Judicial Officers Should Retire with Benefits- Museveni
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Uganda 2015 Human Rights Report
UGANDA 2015 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Uganda is a constitutional republic led since 1986 by President Yoweri Museveni of the ruling National Resistance Movement (NRM) party. Voters re-elected Museveni to a fourth five-year term and returned an NRM majority to the unicameral Parliament in 2011. While the election marked an improvement over previous elections, it was marred by irregularities. Civilian authorities generally maintained effective control over the security forces. The three most serious human rights problems in the country included: lack of respect for the integrity of the person (unlawful killings, torture, and other abuse of suspects and detainees); restrictions on civil liberties (freedoms of assembly, expression, the media, and association); and violence and discrimination against marginalized groups, such as women (sexual and gender-based violence), children (sexual abuse and ritual killing), persons with disabilities, and the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Other human rights problems included harsh prison conditions, arbitrary and politically motivated arrest and detention, lengthy pretrial detention, restrictions on the right to a fair trial, official corruption, societal or mob violence, trafficking in persons, and child labor. Although the government occasionally took steps to punish officials who committed abuses, whether in the security services or elsewhere, impunity was a problem. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were several reports the government or its agents committed arbitrary or unlawful killings. On September 8, media reported security forces in Apaa Parish in the north shot and killed five persons during a land dispute over the government’s border demarcation. -
The Inspector General of Government and the Question of Political Corruption in Uganda
Frustrated Or Frustrating S AND P T EA H C IG E R C E N N A T M E U R H H URIPEC FRUSTRATED OR FRUSTRATING? THE INSPECTOR GENERAL OF GOVERNMENT AND THE QUESTION OF POLITICAL CORRUPTION IN UGANDA Daniel Ronald Ruhweza HURIPEC WORKING PAPER NO. 20 November, 2008 Frustrated Or Frustrating FRUSTRATED OR FRUSTRATING? THE INSPECTOR GENERAL OF GOVERNMENT AND THE QUESTION OF POLITICAL CORRUPTION IN UGANDA Daniel R. Ruhweza HURIPEC WORKING PAPER No. 20 NOVEMBER, 2008 Frustrated Or Frustrating FRUSTRATED OR FRUSTRATING? THE INSPECTOR GENERAL OF GOVERNMENT AND THE QUESTION OF POLITICAL CORRUPTION IN UGANDA aniel R. Ruhweza Copyright© Human Rights & Peace Centre, 2008 ISBN 9970-511-24-8 HURIPEC Working Paper No. 20 NOVEMBER 2008 Frustrated Or Frustrating TABLE OF CONTENTS ACKNOWLEDGEMENTS...................................................................................... i LIST OF ACRONYMS/ABBREVIATIONS......................………..………............ ii LIST OF LEGISLATION & INTERNATIONAL CONVENTIONS….......… iii LIST OF CASES …………………………………………………….. .......… iv SUMMARY OF THE REPORT AND MAIN RECOMMENDATIONS……...... v I: INTRODUCTION ………………………………………………........ 1 1.1 Working Definitions….………………............................................................... 5 1.1.1 The Phenomenon of Corruption ……………………………………....... 5 1.1.2 Corruption in Uganda……………………………………………….... 6 II: RATIONALE FOR THE CREATION OF THE INSPECTORATE … .... 9 2.1 Historical Context …………………………………………………............ 9 2.2 Original Mandate of the Inspectorate.………………………….…….......... 9 2.3 -
4Th Annual Joan Kagezi Memorial Lecture Report
European Union 4TH ANNUAL JOAN KAGEZI MEMORIAL LECTURE REPORT Courts not Guns: Combating Terrorism KAMPALA, UGANDA | 17 APRIL 2019 ORGANISED BY THE OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS IN PARTNERSHIP WITH THE WAYAMO FOUNDATION. 