Uganda:End Trials of Civilians in Military Courts

(Kampala) – The Ugandan government should stop prosecuting civilians in unfair military courts, effective immediately, Human Rights Watch said in a report released yesterday. Military and civilian prosecutors should work together to resolve pending cases through release or appropriate retrial in civilian courts, and police should stop sending civilians to military custody, Human Rights Watch said.

The 27-page report, “Righting Military Injustice: Addressing Uganda’s Unlawful Prosecutions of Civilians in Military Courts,” documents the pattern of trials of civilians before military courts, the ways in which such trials violate international legal principles, and the steps Uganda should take to address these fair-trial violations. Since 2002, military courts in Uganda have prosecuted over 1,000 civilians on charges under the criminal code, such as murder and armed robbery. A 2006 Ugandan Constitutional Court ruling, upheld on appeal in 2009 before the Supreme Court and consistent with international law, that military courts are not competent to try civilians accused of common crimes has not been enforced.

“Prosecuting civilians in military courts may have been a matter of convenience and expediency for President Yoweri Museven’s government” said Maria Burnett, senior Africa researcher at Human Rights Watch. “But it is unjust and unlawful under both Uganda’s constitution and international and African human rights law.”

At least 341 cases involving civilians are awaiting trial or judgment before military courts. Over the years, Museveni has repeatedly defended the prosecution of civilians by military courts, despite the Constitutional Court ruling.

 Ugandan military authorities have indicated that they are contemplating amending the practice of prosecuting civilians, but no clear decision has been made about how to address this deeply entrenched system of rights violations. There is no mechanism in place to remedy the situation for the hundreds of civilians already serving prison sentences as a result of unfair military trials.

The prosecution of civilians before military courts violates human rights standards in a number of ways. Military courts do not meet the requirements of competence, independence, and impartiality under international law to try civilians. Cases before the military courts fail to respect fundamental fair trial rights, such as the right to present a defense, the right against self-incrimination, and the prohibition on the use of evidence procured by torture. These rights violations are magnified in cases in which the death penalty is imposed.

 “If the Ugandan military is to live up to its much-proclaimed professionalism, it should abandon subjecting civilians to a military jurisdiction, which is a stark violation of professionalism and international law,” Burnett said. “The military needs to take clear and concrete steps to redress the past decade of unlawful prosecution and convictions of civilians.”

Ugandan military courts have sentenced civilians to severe penalties, including death sentences. For example, in September 2010, 20-year-old Judith Koryang was sentenced to death for killing her husband, a member of the Ugandan military. She contended that she was abused by her husband and that he had threatened to force her from their home after she tested positive for HIV.

 She pleaded guilty and was represented by a military defense lawyer, who did not raise a legal objection that the military courts were not competent to hear the case. The military court said the death penalty “should serve as an example to all women married to soldiers to desist from plotting to kill their husbands over petty issues.”

In addition to halting all pending cases, Uganda should meet its legal obligations to remedy the situation for civilians serving prison terms handed down by military courts, Human Rights Watch said. To carry out these steps efficiently and effectively, military and civilian prosecutors should collaborate to identify all military court cases involving civilians and provide a remedy for each defendant.

 “Uganda needs to set up a review process for all cases involving the wrongful detention and prosecution of civilians before military courts and make sure each defendant has access to an effective remedy,” Burnett said. “This problem will not just go away. The government should provide for release or retrial in accordance with international fair trial standards.”

For more Information Contact

Human Rights Watch

 350 Fifth Avenue, 34th Floor

 New York, NY 10118-3299

 USA

 Tel: 1-(212) 290-4700

 visit http://www.hrw.org/news/2011/07/27/uganda-end-trials-civilians-military-courts 

 

Court orders commanders of forces to produce a missing journalist in court

HRNJ-Uganda update; Court orders commanders of forces to produce a missing journalist in court

 Lira, 27th/July/2011; a High court in Lira has issued an order to the top four commanders of security forces and agencies to produce a missing journalist within 24 hours. Justice Steven Musota who heard the habeas corpus and issued a 24 hour deadline order said that the four top commanders should appear in court with Augustine Okello and show cause why they continue to detain a journalist illegally. Augustine Okello a.k.a Rouks disappeared on July 13th in Lira, in northern Uganda after holding meetings with security chiefs in the area including Lira’s district internal security officer (DISO), Steven Eryaku. Eryaku according to sources allegedly phoned Okello and they met later at Grand Pacific hotel in Lira town.

