in democratic Foundations and works with national governance, the rule of law, and OSIEA civil society organisations to conduct respect for human rights by awarding systematic audits of government grants, developing programmes, performance in three areas: justice sector and the rule of law; and bringing together diverse civil society leaders and political participation and democracy; and effective delivery groups. OSIEA seeks to promote open society and to of public services. It also conducts reviews of the APRM consolidate democratic principles and practices through processes, as well as assessments of electoral management increased public participation and the creation of a strong bodies, and public broadcasting in Africa. institutionalised rights framework. OSIEA plays an active role The Open Society Foundations, work to build vibrant and in encouraging open and informed dialogue about issues of tolerant democracies whose governments are accountable to public importance in eastern Africa. their citizens. To achieve this mission, the Foundations seek to shape public policies that assure greater fairness in political, legal, and economic systems and safeguard fundamental rights. At national level, the Open Society Foundations implement a range of initiatives to advance justice, education, public health, and independent media; whilst at the same time, building alliances across borders and continents on issues such as corruption and freedom of information.
    [Show full text]
  • 2015Annual Report
    ANNUAL REPORT AND 2015 FINANCIAL STATEMENTS OUR INSPIRATION That when years turn our vision dim and gray, we shall still see beauty in the tired wrinkles of our faces and shall take comfort out of the fact and knowledge that when we were given the opportunity we did all we could to empower our people to exploit opportunities and realise their full potential on the road to economic prosperity. Equity Centre 9th Floor, Hospital Road, Upper Hill, Postal Address: P.O. Box 75104-00200 Nairobi, Tel: +254 763 026 000, Contact Centre: +254 763 063 000 Fax: + 254 020-2711439, E-mail: [email protected] Website: www.equitygroupholdings.com REGIONAL FOOTPRINT CHAD CHAD Malakal Wau CENTRAL AFRICAN REPUBLIC SOUTH SUDAN Bor Yambio Juba Torit Kajo keji UGANDA KENYA REPUBLIC OF THE CONGO GABON RWANDA Mwanza DEMOCRATIC REPUBLIC OF THE CONGO (DRC) Dodoma Kinshasa TANZANIA Morogoro ANGOLA MOZAMBIQUE Transforming lives in Africa, one branch at a time BRANCHES 261 (a) Branches in Kenya 173, Nairobi 48 (b) Branches in Uganda 31, Kampala 4 (c) Branches in South Sudan 11, Juba 6 (d) Branches in Tanzania 13, Dar es Salaam 7 (e) Branches in Rwanda 11, Kigali 5 (f) Branches in DRC 22, Kinshasa 17 Agent Outlets 23,991 Point of Sale Terminals (POS) 11,560 ATMs 672 Equity Group Holdings Limited And Subsidiaries Annual Report And Financial Statements For The Year Ended 31 December 2015 CORPORATE PHILOSOPHIES The Company was founded in 1984 as Equity Building Society (EBS). social payments and development of ethical leaders through The Group has recorded various key milestones over the years.
    [Show full text]
  • Press Freedom Index 2019: WATCHDOG-Braving Hostility To
    Press Freedom Index Report – 2019 Uganda WATCHDOG Braving Hostility To Serve This publication is available for public use. It can be reproduced or quoted provided Human Rights Network for Journalists-Uganda is quoted as the source. Published by: Human Rights Network for Journalists-Uganda (HRNJ-Uganda) Plot No. 1304 Serumaga Road, Kalonda Zone Bukoto, Kampala. P. O. Box 7472 Kampala Uganda Tel.: +256 414 272937 | +256 414 667627 Hotline: +256 702 905566 Toll Free: 0800144155, Email:[email protected], Website:www.hrnjuganda.org © Human Rights Network for Journalists-Uganda 2019 DISCLAIMER This report is made possible by the support of the American people through the United States Agency for International Development (USAID). The contents of this report are the sole responsibility of the authors and do not necessarily reflect those of the United States Agency for International Development or the United States Government. Contents List of Figures and Tables ...................................................................................................................................... 2 Abbreviations ............................................................................................................................................................... 3 ACKNOWLEDGEMENT ............................................................................................................................................. 4 FOREWORD ...................................................................................................................................................................
    [Show full text]
  • What Should Be Done to Enhance Tenure Security In
    WHAT SHOULD BE DONE TO ENHANCE TENURE SECURITY IN UGANDA AND FURTHER DEVELOPMENT ? - THE LAND (A MENDMENT ) BILL 2007, ITS SHORTCOMINGS , AND ALTERNATIVE POLICY SUGGESTIONS by Julia Schwartz April 2008 Abstract Ugandan Government on February 5, 2008 tabled the new Land (Amendment) Bill 2007 before Parliament which is supposed to enhance tenure security and protect lawful and bona fide occupants and occupants on customary land from evictions. The Bill has instigated a heated public debate and has been met with a lot of rejection. Taking the public debate as a starting point, this paper analyses the merits and shortcomings of the Bill and especially looks at whether the Bill fulfils its promise of enhancing tenure security. Since conflict and tenure insecurity generally have a significant productivity-reducing impact and discourage land- related investment, the latter is of great practical interest. The paper shows that the proposed provisions concerning so called bona fide and lawful occupants will not enhance tenure security because they do not address the real cause of evictions and the main problem of the current law which lies with the contradictory relationship of rights of registered owners and bona fide and lawful occupants on so called mailo land and the lack of a functioning land administration and registration system. Instead, the proposed amendment simply replicates the current law and introduces institutional changes which are either unconstitutional or impractical. To actually enhance tenure security, it is suggested that the relationship between owners and occupants would need to be redesigned more fundamentally. Further, the land administration and registration system as established by the Land Act would need to be equipped with the resources necessary to carry out its functions.
    [Show full text]