Uganda: Why the Constitutional Court should rule on the right to health

michael_addaneyAuthor: Michael Addaney
Senior Research Assistant, University of Energy and Natural Resources, Ghana

A case currently before the Constitutional Court of Uganda is providing an interesting test for how far courts can go in protecting basic human rights. Human rights are rights inherent to all human beings. Every person is equally entitled to them without discrimination. They are interrelated, interdependent and indivisible.

Universal human rights are often guaranteed by law through treaties and various sources of international law which generally oblige governments to respect, protect and fulfill human rights and fundamental freedoms of individuals or groups.

Apart from international obligations, countries have various ways of entrenching human rights. Most contemporary constitutions entrench basic human rights. Such constitutions include the 1996 Constitution of South Africa and the 2010 Kenyan Constitution. Likewise, the 1995 Constitution of Uganda contains the Bill of Rights that guarantees fundamental freedoms and basic rights including the rights to health and to life.

Read the rest of this entry »

Advertisements

Stifling democracy – the Museveni way!

Solomon Joojo CobbinahAuthor: Solomon Joojo Cobbinah
Ghanaian Journalist and Human Rights Activist

The Uganda Police Force is perhaps the most proactive in the entire world. They actively swing into action and arrest people they suspect are hatching plans to commit a crime. However, it seems the Police largely targets politicians, who are deemed to be “threats” to President Yoweri Museveni who has been in power for 30 years.

More than a month after Uganda’s February 2016 Presidential and Parliamentary Election, opposition leader Dr Kizza Besigye, flagbearer of the Forum for Democratic Change (FDC) continues to be under what the Police describes as “preventive arrest”. Preventive arrest is meant to stop him from leading protests against a declaration from Uganda’s Electoral Commission that President Museveni won the 2016 Presidential Election. Dr Besigye’s arrest on the Election Day restrained him from legally challenging an election he deemed fraudulent.

Read the rest of this entry »


Respecting the rights of urban refugees in East Africa through a human rights approach to urbanisation

michael_addaneyAuthor: Michael Addaney
Student (MPhil Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

 

 

Gertrude Mafoa QuanAuthor: Gertrude Mafoa Quan
Candidate Attorney; LLM (Multidisciplinary Human Rights) student at the Centre for Human Rights, University of Pretoria

 

 

The city is the new refugee camp…
~ International Rescue Committee

Article 1 of the 1951 United Nations (UN) Convention relating to the Status of Refugees (1951 Convention) defines refugee as ‘a person who is outside his or her country of nationality or habitual residence due to a well-founded fear of persecution base on race, religion, nationality, membership of a particular social group or political opinion and is unable or unwilling to avail him or herself of the protection of that country or to return there for fear of persecution’. Due to contextual issues, article 1 of the 1969 Organisation for African Unity’s Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 OAU Convention) added a second paragraph to the 1951 Convention to incorporate people that have been displaced due to liberation wars and internal upheavals.

Meanwhile, there is no internationally recognised definition for urban refugees. However, the Refugee Consortium of Kenya (RCK) defines an urban refugee as a refugee who satisfies the international requirements for obtaining a refugee status and has self-settled in a city or town. Recent decades have experienced rapid population growth with most cities witnessing urban sprawl. The United Nations High Commissioner for Refugees (UNHCR) reported in 2009 that an estimated 58 percent of the world’s 10.5 million refugees now reside in cities.

Despite it being mostly rural region, UN Habit has projected that Sub-Saharan Africa and for that matter countries in Eastern Africa will have more than half of its population residing in urban areas by 2026. Characteristically, there has been increasing flow of refugees to urban areas in this region too. According to official UNHCR 2015 statistics, four Eastern African countries (Kenya, Uganda, Tanzania and Ethiopia) host more than 1.5 million refugees. These refugees are mostly from 9 countries (Somalia, South Sudan, Sudan, Uganda, Ethiopia, Eritrea, Rwanda, Burundi and DR Congo).

Read the rest of this entry »


Mitigating the extractive industries resource curse in East Africa: Adopting the UN Guiding Principles on Business and Human Rights

samuel_matsikoAuthor: Matsiko Samuel
Human rights lawyer; Africa Excellence DAAD Scholar, South African-German Centre for Transitional Justice

On 19 – 21 January 2015, the Centre for Human Rights, University of Pretoria in partnership with the Institute for Human Rights and Business office in Kenya on behalf of the Africa Commission Working Group on Extractive Industries organized a three day consultative meeting for civil society and national human rights institutions . The consultations focused on challenges and best practices in the extractive industries in the East Africa Sub region.