2 THE UGANDAN OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS & THE WAYAMO FOUNDATION TABLE OF CONTENTS Opening remarks Mike Chibita, Ugandan Director of Public Prosecutions Bettina Ambach, Director, Wayamo Foundation, Berlin page 3 Keynote Speech: Courts not Guns: Combating terrorism through the law Nicolas Guillou, Judge at the Kosovo Specialist Chambers and Chef de Cabinet to the President of the Special Tribunal for Lebanon page 6 Testimony by a survivor of the 2010 terror attack in Kampala Tagoya Bernard, Police Officer page 9 Panel discussion: Investigation and prosecution of terrorism cases using domestic and international law with a focus on victim participation Moderated by: Charles Elem Ogwal, Deputy Director of Public Prosecutions Philipp Ambach, Chief of the Victims Participation and Reparations Section in the Registry of the International Criminal Court (ICC) Justice Susan Okalany, Ugandan High Court Judge John Ndungutse, Assistant Inspector General of Police page 10 Remarks from the Chief Guest Hon. Major General Kahinda Otafiire, Minister of Justice and Constitutional Affairs page 14 Disclaimer: This publication was produced with the financial support of the European Union. Its contents do not necessarily reflect the views of the European Union. FOURTH ANNUAL JOAN KAGEZI MEMORIAL LECTURE REPORT | 2019 3 OPENING REMARKS MIKE CHIBITA Ugandan Director of Public Prosecutions Following the singing of the Ugandan national anthem and the rule of law instead of resorting to guns as a and a prayer ceremony, the 4th Annual Joan Kagezi means to achieve conflict resolution and justice. -
Fighting Corruption in Africa – a Comparative Study of Uganda and Botswana Dissertation
Fighting Corruption in Africa – A Comparative Study of Uganda and Botswana Dissertation zur Erlangung des Grades eines Doktors der Verwaltungswissenschaften (Dr. rer. publ.) der Deutschen Hochschule für Verwaltungswissenschaften Speyer vorgelegt von: Stefan Ittner Speyer, 2009 Erstgutachter: Univ.-Prof. Dr. iur. Hans Herbert von Arnim, Dipl.-Volkswirt Zweitgutachter: Prof. Dr. Dr. h.c. Sefik Alp Bahadir Datum der mündlichen Prüfung: 18. März 2009 TABLE OF CONTENTS LIST OF ABBREVIATIONS ___________________________________________ 4 I. INTRODUCTION _______________________________________________ 5 1. Object and Scope of Study ______________________________________________ 5 2. Structure of the Study_________________________________________________ 15 II. DEFINING CORRUPTION ______________________________________ 17 III. FIGHTING CORRUPTION ______________________________________ 26 1. Common Strategies Against Corruption__________________________________ 26 2. Criteria For Judging the Effectiveness of Anti-corruption Measures __________ 30 3. Difficulties in Fighting Corruption ______________________________________ 34 3.1 General Problems _________________________________________________________34 3.2 Specific Problems of Fighting Corruption in African Countries ______________________43 IV. COMPARATIVE ANALYSIS OF ANTI-CORRUPTION STRATEGIES IN UGANDA AND BOTSWANA_____________________________________ 50 1. Historical Background and Determining Factors of Corruption ______________ 50 1.1 Country Profiles___________________________________________________________50 -
Special Sessions for Sexual and Gender Cases 788 Sexual and Gender Based Violence Cases Cleared in 40 Days
Issue 12 |January 2019 Special sessions for sexual and gender cases 788 Sexual and Gender Based Violence cases cleared in 40 days Key highlights for the 21st Annual Judges’ Ben Kiwanuka Memorial year 2018 Conference - Concept Lecture rekindles fond memories THROUGH THE LENS Top representatives of the Executive, Legislature and the Top representatives of the Executive, Legislature and the Judiciary at the 2018 Opening of the New Law Year event Judiciary at the 2018 Opening of the New Law Year event at the Judiciary headquarters in Kampala on January 29, at the Judiciary headquarters in Kampala on January 29, 2018. The event is a State function. 2018. The event is a State function. Justice and Constitutional Affairs Minister, Kahinda Otafiire, The Principal Judge, Dr. Yorokamu Bamwine, inspects an is joined by Justice, Law and Order Sector stakeholders at inmates’ food stall at Luzira Prison Complex during a hands- the commissioning of Mitooma Justice Centres on August 30, on Plea Bargain training on May 2, 2018. Looking on is the 2018. Commissioner (Custodial Sentences), Robert Munanura. High Court Judge (Judiciary Projects/Execution & Bailiffs Secretary to Judiciary, Kagole Expedito Kivumbi, in a Division), Gadenya Paul Wolimbwa, displays the Sudreau Global candid talk with Judiciary senior management staff during Justice Award 2018 that he received in recognition of his a team building exercise at the High Court Gardens in contribution to the Justice Sector in Uganda, June 21, 2018. Kampala on September 6, 2018. INSIDE. The best is yet to come 2 21st Annual Judges’ Conference - Concept 5 Judiciary highlights for the year 2018 20 788 cases cleared in 40-day SGBV sessions 25 Ben Kiwanuka Memorial Lecture rekindles he New Year is a time for looking back and for fond memories looking forward. -