Today marks the second week since Okello went missing and security forces continued to detain him incommunicado. Reliable sources told Human Rights Network for Journalists-Uganda (HRNJ-Uganda) that Okello was kidnapped by three armed plain clothed operatives from Grand Pacific hotel in Lira after the District Internal Security Officer Steven Eryaku requested to wait for him at the hotel. He was later transferred and first detained at Chieftaincy of Military Intelligence headquarters in Kampala until Saturday the 16th/July/2011 when he was transferred to Rapid Response Unit (RRU) based in Kireka a Kampala suburb where he recorded a statement. He was on the 26th July transferred to unknown detention center. HRNJ-Uganda has learnt that Okello was allegedly arrested on grounds that he received a telephone which invited him as a journalist to attend in a meeting Tanzania.

 The habeas corpus filled on 25th/July/2011 by Human Rights Network for Journalists-Uganda lawyer Makmot Kibwanga sued the Inspector General of Police, Chief of Defense Forces, Chieftaincy of Military Intelligence and Internal Security Organ commanders for arbitrarily arrest and detention of a journalist. We have secured an order and we expect the four top security commanders to produce Okello in court within 24 hours and we have served them said defense lawyer Makmot Kibwanga. He said HRNJ-Uganda has received instructions from high court in Lira for Okello to be produced in Kampala high court. HRNJ-Uganda calls the international community and missions in Uganda to rally behind the court order and put pressure on security forces to ensure that Okello is produced in court.

 

 For More Information Contact;

 Human Rights Network for Journalists-Uganda (HRNJ-Uganda)

 Kivebulaya Road ? Mengo Kampala Opp. St. Marcelino Pre. School

 P.O.BOX. 71314 Clock Tower Kampala

 Tel: +256-414-272934 / +256-414-667627

 E-mail: news@hrnjuganda.org

              humanrajournalists@yahoo.co.uk

 Website: www.hrnjuganda.org

 BLOG: http://hrnjuganda.blogpost.com

Court orders commanders of forces to produce a missing journalist in court

HRNJ-Uganda update; Court orders commanders of forces to produce a missing journalist in court
Lira, 27th/July/2011; a High court in Lira has issued an order to the top four commanders of security forces and agencies to produce a missing journalist within 24 hours. Justice Steven Musota who heard the habeas corpus and issued a 24 hour deadline order said that the four top commanders should appear in court with Augustine Okello and show cause why they continue to detain a journalist illegally. Augustine Okello a.k.a Rouks disappeared on July 13th in Lira, in northern Uganda after holding meetings with security chiefs in the area including Lira’s district internal security officer (DISO), Steven Eryaku. Eryaku according to sources allegedly phoned Okello and they met later at Grand Pacific hotel in Lira town.
Today marks the second week since Okello went missing and security forces continued to detain him incommunicado. Reliable sources told Human Rights Network for Journalists-Uganda (HRNJ-Uganda) that Okello was kidnapped by three armed plain clothed operatives from Grand Pacific hotel in Lira after the District Internal Security Officer Steven Eryaku requested to wait for him at the hotel. He was later transferred and first detained at Chieftaincy of Military Intelligence headquarters in Kampala until Saturday the 16th/July/2011 when he was transferred to Rapid Response Unit (RRU) based in Kireka a Kampala suburb where he recorded a statement. He was on the 26th July transferred to unknown detention center. HRNJ-Uganda has learnt that Okello was allegedly arrested on grounds that he received a telephone which invited him as a journalist to attend in a meeting Tanzania.
The habeas corpus filled on 25th/July/2011 by Human Rights Network for Journalists-Uganda lawyer Makmot Kibwanga sued the Inspector General of Police, Chief of Defense Forces, Chieftaincy of Military Intelligence and Internal Security Organ commanders for arbitrarily arrest and detention of a journalist. We have secured an order and we expect the four top security commanders to produce Okello in court within 24 hours and we have served them said defense lawyer Makmot Kibwanga. He said HRNJ-Uganda has received instructions from high court in Lira for Okello to be produced in Kampala high court. HRNJ-Uganda calls the international community and missions in Uganda to rally behind the court order and put pressure on security forces to ensure that Okello is produced in court.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road ? Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

