HRNJ UGANDA Press Freedom Index Report - 2016 Uganda Tough Times Political Intolerance Stifles Media HRNJ UGANDA Human Rights Network for Journalists-Uganda (HRNJ-Uganda) Plot No. 1304 Serumaga Road, Kalonda Zone Bukoto P.O Box 7472 Kampala Uganda Tel: +256 414272937 | +256 414667627 Hotline: +256702905566 Toll Free: 0800144155, Email: [email protected], Website:www.hrnjuganda.org Press Freedom Index Report - 2016 Uganda Tough Times Political Intolerance Stifles Media 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 414272937 | +256 414667627 Hotline: +256702905566 Toll Free: 0800144155, Email: [email protected] , Website:www.hrnjuganda.org Designed & Printed by: Esam Concepts (U) Ltd. +256 774 438 107 © Human Rights Network for Journalists-Uganda 2016 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, however, 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. Press Freedom Index Report - 2016, HRNJ-Uganda Table of Contents I. Abbreviations 4 II. Acknowledgement 5 III. Preamble 6 I. Introduction 7 2. Executive Summary 8 3. Background 10 4. Methodology 13 5. Chapter 1 Unjust use of the laws to curtail media freedoms 17 6. Chapter 2 Violence against Journalists and Media 33 7. Chapter 3 Milestones in advancing media rights and freedom of expression 63 8. Recommendations 68 9. Annexure 69 Abbreviations A.I.G.P Assistant Inspector General of Police ACHPR African Charter on Human and Peoples’ Rights BBS Buganda Broadcasting Services CBS Central Broadcasting Services CEON-U Citizens Elections Observation Network Uganda CSO Civil Society Organization/s DISO District Internal Security Organization HRNJ-Uganda Human Rights Network for Journalists-Uganda ICT Information and Communication Technology K.C.C.A Kampala Capital City Authority NBS Nile Broadcasting Services NRM National Resistance Movement NTV Nation Media Television POMA Public Order Management Act R.D.C Resident District Commissioner SFC Special Forces Command UNDP United Nations Development Programme U.P.D.F Uganda People’s Defence Forces U.P.F Uganda Police Force U.R.N Uganda Radio Network 4 Press Freedom Index Report - 2016, HRNJ-Uganda Political Intolerance Stifles Media Acknowledgement Human Rights Network for Journalists-Uganda (HRNJ-Uganda) extends its gratitude to Freedom House for the financial support towards the development and publication of the Press Freedom Index 2016. We appreciate the Executive Board, Legal department and the entire staff of HRNJ-Uganda for their support towards the finalization of this publication. We acknowledge the members of HRNJ-Uganda for providing support during the investigation of these cases documented herein. We are grateful to the enormous efforts by Mr. James Nkuubi, a Human Rights lawyer, for the analysis and compilation of this Index. In a special way, we are grateful to our esteemed development partners the USAID/ Rights and Rule of Law Activity (implemented by Freedom House) and Open Society Foundations (London) for the support towards the research, production and launch of this index. Further, we appreciate the support extended to HRNJ-Uganda by the Democratic Governance Facility (DGF), Media Legal Defence Initiative (MLDI), Stitchting Doen Foundation, AJWS, Embassy of Finland (Nairobi), International Freedom of Expression (IFEX), Embassy of Canada (Nairobi) and the Open Society Initiative for Eastern Africa (OSIEA) among others. Political Intolerance Stifles Media Press Freedom Index Report - 2016, HRNJ-Uganda 5 Preamble A free media is bedrock to democracy. Any society that claims to be democratic without press freedom is a sham. If the citizens cannot express themselves freely, access information when they need it, assemble and convey their opinions without hindrance, then there is no doubt their country falls below the known democratic principles. It is the duty of every citizen to ensure that these principles are upheld. The 2016 political environment in Uganda came with serious challenges to the media in general and journalists in particular. The level of political intolerance, fusion of state agencies into the arms of the ruling party, commercialization of politics and abuse of state organs placed journalists in a precarious situation. Human Rights Network for Journalist-Uganda has noticed that threats against media and journalists in particular are taking new forms and shape; attacks on female journalists are on the rise; and enemies of free expression have extended their reach to social media platforms. The laws are unjustifiably applied by