The Republic of Uganda in the Supreme Court of Uganda at Kampala
f' THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA [CORAM:KATUREEBE,C.J; TUMWESIGYE; KISAAKYE; ARACH-AMOKO, 5 NSHIMYE, MWANGUSYA, OPIO-AWERI, MWONDHA, TmATEMWA- EK1RIKUBINZA, J JSC} CIVIL APPLICATION NO 03 OF 2016 [Arising from Election Petition No. 01 of2016] 10 IN THE MATTER OF AN APPLICATION FOR LEAVE TO INTERVENE AS AMICUS CURIAE BY THE APPLICANTS HEREIN ARISING FROM ELECTION PETITION NO. 01 OF 2016. 15 BE1WEEN 1. FOUNDATION FOR HUMAN RIGHTS INITIATNE. 20 2. UGANDA ASSOCIATION OF WOMEN LAWYERS (FIDA UGANDA) 3. CHAPrER FOUR UGANDA 4. HUMAN RIGHTS NETWORK UGANDA 5. CENTRE FOR CONSTITIITIONAL GOVERNANCE 25 6. KITUO CHA KATIBA, EASTERN AFRICAN CENTRE FOR CONSTITIITIONAL DEVELOPMENT 7. LEGAL AID SERVICE PROVIDERS NE1WORK UGANDA 8. TRANSPARENCY INTERNATIONAL:::::::::::::::::::::::::::::: APPLICANTS 30 AND AMAMA· MBABAZI··············································.............•.........•....••.•.......•...••.....•.... -] PE'I'll'IONER 1 ; ,,'" ". } 1. YOWERI KAGUTA MUSEVENI 2. ELECTORAL COMMISSION 3 .~A 'TIORNEY GENERAL ........................•.........•...............................•.....•....... ] RESPONDENTS 5 RULING OF THE COURT This application was brought by 8 applicants which are Civil Society Organizations. The applicants are non-governmental organizations and Civil Society Organizations. They were 10 accredited by the Electoral Commission as Election Observers. Some of the applicants are members of the Citizen Coalition for Electoral Democracy (CCEDU) and others are members of Citizens Coalition for Election Observers Network (CEON). The applicants are seeking leave of this Court to be admitted as V 15 Amici Curiae in Presidential Election Petition No. 01 of 2016, permission to file amicus curiae brief in the form of written submissions and filing any further materials that the Court may deem fit. The applicants are also seeking such further orders that this Court may deem appropriate. -
Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities
Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities. How to Reward Efficient and Independent Decisions Asiimwe Jackline-Bainipai* Abstract This piece of work is discusses the systems of remuneration of judges and promotion possi- bilities as well as rewarding efficient and independent decisions in Uganda. The research finds that whereas these three form part and parcel of the core of an independent judiciary, and whereas there are adequate legal provisions, the enforceability is lacking due to the fact that there are high levels of interference by the executive in the function of the judiciary. The remuneration, reward of an efficient judge are largely dependent on paying allegiance to the executive and deciding cases in appeasement of the executive. Yet, the remuneration, promotion and reward are supposed to be on merit. They should also be established by law and not subject to arbitrary interference from the executive. This study has revealed how the executive has substantial impact on remuneration, promotion and reward of efficient judges. Judges that decide cases according to the law irrespective of the interests of the exe- cutive are sidelined in the promotions, remunerations and reward. The study makes relevant conclusions and recommendations. “The remuneration of the judges is not sufficient to induce the ablest lawyers in the prime of life to accept judicial office. If that state of affairs is allowed to continue it must have serious effect upon the administration of the law. It will impair those intel- lectual standards which have made our English legal system a great legal system; it will tend to impair that law abiding instinct which is the condition precedent for the maintenance of a high standard of civilization, and it will weaken the chief remaining guarantee for the prosecution of the liberties of that subject.”1 With reflection on the above statement on remuneration, this piece of work discusses remu- neration systems and promotion possibilities and how to reward efficient and independent judges from the Ugandan perspective. -