Journalist trial postponed

HRNJ-Uganda Update: Journalist trial postponed
Kampala, 26th/July/2010;A journalist Patrick Otim facing treason charges will not be tried in the new High Court session that began on 25th/July/2011. Justice Monica Mugenyi said the group would have to wait for a special session because they are many. They have now been sent back on remand in Luzira prison until a special session is set up. Otim was kidnapped from his residence in 2009 from Pader district by plain cloth security operatives and detained in incommunicado for six weeks on unknown reasons. It was until Human Rights Network for Journalists-Uganda (HRNJ-Uganda) sued the Chief of Defense Forces Aronda Nyakairima and the then Chieftaincy of Military Intelligence (CMI) boss through a Habeas Corpus for unlawfully detention that’s when he was taken before a lower court and charged with two accounts of treason and concealment to treason. Otim was joined by other ten (10) suspects arrested from different parts of the country on accusation of forming a rebel group. The state accused them of forming a rebel group, the Popular Patriotic Front (PPF), and said they were recruiting people to fight the Government. They allegedly mobilized logistical support for their rebellion, which included satellite phones, solar panels, Global Positioning System (GPS) machines, walkie-talkies, laptops and fire-arms. We are going to challenge the postponement because these guys have suffered a lot. I will be writing to the principle judge to see to it that the accused are tried soon, having spent long on remand. Said the defense lawyer Ladislaus Rwakafuuzi. According to the indictment, the suspects committed the offence between 2006 and 2009 in eight districts, including Masindi and Kampala. Its however not clear when a special session will be set up.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

Top commanders sued over missing journalist

HRNJ-Uganda Alert: Top commanders sued over missing journalist
Lira, 25nd/July/2011; Three top commanders of security organs have been sued for holding radio Rhino presenter Augustine Okello a.k.a. Rouks incommunicado. Okello disappeared on July 13th in Lira, in northern Uganda after holding meetings with security chiefs in the area including Lira’s district internal security officer (DISO), Steven Eryaku. Eryaku according to sources allegedly phoned Okello and they met later at Grand Pacific hotel in Lira town. Since then, his phone went off and he has not returned to his home or his work. It’s nearly two weeks but police and other government sources consistently denied knowledge of Okello’s whereabouts. The Habeas Corpus filled at Lira High court by the Human Rights Network for Journalists-Uganda (HRNJ-Uganda) lawyer Makmot Kibwanga sued the Inspector General of Police (IGP), Chief of Defense Forces (CDF) and the Internal Security Organ Commander for unlawful detention of a journalist. The application seeks court to order the three commanders appear in court and give reasons as to why a journalist continued to be detained incommunicado. The Uganda’s constitution prohibit anybody to be detained beyond 48 hours after his/her arrest meaning that such a person shall have the right to access to his family, a lawyer, and a doctor which Okello continue to be denied.
Article 23 (2) of the Constitution of Republic of Uganda requires that a person arrested, restricted or detained shall be kept in a place authorized by the law. And where one is illegally detained, sub article (9) can be applied and its states that the right to an order of habeas corpus shall be inviolable and shall not be suspended. According to Human Rights Watch statement released On July 23, it quoted the police inspector general, Gen. Kale Kaihura confirming that Okello was arrested by the security and is to appear in court soon but Okello’s precise location remains unknown. We have sued the trio to bring the suspect to court or show-cause why they should continue to detain Okello. The continued detention is very illegal said lawyer Makmot Kibwanga The application is set be heard on 25th/July/2011

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

Kibaale journalist injured in strike.

Kibaale, 21st/July/2011; A Kibaale district freelance journalist Ismail Kasooha has been ill-treated while covering a strike by rioting students of St. Adolf Secondary School. Ismail Kasooha, a freelance with the New Vision and Kagadi Based Community Radio (KBCR) was reportedly hit with stones by rowdy students who also pelted stones at their teachers. The irate students staged a violent strike on 19th/July/2011 accusing their teachers of harassing them, giving them corporal punishments and failing to account for the examination fees. The students claimed that they paid Uganda Shillings 5,000 equivalent to US $ 2 for Mock exams but were surprised when the school gave them past papers of some schools from Mukono district. The strike has led to the closure of the school until the causes of the strike are addressed by the concerned authorities as a number of innocent people fallen victims of circumstances.
“The stones hit me on the chest and stomach. I fell down in pain and rescued by Anti Riot police led by Daniel Omara, the OC of Muhorro Police station” said Kasooha. He said he was rushed to a clinic in Kagadi town where he attained medical treatment. “It’s a pity that journalists in Uganda continue to suffer acts of violence with impunity from primary beneficiaries of media work who are supposed to protect them. There’s a need to deal with attitudes of politicians that have portrayed journalists as a nothing to do group which we believe have caused this problem” said HRNJ-Uganda Board Chairperson Robert Ssempala. HRNJ-Uganda calls upon media proprietors and managers especially electronic media to invest heavily media campaign which will shape public attitude. Kasooha is due to resume work next week.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

