Uganda accused of crimes against humanity

By Timothy Nsubuga

19th Dec 2011:

File photo: Terror in Uganda

The government of Uganda must immediately halt commission of the crimes against humanity and unconditionally releases all the citizens who have been arbitrarily detained or purportedly charged with offences that are clearly inapplicable in the circumstances, the East African Law Society has said.

In a statement released at its Annual Conference on November 26th 2011 and signed by East African Law Society President Dr. Wilbert B. Kapinga, the regional law body also urged the government of Uganda “…to bring to book all those responsible for the wanton terror and violence that the world has witnessed being meted on innocent and unarmed civilians.”

The crucial parts of the society’s stinging statement titled “Statement by the East African Law Society on the Systematic State Sanctioned Commission of Crimes Against Humanity in Uganda” are presented verbatim hereunder:

NOTING with concern the unfolding state sanctioned human rights violations in Uganda, where innocent and unarmed civilians are shot, brutalized and arbitrarily arrested by the police and military in Uganda for opting to exercise their constitutional and internationally recognized rights to freedom of liberty and freedom of movement, and that the Uganda Communications Commission has now arbitrarily banned live press coverage of the government’s continued brutal suppression of human rights;

CONCERNED that the above actions of the state in Uganda continue to visit untold and unjustified suffering, pain, and denial of basic liberties upon the citizens of Uganda;

AWARE that the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples Rights, the East African Community Treaty to which Uganda is party all uphold the citizens of Uganda’s inherent right to life, freedom from torture or cruel, inhuman or degrading treatment, right to information, right to liberty and security of the person, and freedom from the arbitrary arrest and detention, right to liberty which may only be deprived in accordance with the procedures established by law, the right to movement and peaceful assembly;

CONCIOUS of the fact that the Uganda Law Society has duly reminded the government of Uganda, the police, and the military of the unconstitutionality of their actions, indicating that the actions also constitute a blatant violation of the Constitutional Court of Uganda’s ruling in Constitutional Petition No. 9 of 2005 (Muwanga Kivumbi vs. the Attorney General) that reaffirmed the citizen’s rights to peacefully assemble or to demonstrate without the need to seek prior police permission, which information the government of Uganda through the police, military, information ministry and government communications regulatory agencies have refused to observe;

REALIZING that the government of Uganda has refused or is unwilling to halt the continued systematic violation of human rights, or to exercise its criminal jurisdiction to bring those responsible to account as has been demanded by the National Parliament in Uganda, and the international community;

RECALLING that the continued state sanctioned abuse of civilian’s rights constitute crimes against Humanity under the provisions of Articles 5 and 7 of the Roman Statute;

DETERMINED to ensure accountability for all perpetrators of human rights violations, and to put an end to impunity through national, regional, and international mechanisms for protection of Human rights, the East African Law Society hereby:

CALLS ON the government of Uganda and its state agencies to unconditionally cease the systematic and state sanctioned regime of terror that it is visiting on its unarmed citizens.

IMPLORES the Uganda Communications Commission to immediately lift any purported ban on live coverage of the excesses of the state which appear to be aimed at facilitating the government commission of crimes against humanity.

REMINDS the government of Uganda and its state agencies that the international criminal regime has ensured that they can no-longer seek refuge behind ineffective or compromised state institutions, and that they are to be held collectively and individually accountable for crimes against humanity.

PUTS ON NOTICE the government of Uganda and its respective state agencies that the East African Law Society may elect to seek redress from International Criminal Justice fora UNLESS the government immediately halts commission of the crimes against humanity, unconditionally releases all the citizens who have been arbitrarily detained or purportedly charged with offences that are clearly inapplicable in the circumstances, and brings to book all those responsible for the wanton terror and violence that the world has witnessed being meted on innocent and unarmed civilians.  END

The Inspector General of Police [IGP] Maj. General Kale Kayihura has however maintained that the current breed of protesters in Uganda have treasonous motives to overthrow the government of Uganda.

“…They [protesters] want to turn Kololo Airstrip into Tahir Square.  Can you imagine that,” Gen. Kayihura recently told the media in Kampala in response to allegations of police heavy-handedness.

Several opposition activists have so far been arrested.  Three of them [Ms Ingrid Turinawe, Sam Mugumya, and Francis Mwijukye] have been charged with treason for organizing “walk-to-work” protests.  END:  Please login to www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.


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