Strategic Investment Plan IV
THE REPUBLIC OF UGANDA OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Vote 133 Strategic Investment Plan IV FY 2019/2020 Performance Report September 2020 Contents Acronyms ................................................................................................................................................ 3 1. INTRODUCTION .............................................................................................................................. 6 2. ASSESSMENT FINDINGS ................................................................................................................ 7 2.1 Summary of achievements realised at outcome level ........................................................ 8 2.2 Detailed findings ........................................................................................................................ 9 OUTCOME 1: CRIMINAL PROSECUTION SERVICES EFFECTIVELY MANAGED .............. 10 OUTCOME 2: OBSERVANCE OF PROSECUTION MEASURES/STANDARDS PROMOTED ................................................................................................................................................................ 82 OUTCOME 3: ENHANCED ACCESS TO PROSECUTION SERVICES ...................................... 94 OUTCOME 4: INTERNATIONAL CRIMES EFFECTIVELY MANAGED AND COLLABORATIONS WITH INTER-STATE AGENCIES ENHANCED ................................... 175 HIV/AIDS: ...................................................................................................................................... 220 ENVIRONMENT: -
165 Chapter Six International Crimes Division of the High
CHAPTER SIX INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: CHALLENGES AND OPPORTUNITIES 6.1 Introduction Domestic investigations and prosecutions, where they are properly undertaken, are said to be the most effective process in ensuring accountability for international crimes. This is because states usually have the best access to evidence and witnesses and have their own enforcement mechanisms.1 Domestic prosecutions are also said to foster a greater sense of local ownership, which may in turn enhance local impact of trials and any potential deterrent effect. This best explains why under the ICC complementarity regime, domestic jurisdiction retain the primary responsibility to prosecute cases if they are ‘able’ and ‘willing’ to carry out investigations and prosecutions.2 To satisfy the ICC complementarity regime and to fulfil government’s commitment under the Agreement on Accountability and Reconciliation, the government of Uganda through a Legal Notice created a new Division of the High Court – the ICD to adjudicate international crimes.3 The creation of the ICD was in accordance to the Constitution of Uganda4 that provides that courts of judicature consisting of the Supreme Court, Court of Appeal, High Court and subordinate courts shall exercise judicial powers in Uganda as Parliament may establish by 5 law. The High Court of Uganda has original and unlimited jurisdiction in all matters and the 6 law may confer on it, appellate and other jurisdiction, thus, a division to specifically handle 1 Office of the Prosecutor ‘Paper on some Policy Issues before the Office of the Prosecutor’ ICC-OTP 2003 part 1 para 4 http://amicc.org/docs/OcampoPolicyPaper9_03.pdf (accessed 9 January 2012). -
Presentation on Performance of the Supreme Court Made to the 18 Annual Judges' Conference at the Speke Resort Hotel, 19 – 21
PRESENTATION ON PERFORMANCE OF THE SUPREME COURT MADE TO THE 18TH ANNUAL JUDGES’ CONFERENCE AT THE SPEKE RESORT HOTEL, 19TH – 21ST JANUARY, 2016 BY HON. JUSTICE JOTHAM TUMWESIGYE JUSTICE OF THE SUPREME COURT 1 The Hon. Chief Justice The Hon. Deputy Chief Justice The Hon. Principal Judge The Hon. Justices of the Supreme Court The Hon. Justices of the Court of Appeal The Hon. Judges of the High Court The Secretary to the Judiciary The Chief Registrar Distinguished guests, Ladies and gentlemen. Introduction. The Supreme Court of Uganda is a creature of the 1995 Constitution. It is established under Article 130 of the Constitution which provides: The Supreme Court shall consist of – (a) The Chief Justice; and 2 (b) Such number of justices of the Supreme Court not being less than six, as parliament may by law prescribe. The Judicature (Amendment) Act No. 9 of 2011 provides that the Supreme Court shall consist of the Chief Justice and ten justices of the Supreme Court. However, currently the Supreme Court consists of 9 members who are: (i) Hon. Justice Bart Katureebe, C.J, (ii) Hon. Justice Jotham Tumwesigye, JSC, (iii) Hon. Lady Justice Dr. E.K Kisaakye, JSC, (iv) Hon. Lady justice Stella Arach-Amoko, JSC, (v) Hon. Justice Augustine Nshimye, JSC, (vi) Hon. Justice Eldad Mwangusya, JSC, (vii) Hon. Justice Rubby Opio Aweri, JSC (viii) Hon. Lady Justice Faith Mwondha, JSC, (ix) Hon. Lady Justice Tibatemwa Ekirikubinza, JSC. Commendation Five of the justices who were recently appointed replaced: Hon. Justice B.J Odoki, Chief Justice Emeritus Hon. Justice J.W.N Tsekooko Hon Justice G.M Okello Hon Lady Justice C.N.B Kitumba 3 I would like to take this opportunity to thank the recently retired justices of the Supreme Court for their dedicated and exemplary service to judiciary and the country as a whole. -
Reclaiming Public Health Services in Uganda Economic and Social Rights Advocacy (ESRA) Brief Issue 13
Reclaiming public health services in Uganda Economic and Social Rights Advocacy (ESRA) Brief Issue 13 August 2021 i Economic and Social Rights Advocacy (ESRA) Brief: Reclaiming public health services in Uganda August 2021 - Issue 13 ii Acknowledgements The Economic and Social Rights Advocacy (ESRA) Brief is a publication of the Initiative for Social and Economic Rights (ISER), whose goal is create awareness, encourage and stimulate national debate around social economic rights, as well as act as a knowledge exchange platform for stakeholders and the broader Ugandan populace. To contribute to future editions of ESRA brief, email the editors at [email protected] ESRA brief is also available online at www.iser-uganda.org Executive Director: Salima Namusobya Editors: Angella Nabwowe Kasule & Nokukhanya Mncwabe Design and Layout: Opiny Shaffic Cover Photo by: Joshua Kisawuzi The ESRA Brief is published with support from iii Economic and Social Rights Advocacy (ESRA) Brief: Reclaiming public health services in Uganda August 2021 - Issue 13 Contents 1. Introduction: Reclaiming public health services in Uganda – Page 1 2. Government needs to put more money in health; health insurance is way overdue. Q&A with Dr. Denis Kibira, Global Health Analyst – Page 2 3. “The onus is on me and my committee to ensure that we make the public sector work.” Q&A with Dr. Ayume Charles, Member of Parliament for Koboko Municipality and Chairperson of the Parliamentary Health Committee – Page 5 4. “There is really no healthcare system here.” Q&A with Dr. Kizza Besigye, Physician, Politician and Human Rights Activist – Page 8 5. “Government must invest in public health.” Q&A with Dr. -
The International Crimes Division of the High Court of Uganda: Towards Greater Effectiveness
THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: TOWARDS GREATER EFFECTIVENESS 2018 THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: TOWARDS GREATER EFFECTIVENESS B THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: TOWARDS GREATER EFFECTIVENESS THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: TOWARDS GREATER EFFECTIVENESS 2018 i THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT OF UGANDA: TOWARDS GREATER EFFECTIVENESS Acknowledgements This report is based on a study that the Uganda Law Society (ULS) undertook under a 6–month project funded by the Knowledge Platform Security & Rule of Law (the Platform). This project was titled “The International Crimes Division of the High Court of Uganda: Towards Greater Effectiveness”. The ULS hereby conveys its deep appreciation to the Platform for its financial support toward this important project. Special thanks also go to key personalities who have informed the content of this study report including the Registrar of the International Crimes Division of the High Court of Uganda–Mrs. Harriet Ssali Abrahams, Ms. Jane Anywar Adong–Ugandan Field Counsel of the International Criminal Court, Victim communities and Community leaders in Northern Uganda; and to the Embassy of the Kingdom of the Netherlands in Uganda for supporting the ULS in disseminating this report on its various platforms. This report has been generated by Mr. Peter Katonene Mwesigwa, Ms. Jane Amooti with support from Ms. Irene Shirley Kwaga. Whereas the Platform provided financial