29 November 2011

President must reject draft penal code, says ARTICLE 19

SOURCE: ARTICLE 19

(ARTICLE 19/IFEX) - Kigali, 28 November 2011 - In a legal analysis released today, ARTICLE 19 highlights how the Draft Penal Code for Rwanda is fundamentally flawed from a freedom of expression perspective. Both houses of the Rwandan Parliament have already approved the Draft Penal Code, and it is now awaiting the signature of President Paul Kagame before it becomes law. Presented with the option of either accepting or rejecting this law, ARTICLE 19 urges President Kagame to guarantee freedom of expression in Rwanda by rejecting the law and returning it to Parliament for redrafting.

"President Kagame now has the opportunity to demonstrate his commitment to freedom of expression by rejecting the Draft Penal Code for Rwanda," said Henry Maina, ARTICLE 19 Director for Eastern Africa.

"If enacted, this legislation will negate recent and pending media reforms to ensure the sector is independent, professional and sustainable. As such, it poses a serious threat to the protection of all other human rights in Rwanda," continued Maina.

ARTICLE 19 is seriously concerned about a number of provisions in this important piece of legislation that do not comply with international standards on freedom of expression, especially those relating to criminal defamation, protection of national security, access to reproductive health information and genocide ideology.

Offences in the Draft Penal Code, such as a number of severe criminal defamation penalties, invert international standards on freedom of expression and reputation and must be replaced with robust protection for freedom of speech. Several of these provisions provide heightened protections for officials, while others treat abstract nationalistic symbols, such as the national flag, anthem, or emblems and insignia as if they were people with reputations to defend. Criminal defamation provisions are always disproportionate restrictions on speech that have no legitimacy under international law.

The protection of national security and public order forms the basis of numerous other restrictions on free expression and association. These provisions restrict expression even where no connection to a national security or public order breach is demonstrated, and are therefore not necessary. Indeed, several of these provisions limit the freedom of individuals to discuss important aspects of public life; including military affairs and the Rwandan economy. Similar provisions also restrict the disclosure of state secrets and provide insufficient safeguards for journalists reporting on matters in the public interest.

Moreover, the Draft Penal Code even restricts women's access to reproductive health information, making it a crime to publicise information that may cause a woman to abort a pregnancy, even in circumstances where the Draft Penal Code provides that an abortion would be lawful.

Lastly, the Draft Penal Code entrenches provisions on "genocide ideology" that ARTICLE 19 had highlighted as weaknesses on several occasions since 2009. These provisions are extraordinarily broad, allowing the state to suppress discussion of history, politics and personal experience, particularly related to issues surrounding genocide. In addition, these provisions violate international human rights and humanitarian norms, and are likely to have an effect counterproductive to their purported aim.

In sum, ARTICLE 19 reminds President Kagame of his obligations under international human rights law, and urges him to renounce the Draft Penal Code.


For more information:
ARTICLE 19
Free Word Centre
60 Farringdon Road
London
EC1R 3GA
United Kingdom
info (@) article19.org
Phone: +44 20 7324 2517
Fax: +44 20 7490 0566
http://www.article19.org/

News paper headquarters raided by unknown assailants

Eddoboozi editor Eddie showing our HRNJ-Uganda researcher the vandalised office

Some of the staff of Eddoboozi paper outside the office

A window used by unidentified assailants to enter the building

Some of the items left behind by assailants

 

 

Some of the keys used by assailants to open different offices

Eddoboozi News Paper Headquarters that were raided today by unknown assailants

HRNJ-Uganda Alert: News paper offices raided, guard killed

Wakiso, 24^th/Nov/2011; Unidentified assailants have raided Eddoboozi news paper headquarters and vanished with property worth millions of Uganda shillings and killed a security guard named Fred Mabonga. The deceased was working with KPI a private security company in Kampala.

Eddoboozi, a bi-weekly Luganda news paper, located at Kyengera, Nsangi sub-country, Wakiso district was raided in wee hours of 24^th/Nov/2011 and the said assailants disappeared with vital documents and company computers whose number still remains unknown.  

Eddoboozi a pro-Buganda news paper was established in 2009 at the wake of the banning of open space studio radio programmes  (Ebimeeza) and closure of five private radio stations namely; Central Broadcasting Service (88.8fm, 89.2fm) Radio Ssuubi,  Radio Sapientia and Radio Two commonly referred to as ‘Akaboozi’. The paper stormed streets on 18^th/December/2009 and has written extensively on issues of corruption, politics, human rights abuses and Buganda Kingdom issues and concerns among others.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that this is the second attack on the paper in a period of two months. The first attack saw a security guard being chloroformed and injured by the assailants, but nothing was taken.