state organs to harass and intimidate journalists by opening up unmerited charges. The Uganda Police Force has continued to unfairly hurt, block and arrest journalists in the course of their work as the Press Freedom Index 2016 indicates. Attacks by the members of the public have also persisted. These two categories continue to worry the media. The Police is meant to maintain law and order using standard operating procedures; the public are the very people media is supposed to inform and represent in the corridors of power. The media fraternity is targeted with intended violence and hatred. We must rise up and stand firm against such. HRNJ-Uganda Index does not seek to condemn any group; it is an effort to point out shortcomings in society in order to strengthen the democratic process in Uganda. Press freedom is our freedom. We are thankful to Freedom House for the support to produce this Index. We are equally grateful to all our partners for their unreserved backing to our work. Our members, the Executive Board, the National Coordinator and all the Secretariat staff are highly appreciated for making this Index possible. JULIUS ESEGU - CHAIRMAN EXECUTIVE BOARD 6 Press Freedom Index Report - 2016, HRNJ-Uganda Political Intolerance Stifles Media Introduction The Press Freedom Index 2016 is the eighth successive annual summary of the state of media freedoms in Uganda. This edition summarizes the 135 violations and deplorable conduct of State agencies in 2016 documented and analysed by HRNJ-Uganda staff. The issues presented are tested against Uganda’s national, regional and international human rights obligations of which it is a party. Specific attention is given to those particular human rights instruments that protect media rights and freedom of expression. This Index comes at a time when Uganda held its presidential, parliamentary and Local Council elections during which media was expected to provide information to the public to make informed choices. The post-election period was characterised by a catalogue of events that posed a serious challenge to journalists. These events included arrests, “Preventive arrest”, detention and confinement of opposition leaders; illegal closure of political opposition party offices, defiance campaigns by the opposition and inter-ethnic clashes in Bundibugyo and Kasese region in Western Uganda. The year under review was characterized by killings of civilians by both police and the army in November when the military stormed the Rwenzururu Kingdom palace in Kasese, leaving over one hundred people dead and others arrested following a prolonged misunderstanding between the government and the Rwenzururu Kingdom. This period was also marked by disproportionate and unjustified use of force against President Museveni’s political opponents; unnecessary directives and restrictions of media work and a shutdown of social media by the telecommunications regulator, Uganda Communication Commission. Under these tough times, journalists found themselves in a precarious situation as they endeavored to disseminate information. The Press Freedom Index 2016 examines how this state of affairs impacted on the practice of journalism and provides a telescope view of the protection of media rights and freedoms in Uganda. The Index analyses the media regulatory regime and how it was manipulated to curtail media freedoms. It examines how facilitative the operating environment was to the practice of journalism in 2016. The Index discusses the extent to which law enforcement agencies held institutions and individuals accountable for violating journalists’ rights and interventions by government to enhance press freedom. ROBERT SSEMPALA - NATIONAL COORDINATOR Political Intolerance Stifles Media Press Freedom Index Report - 2016, HRNJ-Uganda 7 Executive Summary In 2009 HRNJ-Uganda, launched its first annual Press Freedom Index report. This 2016 edition is the eighth Index and it is an investigation into the state of media freedoms in Uganda in the past year. The Index analyses; a) The extent to which the legal regime and policy frameworks enhance media freedoms. b) The proposed bills and administrative instruments as well as their impact on the media environment. c) What the regulatory institutions and media managers have done to advance or curtail media freedoms. In compiling data for this Index, HRNJ-Uganda researchers employed qualitative approaches and methods to capture information. These included field trips and investigations, document review, photographic