Trial date for a journalist who is on treason charges is set

Kampala; 20th/July/2011; Hearing of treason case against the New Vision journalist Otim Patrick is set to kick off on Monday the 25th/July/2011 before the High Court in Kampala.
The order to produce Otim for trial was made on 6th/May/2011 by the Deputy Registrar of the High Court in Charge of Criminal Division Elizabeth Kabanda to Luzira National remand prison authorities where Otim has been for a period of two years.
Otim was kidnapped from his residence in 2009 from Pader district by plain cloth security operatives and detained in incommunicado for six weeks on unknown reasons. It was until Human Rights Network for Journalists-Uganda (HRNJ-Uganda) sued the Chief of Defense Forces Aronda Nyakairima and the then Chieftaincy of Military Intelligence (CMI) boss Leo Kyanda through a Habeas Corpus for unlawfully detention that’s when he appeared. Security forces defied a court order which had been issued earlier instructing them to produce Otim to High court but instead he and the other 9 suspects were taken to a subordinate magistrate court and charged with two counts of treason and concealment to treason.
Otim who is on remand in Luzira upper prison alleged that he was moved from one illegal detention to another in different parts of the country before he was brought to court. “I was tortured by the army using numerous forms including tying heavy objects on my private parts. I sustained body injuries”, said Otim.
Two attempts to secure a bail for Otim have been made by HRNJ-Uganda lawyer Ladislaus Rwakafuuzi since he was committed to high court for trail early 2010 but all efforts were fruitless. We welcome the development because many inmates on committal are languishing in most prisons in Uganda. It’s our desire hope that Otim will get justice at last said HRNJ-Uganda Board Chairperson Robert Ssempala. He said, HRNJ-Uganda will attend all trial sessions until the judgment day to ensure that justice prevails because it was not in the interest of the Ugandan government to take Otim and others to courts of law. HRNJ-Uganda calls upon the Judiciary to expedite the trail process because suspects have over stayed on remand. Otim will appear before Justice Monica Mugenyi.
For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org BLOG: http://hrnjuganda.blogpost.com

Journalists pitch camp at police station over their missing colleague

Lira, 21st/July/2011; Over 50 journalists in Lira have matched to Lira Central Police Station to demand explanation from police the whereabouts of their colleague Augustine Okello aka Rouks, a radio presenter who went missing last week.
The match was led by their chairperson Nancy Obita and General Secretary Hudson Apunyo under Lango United Journalists Association, the journalists delivered a petition to the different security chiefs including the District Police Commander, Resident District Commissioner, Regional Police Commander and the District Internal Security officer.
However, when the journalists set off from CPS to DISO’ S office located across the road to deliver their petition, the DISO Eryaku Steven was threatened, shut his office and took off before journalists reached his office.
The letter asks security officers to explain the whereabouts of the presenter who is also a student at UMCAT School of journalism-Lira Study Centre. They urge that it was unfair for the security personnel’s to remain unbothered by the disappearance of the presenter and yet it is highly suspected that he was arrested by them.
“It was at around 3pm Wednesday, last week, when Rouks received a telephone call purportedly from DISO asking him to go and meet him at Grand Pacific Hotel in Lira Town. Since then I have never seen him again” Acio Sarah, Rouks workmate at Rhino fm told journalists. Acio said, The same day DISO called Rouks to his office where she accompanied him and they were made to sign in the visitors Book after which the DISO promised to call and meet Rouks again in the evening of the same day.
However, in an earlier interview with the victim’s wife Loretta Awor-Okello in the presence of Sarah Acio, the DISO denied having any knowledge of Rouks whereabouts though police sources claim that DISO took Rouk’s unregistered motorbike to police where it was still parked by press time.
At Lira Central Police Station, DPC Robert Semata told leaders of the journalists that they have opened a general inquiry file to investigate Rouks disappearance but he declined to answer any ensuing questions from the press.
”We will avail you with the information you want by 6pm if it is ready” says the regional Police Spokesperson for Mid North Region, Henry Alyanga.
By press time, many journalists were camped at mayors’ garden adjacent to the Central Police Station pondering on the possible way forward in case police does not divulge the information they expect.
“We suspect that Okello may have been kidnapped on work related matters as it has been the practice of government security forces. We shall fight and ensure that Okello is produced in courts of law” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala.
HRNJ-Uganda calls on upon all foreign missions based in Uganda to put pressure on government to release Okello from illegal detention.
Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has lined up a team of lawyers to start on the legal process to force government produce Okello in court.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road at Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