The extractive industries sector in East Africa is growing exponentially with the discovery of oil and gas in Uganda and Kenya. In 2006, Uganda discovered commercially viable oil deposits in the Albertine Grabben in western Uganda with an estimate of 2.5 billion barrels of oil. In neighboring Kenya the government has issued more than 47 exploration licenses and has four prospective basins in Anza, Lamu, Mandera and the tertiary rift. Tanzania unlike its neighbor’s has no commercial discoveries of oil but it has built a niche in the natural gas sector with 2 producing gas fields in Songo Songo and Manzi Bay.

Read the rest of this entry »


Crusade to root out homosexuality like malaria

satang_nabanehAuthor: Satang Nabaneh
Lecturer at the Faculty of Law, University of The Gambia.

The Gambia is largely Muslim-dominated, with about 95 per cent of the population being Muslims. It is also highly traditional. Thus, Islam significantly influences people’s ways of lives. In the recent years, there has been much discussion, in the media and political fora, about homosexuality and homosexual rights in The Gambia. The attitude of the ordinary Gambian towards homosexuals is outright hostile, fanned by the extreme condemnation from both political and religious leaders. People are made to believe that homosexuals are cursed and support for homosexual rights would spell doom for Islam and Gambian culture, whatever that means. Due to this charged hostility towards homosexuals, there are only few lone voices that dare to challenge current beliefs about and hostility towards homosexuality or campaign to hold the state accountable for the respect, protection and fulfillment of the sexuality rights. The criminalisation of homosexuality provides the state with an opportunity to violate the rights of homosexual with impunity and absolute disregard for the rule of law.

The arch opponent of homosexuals and their rights is the president of The Gambia. During the recent celebration s to mark The Gambia’s independence celebration, on 18 February 2014, President Yahya Jammeh stated that his government “will fight these vermin called homosexuals or gays the same way we are fighting malaria-causing mosquitoes; if not more aggressively”. He further noted that The Gambia would not spare any homosexual, and that no diplomatic immunity would be respected for any diplomat found guilty or accused of being a homosexual. The next day, United States’ Secretary of State John Kerry denounced the President Jammeh’s comments, calling on the international community to send a clear signal that statements of this nature are unacceptable and have no place in the public dialogue.

Read the rest of this entry »


In defence of these “disgusting and unnatural”


Benjamin_NgaruAuthor: Benjamin Ng’aru

Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya

On Monday 25 February 2014, Uganda’s long serving president Yoweri Museveni signed the Anti-Homosexuality Act of 2014 (previously referred to as Kill the Gays Bill”). The Long Title thereof provides that this “Act [is intended] to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.” Museveni has also, on record, called homosexuals “disgusting and unnatural” persons. The legislation has since received widespread condemnation from human rights organisations and leaders across the globe.

Whereas homosexuality was, since the colonial era, outlawed with the introduction of the British colonial rule and justice system, the new legislation is an all time low. Section 2(2) of the Act provides for a mandatory life sentence for persons convicted of “homosexual acts”. Section 1 of the Act has a wide margin of what constitutes “homosexual acts” such as “the touching of another’s breast, vagina, penis or anus, … however slight …. with any part of the body or through anything”.

Read the rest of this entry »


Freedom of the press? Not for the Ugandan press

william_asekaAuthor: William Aseka
Program Assistant (Human Rights Advocacy for Children with Disabilities), Governance Consulting

The freedom to form opinions and express them without fear of repression is a fundamental tenet for the development of a pluralistic, tolerant, and democratic society. This right represents not only the right to privacy of individuals to hold opinions and formulate thoughts, but also to express them in a public forum, especially as part of exercising the right to political participation. In addition, the right to access information, that is the right to seek and receive information, which also forms an important component of this right and which has added significance in the current age of information technology, is intrinsic to the transparent functioning of a democratic government and the effective and well-informed participation of civil society. In this context, freedom of opinion, expression and information is one of the core civil and political rights as it is essential for the exercise of all other human rights.

The right to freedom of opinion, expression and information is well-established and protected at both international and regional levels both legally and institutionally. The right is enshrined in various international instruments, namely: the Universal Declaration of Human Rights (Article 19), the International Covenant on Civil and Political Rights (Article 19), the International Convention on the Elimination of all forms of Racial Discrimination (Article 5(d)(viii)), the Convention on the Rights of the Child (Article 13) and the Declaration on Human Rights Defenders (Article 6). The main international human rights body within the United Nations system, the Human Rights Council, also provides through its system of special procedures for a Special Rapporteur on freedom of opinion and expression, which was established in 1993.

Read the rest of this entry »