This is the third news paper to be raided in a period of two years after the Namanve based Red Pepper whose printer was burnt and Ggwanga News paper whose premises were raided by security operatives and four staffs were arrested. Since then, the paper has suspended its operations.

Sources told HRNJ-Uganda that the assailants used the widow to enter into the premises and moved straight to the administrator’s office where keys to all offices are normally kept.

The paper’s editor, Eddie Mukwaba Katende told HRNJ-Uganda that he learnt about the attack from one of his staff who was the first person to arrive at the office on that fateful morning.

“I rushed after getting the shocking news and upon reaching office, I found the body of the guard lying in a pool of blood. The attackers got the keys from administrator’s office and opened all offices. They took all computers totaling to over 80 in numbers which had stories prepared for the issue meant to come out on 25^th/Nov/2011. It’s a big loss to the company” said Mukwaba

He added that the stories they had prepared for were not different from those the paper has been publishing but he cannot rule out being witch hunted.   

By the time HRNJ-Uganda wrote this alert, police in Kyengera had started its investigation but nobody had been arrested in connection to the incident.

“We condemn the attack on the news paper but the police have to prove its usefulness to the citizens because no report regarding the past attacks on media houses has ever been made public including the Red Pepper and the Independent Magazine in 2008. The investigations have gone mute and we do not know in whose interest! With these new dimensions on the attacks on media houses, we also cannot rule out the involvement of the government because findings are concealed” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala

HRNJ-Uganda calls for a quick and open investigation into the raid of Eddoboozi and the release of reports undertaken in previous attacks.

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

   

Journalist receives new threats!

Kalangala, 23rd/Nov/2011: Barely two days after receiving death threats, Central Broadcasting Service (CBS fm) Kalangala district correspondent Ronald Ssembuusi has received an anonymous call threatening to take away his life.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) reported on 21^st/Nov/2011 about the death threats the journalist was facing after he reported about the disappearance of solar panels where the former Kalangala district boss Daniel Kikola is implicated.

Ssembuusi aired a story on the Buganda Kingdom radio on 17th/November/2011 which alleged that the former district boss is being investigated for his involvement in the disappearance of solar panels.

Over 80 solar panels were donated by the African Development Bank through the ministry of water and environment in 2010 to help in circulating clean and safe water in Kalangala Town Council. Unfortunately, about 40 (forty) are missing.

Following the intervention from the HRNJ-Uganda where meetings and telephone call conversations were made between police and Mr. Kikola, Ssembuusi reports that on 23^rd/Nov/2011 at around 11:30am he received an anonymous call telling him to back off his reporting about the disappearance of solar panel.

“Some body called me on a private number and it was a man’s voice. He alleged that he was calling from police. He said I would be kidnapped and my relatives or lawyers will not be able to trace my body in case I don’t back off from reporting on the missing solar panels” Said Ssembuusi

He has reported the matter to Kalangala police station and recorded a statement but still awaits police intervention.

Ssembuusi added that after getting the comment, he wrote the story and it was later aired which triggered the endless calls.

He has also reported that he has filed a case at Kalangala police station

HRNJ-Uganda once again calls upon police to intervene in ensuring the security of the journalist and expeditiously investigate the allegation and bring it to its logical conclusion.

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

Radio talk-show under threat

Kitgum, 21^st/Nov/2011; Kitgum based radio Mighty Fire talk- show host Stephen Komakech is under threats from district security officials over his journalistic work.

Komakech who doubles as a reporter is allegedly receiving threats from the Resident District Commissioner (RDC), Pagimu – Brigade Intelligence Officer (IO) and the District internal Security Officer (DISO) among others. The trio is accusing the talk-show host for airing programmes and news pieces that are critical to the government.

Human Rights network for Journalists-Uganda (HRNJ-Uganda) has noted that one of the stories the radio and the journalist have been instrumental in is the trial of Kitgum RDC Lieutenant Okot Santo Lapolo over corruption and abuse of office.

The Inspectorate of Government from September of 2011 has been investigating Lapolo over allegations that he diverted over 1700 pieces of iron sheets meant to be given to former internally displaced people in Northern Uganda to his personal gain.

Since 18^th/Nov/2011, Komakech has been receiving phone calls from security circles in the district summoning him for interrogation. Information obtained by HRNJ-Uganda indicates that on 19^th/Nov/2011, there were attempts to arrest Komakech and the radio’s acting manager but the plan was reversed due to absence of DISO and the Brigade IO in the District. 