HRNJ-Uganda alert: radio presenter goes missing

Lira, 19th/July/2011; Augustine Okello a presenter with Lira based radio Rhino has gone missing.
Okello a.k.a Rouks, who joined radio Rhino five years ago, went missing on Wednesday the 13th/July/2011 after holding several meetings with Lira District Internal Security Officer (DISO) Steven Eryaku and a police officer at Lira police station.
A District Security Officer is a military intelligence officer attached to Chieftaincy of Military Intelligence.
Christine Awor a wife to Okello said her husband has not returned home since Wednesday.
Article 24 of the Constitution of the Republic of Uganda states that; no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.
Sara Acio, a Rhino FM news anchor who is the last person to be with Okello on Wednesday before his alleged disappearance told Human Rights Network for Journalists-Uganda (HRNJ-Uganda) that it was at around 11am that day when they went to Lira Central police station to meet a police officer called Richard.
She said as Richard was on phone outside his office Eryaku entered and shook hands with them then he asked Okello, whether he was Rouks. Eryaku then told him that he had been looking for someone called Rouks.
“Eryaku took us to his office and made Okello sign in the visitors’ book and afterwards, he made arrangements to meet with him later in the evening” Sarah said. She said they left the DISO’s office and she was dropped at Northern Star bar by Okello as he was proceeding home.
Acio added that when Okello returned while they were still in town, he received a telephone call believed to be from the DISO’s office for a brief meeting at Grand Pacific located along Te-Obia road In Lira town.
HRNJ-Uganda has learnt that no sooner had Okello gone for a meeting at Grand Pacific than his phone went off mysteriously and he has not appeared again.
A source told HRNJ-Uganda that when Okello relatives approached a police officer whom Okello met first, DISO Eryaku summoned him while still in a meeting with the relatives. Okello’s motorcycle was seen parked.
According to Okello’s wife (Awor) the motorcycle was found at Lira police station and they tried to inquire who parked it there and was told by a traffic policemen that it had been brought by Eryaku.
Okello is the second journalist to go missing in a period of four years in Northern Uganda after Otim Patrick who was kidnapped and kept incommunicado. He was later produced in court under habeas corpus and charged with treason and concealment to treason.
“We condemn in the strongest term possible the manner in which Okello went missing. It’s the obligation of the government to protect all the citizens from any human rights violations. The government should use lawful means to deal with suspects rather than keeping someone in illegal detention. We are going to fight that behavior until we get Okello out from incommunicado” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala.
A case has been reported to Lira police station by Awor.
HRNJ-Uganda calls for intervention of UN Office of High Commission for Human Rights and foreign missions based in Uganda in order to bring Ugandan government to order.
We also demand that police should arrest Lira DISO Steven Eryaku as investigations into the matter continue.
For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

Press Freedom Watch Impunity Update

THE INTERNATIONAL Freedom of Expression Exchange (IFEX) designated Nov. 23 as the International Day to End Impunity during its biannual General Meeting in Beirut, Lebanon, from May 30 to June 3, 2011. IFEX is a network of more than 90 press freedom advocates and human rights organizations around the globe. The Center for Media Freedom and Responsibility, which publishes PJR Reports, is a member of the IFEX Council.

Nov. 23 was chosen in remembrance of the 58 men and women including 32 journalists and media workers massacred in Ampatuan town, Maguindanao province on Nov. 23, 2009. The Ampatuan (Maguindanao) Massacre was the single, worst attack on press freedom in Philippine history.

Ampatuan Massacre Trial

The trial against 196 persons accused of planning and executing the massacre of the members of the convoy led by the wife of then Buluan vice-mayor and now Maguindanao Governor Esmael Mangudadatu (plus the murder of the six passers-by) has been ongoing for more than a year but has moved slowly.

Last June 1, the patriarch of the Maguindanao-based Ampatuan clan joined the list of those already arraigned for the 57 counts of murder filed in court (the body of a journalist – that of the Midland Review’s Reynaldo Momay – who was with the 57 people killed has not been found).

Andal Ampatuan Sr., former governor of Maguindanao, pled not guilty to the charges together with accused Mohammad Datumanong (allegedly a “bagman” for the Ampatuans). Branch 221 of the Regional Trial Court of Quezon City has yet to schedule the arraignment of four other Ampatuans—former Autonomous Region of Muslim Mindanao Gov. Zaldy, Sajid Islam, Akmad Tato and Anwar—and 17 others in detention pending the resolution of their motions and petitions.


Slow-moving

The Ampatuan Massacre may be the worst, but is only one of the many cases of assassinations and other threats encouraged by the culture of impunity so deeply entrenched in the Philippines. The Philippines now ranks third in the Committee to Protect Journalists’ Impunity Index among the 13 countries with the most number of unsolved media murders from January 2001 to December 2010. As in the Ampatuan Massacre trial, technicalities like petitions for bail, certiorari, and prohibition have hampered the progress of murder cases as well as attacks against journalists and media workers.

For example, the murder case against the accused killer of Dennis Cuesta was archived in 2010. The decision came after the suspected gunman—police inspector Redempto Acharon—had been free more than a year after the Makati court issued an arrest warrant against him.

The murder case against the two suspected masterminds behind the killing of broadcaster-columnist Marlene Esperat is also on hold because the appellate court of Mindanao had granted their petition for a preliminary injunction, which in effect prevents the arrest warrants issued by a lower court from being served against them.

The July 2010 Miguel Belen murder case, the first work-related case in the new administration of Benigno Aquino III, has been stalled since last year in hearing the petition for bail filed by the alleged gunman.


Problems of the judiciary

Aside from legal technicalities, the judiciary’s lack of manpower, its clogged dockets, and budgetary constraints may have also contributed to the culture of impunity.

The Ampatuan Massacre trial—which is heard on Wednesdays and Thursdays every week—could even be in a better position compared to cases in far-flung provinces where hearings are sometimes held two months apart (with only an hour per hearing date).

For example, the formal offer of prosecution evidence in the frustrated murder of radio blocktimer Alberto Martinez ended only this June as a result of clogged dockets and lack of manpower. At one point, the Kabacan, North Cotabato RTC which handles the Martinez case had to share a judge with another province’s court.

Some solutions

In an open letter dated April 18, the Freedom Fund for Filipino Journalists together with the National Union of Journalists of the Philippines, the College Editors’ Guild of the Philippines, the Manila newspaper BusinessWorld, and selected faculty members of the University of the Philippines-College of Mass Communication asked Pres. Benigno Aquino III “to show political will to put an end to impunity and to launch the presidential initiatives needed to begin the process of change.”

Press freedom groups and human rights organizations have proposed reforms in the criminal justice system. These groups have called for amendments to the Revised Penal Code and the Rules of Court and the Witness Protection Program law. Continuing training for police investigators and prosecutors in forensic and evidence-gathering has been proposed.

Many challenges

Impunity is just one of the many challenges the Philippine press faces as it tries to fulfill its duty as citizen watchdog. Issues of access to information, self-censorship, prior restraint and libel still haunt the Philippine media. But, hopefully, the campaign to end impunity and defend press freedom will produce results during the administration of Aquino, who, together with former media practitioners in his Cabinet, has promised to support a free press and the people’s right to information.
For more information visit:
http://www.cmfr-phil.org/2011/07/07/impunity-update/

Review civil servants’ pay

Kampala 18/07/2011,OVER the last two months there has been agitation by the civil servants for salary increase. Teachers, doctors and government accountants are all up in arms over the failure by the Government to give a realistic pay.

Concerns about the low salaries follow the runaway inflation rate which has wiped out the pay of low income earners.

Food and fuel prices have registered the highest prices ever. The current salaries cannot match the high commodity prices.

Apart from announcing a forensic, audit of the government salaries and slashing some allowances, this year’s budget did not offer civil servants any reprieve. While the budget priority areas are employment creation, especially for the youth and women human resource development, the much anticipated improved service delivery cannot be realized without addressing the issue of pay distortions.

Low pay stimulates corruption in public service leading to under-the-table deals for survival. But Government should not to fall in the trap of giving ad hoc pay adjustments to some categories of public servants. Instead, it should go for a comprehensive pay reform package, equitable to all civil servants. Research has found out that enhanced pay is crucial to sustaining motivation, performance and integrity of public servants.