Sources told HRNJ-Uganda that on the 14^th Nov 2011 Komakech allegedly survived being way-laid by assailants on his way after attending the trial of RDC Lapolo at the Anti Corruption Court in Kampala.

“I wanted to use the Night Bus back to Kitgum but at around 3:00, I received a call from security circles telling me that if I was at the Radio, I should leave because plain clothed security operatives had been dispatched to arrest me” Komakech said, he delayed his trip back to Kitgum to the following morning when he got the whole story of the sinister plot against him and his colleagues.

“A credible source within the Security told me that I would be picked together with my Acting Manager for interrogation and then the probability of returning is zero”. Komakech narrated.

Northern Uganda region has got two journalists namely; Patrick Otim (Mega FM) and Augustine Okello (Rhino FM) who are on remand in Luzira prison on upsetting treason charges. The duo was brought to court through habeas corpus.

When HRNJ-Uganda contacted the Intelligence Officer 401Brigade Captain Nathan Esebo, he instead questioned and asked whether we don’t know the reason why people get summoned by security! However, the Kitgum District Police Commander Nasur Oringa denied any involvement in threatening the talk-show host.

“We condemn in the strongest term possible the manner in which such public officials are using their office to intimidate and cause panic to the journalists and the entire journalism profession in the region. We are not surprised that the former war tone region has had two journalists languishing in prison on treason charges without being tried” said HRNJ-Uganda Board Chairman Robert Ssempala.

HRNJ-Uganda calls on the Uganda Human Rights Commission, United Nations Office of High Commission for Human Rights and appointing authorities of these officials to intervene, investigate the conduct of these district officials and take appropriate action once found guilty.

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

Journalist receives murder threats.

Kalangala, 21^st/Nov/2011: Central Broadcasting Service (CBS fm) Kalangala district correspondent Ronald Ssembuusi is reported to have received death threats from former Kalangala boss Daniel Kikola over a news story.

The problem stemmed from a news story aired on the radio on 17^th/November/2011 which alleged that the former district boss in being investigated for his involvement in the disappearance of solar panels.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has learnt that after the story was aired, Kikola called and invited the journalist to his home but he declined. Several calls followed and Kikola allegedly asked the journalist why he refused to go to his resident. As he was hanging up his last call, he allegedly threatened the complainant that something strange will happen to him.

Over 80 solar panels were donated by the African Development Bank through the ministry of water and environment in 2010 to help in circulating clean and safe water in Kalangala Town Council. Unfortunately, about 40 (forty) are missing.

Since 14^th/November/2011, police has been investigating officials who were allegedly involved.  Several suspects have been arrested and about 21 solar panels have been recovered.

“I called Mr. Kikola for a comment after coming across his name on the list of those police is supposed to investigate and he refuted allegations saying the solar panels at his home were among those donated saying he purchased them years ago.

Ssembuusi added that after getting the comment he wrote the story and it was later aired which triggered the endless calls.

He has also reported that he has filed a case at Kalangala police station

When HRNJ-Uganda contacted Mr. Kikola he confirmed calling the journalist but denied using threatening words. He outlined plans to drag the journalist to court for defamation.

“We welcome the initiative taken by the journalist for reporting the matter to authorities because many cases have gone unreported due to the inferiority complex amongst journalists in Uganda” Said HRNJ-Uganda Board Chairperson Robert Ssempala

HRNJ-Uganda calls upon police to expeditiously investigate the allegation and bring it to its logical conclusion.

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

Journalist being tried under a ghost charge

11^th/Nov/2011; Hearing of a case in which Uganda Record Managing Editor Timothy Kalyegira is accused of non-existing charges has kicked off with one witness taking a stand.

Kalyegira who has been under police harassment since Aug 3^rd 2010 is being tried at Kampala City hall Grade One magistrate court.

Since August 2010, Kalyegira has reported on bond at Kira road police station for more than 18 times.  Human Rights Network for Journalists-Uganda (HRNJ-Uganda) complained to relevant authorities which resulted into the file to be rushed to court.

Although the sedition charge which was preferred against Kalyegira earlier in 2010 and dropped but the content of the same offence is being maintained on the charge sheet including the “defaming the person of the president’.

Kira road police station CID chief Haguma Prima was the first witness to take stand on November 7^th 2011. As an investigating police officer, she did not state the offence Kalyegira committed rather narrated processes the accused underwent after the arrest including the house search.