There is evidence from all around the world that government workers either cut back their productivity or hours of work when salaries are low. Therefore, there is need for a review of the salaries of public servants to match the current cost of living.

The gap between the highest and lowest paid skilled civil servants should also be narrowed to enhance efficiency. The review of salaries of public servants under a new pay reform policy promised by President Yoweri Museveni in his State-of-Nation address should urgently be implemented

editorial page
http://www.newvision.co.ug

Minority women deliberately targeted for rape and other violence – new global report

Women from minority and indigenous communities are targeted for rape and other forms of sexual violence, torture and killings specifically because of their ethnic, religious or indigenous identity, Minority Rights Group International says in its 2011 annual report launched today.

In the flagship annual publication, State of the World’s Minorities and Indigenous Peoples 2011, MRG documents cases from across the world showing how women from minority and indigenous communities often face disproportionately higher levels of violence and are targeted for attack in situations of conflict and in times of peace.

‘Discrimination against minorities worldwide is time and again experienced by women as physical violence,’ says Mark Lattimer, Executive Director of Minority Rights Group International. ‘In war and in peacetime, minority women are singled out for rape because they are less protected and less able to complain.’

The report cites cases from situations of armed conflicts, including Iraq, Afghanistan, Somalia, Sudan, Democratic Republic of Congo, Sri Lanka, Colombia, Guatemala, Kyrgyzstan and Burma, where women from minority and indigenous communities have suffered systematic sexual and other violence specifically because of their ethnic, religious, tribal or indigenous identity.

During the inter-communal conflict in Kyrgyzstan, in June 2010, ethnic Uzbeks reported widespread rape and sexual violence. In Iraq, Christian and other religious minority women have been forced to wear a head-scarf to protect themselves from violent attack, the report says. In Somalia, Bantu and other minority women suffer rape, including by police officers, in an environment of almost total impunity for the perpetrators. In North and South Kivu, in the Democratic Republic of Congo, Bambuti Pygmy women have experienced an epidemic of rape and extreme sexual violence throughout the long-running conflict.

In many of these countries rape has been used as a tool of war against women from minority communities.

In several countries – Iraq, Somalia, Sri Lanka and Colombia - minority women form a disproportionate number of those displaced due to conflict. In Colombia, a majority of displaced Afro-Colombians are women, many of whom head households, and face violence and sexual abuse from government forces and guerrillas.

Minority and indigenous women are in particularly vulnerable positions because they often come from poor socio-economic backgrounds and live in remote areas. They have little access to justice and in many cases face discrimination from the police and the judicial system because of their minority status and because of their gender.

In India, for instance, Dalit women experience multiple levels of violence due to caste, class and gender. They face killing, rape, gang rape and custodial torture on a daily basis, across the country, the report says.

In Uganda, in a study conducted by MRG in 2010, 100 percent of women from the Batwa community said they experienced physical violence and in many cases it was ongoing. According to the report, in the UK, there have been increasing reports of violence against Muslim women who are more easily identified by the head scarf they wear.

Like other women, minority and indigenous women also face violence from within their own community or their own families. Poverty, low literacy and social and economic marginalisation are some of the factors that contribute to the incidence of domestic violence within minority and indigenous communities. In Canada and Australia, according to the report, the limited available data show high levels of violence against women within indigenous groups, but there are indications that complaints from such women are treated less seriously by the authorities.

The report makes a strong case that, despite the levels of violence faced by minority and indigenous women, many of them are fighting for their rights to be recognised, and demanding justice.

‘Women are not just the victims of violence, they are also its leading opponents,’ says Shobha Das, Director of Programmes of Minority Rights Group International. ‘In many countries the struggle to stamp out sexual violence against minorities is being led by minority women activists themselves, sometimes at serious risk to their own safety.’

‘Much has been achieved over the last decade to highlight the scourge of violence against women around the world. But development agencies, governments and human rights activists need to realise that not all women face the same obstacles, and that violence against women often has a particular ethnic or religious dimension,’ Lattimer says.

For more information or getting a copy of the report or to arrange interviews please contact:

In London
Farah Mihlar
T: 00442074224205
M: +447870596863
E: farah.mihlar@mrgmail.org

In Kampala
Mohamed Matovu
+256 312266832 (Office)
+256 782748189 (Cell)
mohamed.matovu@mrgmail.org

Government passes Access to Information Act regulations

Kampala, 3rd/June/2011; the much awaited Access to Information Act (ATIA) regulations have finally been passed by government.
The regulations are meant to operationalize Access to Information Act passed by the parliament of Uganda six years ago.
Although the regulations indicate that they were signed by the former minister of information Princess Rwabwoni Kabakumba Matsiko on 10th/ March/2011 and published in the gazette late April 2011, this development has remained a secret.
Article 41 of the Constitution of the Republic of Uganda states that “every citizen has a right of access to information in the possession of the state or any other organ or agency of the state except where the release of the information is likely to prejudice the security or sovereignty of the state or interfere with the right to the privacy of any other person”
Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that accessing information in public offices is likely to remain a challenge since the regulations have not yet been availed to the general public as well as government departments which are supposed to process information requests despite rumors of signing them.
Sources indicate that the regulations were leaked to Civil Society Organisations in Uganda late last month (June) that have been circulating them to different players including members of the public.
“We applaud government for signing and gazette the regulations to facilitate the full enjoyment of the right to access information. Although the law has its own loopholes but we are optimistic that it will go an extra mile to reduce on the number of journalists in Uganda who have been accessing information from back door” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala
He said the practice had resulted into compromising the security of journalists who are on charges ranging from forgery, and others being kidnapped.
The regulations have come at a time when Uganda is hosting the continental body Africa Freedom of Information (AFIC) and also Civil Society Organisations have formed a coalition named Coalition on Access to Information (COFI) housed at Human Rights Network –Uganda (HURINET) to popularize the law and promote transparency and openness in government.
As part of popularizing the ATIA, HURINET has organized a Training of Trainers (TOT) for 30 people from CSOs scattered in all regions of Uganda. The TOT was intended to create resourceful people in ATIA to play a facilitative role.
“We are trying to create a pool of experts so that members of CSOs and the public make use of them to access information” said HURINET Advocacy, and Information officer Patrick Tumwine.
HURINET has put in place a litigation fund to respond to information denial.
For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com

Journalist assaulted by a mob.

Mbarara, 1st/07/2011, Amosias Ayebazibwe, the correspondent of a daily tabloid, the Red Pepper publication based in Mbarara has been assaulted for covering a demolition of a house belonging to a window identified as Asiimwe.

He was assaulted by a mob led by Jackline Nzaare, the wife of Mr. Cox Nyakairu, who is the Kabale Resident District Commissioner (RDC). They were demolishing a house of a Widow Monica Asiimwe whom Nzaare was accusing of grabbing her piece of plot.

An RDC is president’s representative at district level responsible for monitoring the implementation of central and local government services among other roles as per Article 203 (3) of the Constitution of the Republic of Uganda.

RDC Nyakairu early this year was also reported harassing journalists in Kabale district over a story which alleged that he pulled out a gun at a UMEME staff that had gone to his residence to disconnect power due to accumulative bills.

Ayebazibwe said he was called by his editor to go to Nyamikyabora Ward in Mbarara Municipality to cover a scuffle involving demolition of a house. He said "when I began taking pictures, one of her men alerted Jackline Nzaare that am a journalist, she immediately ordered for my arrest and all of a sudden a mob pounced on me confiscating my camera and phone.”

Ayebazibwe then ran for dear life and reported the matter to Mbarara police station leading to the arrest of three suspects who were briefly detained and later released on police bond.

When HRNJ-Uganda Monitor contacted the OC CID Mbarara Allan Tusiime confirmed the incident but added that police is investigating and the process is likely to be concluded soon and the matter will be taken to court.

“Our only fear is that parties involved in the case are politically powerful who are likely to compromise police in Mbarara but we want all involved in committing the violence be brought to justice and taken to court without delay.”

Ayebazibwe alleges that he’s living under pressure from fellow journalists in the area who pushing him to drop the case, saying that it will turn against him.

HRNJ-Uganda demand for the arrest of RDC’s wife Ms. Nzaare who ordered the beating and the case should be expeditiously investigated and taken to court.

For More Information Contact;
Human Rights Network for Journalists-Uganda (HRNJ-Uganda)
Kivebulaya Road – Mengo Kampala Opp. St. Marcelino Pre. School
P.O.BOX. 71314 Clock Tower Kampala
Tel: +256-414-272934 / +256-414-667627
E-mail: news@hrnjuganda.org
humanrajournalists@yahoo.co.uk
Website: www.hrnjuganda.org
BLOG: http://hrnjuganda.blogpost.com