She narrated that during interrogation the accused denied ownership of the website and the existence of the documents. That after the interrogation the accused was granted police bond and told to report the next day on the 4^th of August for further questioning.

“The accused did report on the 4^th wherein a search team proceeded to his home, in his presence and recovered exhibits which included 2 passports (B226638 and B0549160), a laptop and its power supply, a Warid internet modem, a Nokia mobile phone, a Warid Sim-card, 2 magazines (Uganda news records) and 2 letters in respect of the monitor dated 14^th and 15^th April 1994” said Haguma.

She added that all items were then marked and taken to the exhibit store with the exception of the laptop which was taken to the Police Information Department for expert analysis. The password for the laptop was obtained from the accused but access to his personal emails was impossible because police failed to hack in.

However, Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has discovered that there’s no stated charge against Kalyegira on the charge sheet which is before court.

One Atwine Innocent a complainant in this case, at one point in the statement accuses Kalyegira of publishing a magazine and later changes saying he (Kalyegira) printed on the website www.ugrecords.org materials found to be defamatory in nature.

The defence lawyer Ladislaus Rwakafuuzi challenged the trial of his client saying the charge sheet does not enunciate what exactly the accused did that defamed the person of the president.

“It’s very hard for the accused to defend himself when he does not know what he is said to have done. Prosecution witness 1 (PW1) used words like print, publish but she was not clear about what exactly the accused printed and published. In one statement, she said it’s the complainant who printed the documents and in another breath, she said that it is the accused who printed. These inconsistencies are confusing” Said Rwakafuuzi.

He asked court that the charges be dismissed for ambiguity or in the alternative, be amended to include what exactly the accused is said to have done.

Court fixed November 16^th 2011 as a date to decide whether or not there is a case to be answer by the accused.

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

Campaigns and Advocacy - Africa

8 November 2011

ACHPR urged to endorse African Platform on Access to Information declaration

SOURCE: Media Institute of Southern Africa

(MISA/IFEX) - November 3, 2011 - The 30th Anniversary of the African Charter on Human and Peoples' Rights, which was celebrated at the 50th session of the African Commission on Human and Peoples' Rights (ACHPR), saw the African Platform on Access to Information take the campaign a step further, calling upon the Commission to endorse the African Platform on Access to Information (APAI) declaration and September 28th as International Right to Know day.

Events preceding the session included the NGO forum organised by the African Centre for Democracy and Human Rights' Studies. Hundreds of civil society organisations attended the forum, where participants recommended a number of resolutions to be adopted by the commission. Amongst the resolutions, the forum called upon the Commission to recognise September 28th as International Right to Know day, as well as a call for an expansion of article IV of the Declaration of Principles of Expression in Africa to incorporate the principles of the APAI Declaration.

During the Session, which commenced on October 24th, a number of side events were organised, amongst which the APAI hosted a well attended side event which explained the practical importance of the APAI declaration, as well as how participants could further the campaign on a national level. The event was followed by a signatory event, with a number of organisations joining the hundreds of organisations from across the continent who have already pledged their support for the campaign.

The main purpose of the trip to Banjul was to place the declaration on the policy platform of the commission. On October 29th, a submission was made to the Human Rights Commission on behalf of the nine-member APAI working group. The submission reminded the commission that to date only ten countries have adopted access to information laws, despite the fact that many countries have joined the Extractive Industries Transparency Initiative, the International Aid Transparency Initiative and the Open Government Partnership.

In light of this, the group called upon the ACHPR to:

"Pass a resolution authorising the ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa to expand Part IV of the Declaration of Freedom of Expression in Africa to include principles of the APAI Declaration.

Pass a resolution requesting the AU Heads of State Summit of January 2012 to adopt September 28 as an International Right to Information day.

Urge AU member states to adopt and implement national Access to Information laws that comply with the APAI Declaration and the model law on ATI developed by the Special Rapporteur on Freedom of Expression and Information in Africa.

Pass a resolution requesting the African Union Summit of January 2012 to initiate an Experts meeting to develop a continental wide instrument on the right of Access to Information."

This event is yet another important step in advancing the promotion of access to information as a human right throughout the region. The Commission will pass their final resolutions on November 7th, and it is hoped that they will pass a resolution supporting this important initiative.

For more information:
Media Institute of Southern Africa
21 Johann Albrecht Street
Private Bag 13386
Windhoek
Namibia
director (@) misa.org
Phone: +264 61 232975
Fax: +264 61 248016
http://www.misa.org