Remarks by By Margaret Sekaggya Executive Director Human Rights Centre Uganda at Launch of the HRNJ-U Press Freedom Index Report 2013.

 

By

Margaret Sekaggya

Executive Director

Human Rights Centre Uganda

Plot 65 Luthuli Avenue P.O Box, 25638, Kampala Uganda EMAIL:info@hrcug.org, www.facebook.com/hrcug, www.twitter.com/hrcug, Tel :0414 266186

Journalists and the media continue to remain one of the most targeted groups of defenders all over the globe, and not just in Uganda. This report however elaborates in detail on the kinds of violations that journalists in Uganda faced in 2013, the persons responsible for these violations, the areas of specific target,and the lacuna's that exist within the Laws and operations of Uganda as a whole that have made journalists even more vulnerable  to threats that continue to evolve.

The report highlights a worrying trend by revealing the biggest perpetrator as police and further still that the violations by police have increased in number from 2012.It also includes other state actors such as the judiciary, Resident District Commissioners who are meant to safeguard the rights of all people including those of journalists who are the very same people that violate these rights. Committing the violations against journalists is not the only renunciation of their duty to protect the media freedoms, the failure to punish those that do so is equally as dire. The report notes that even state actors including the general public, media house owners and private companies do violate the rights of journalists.

It is important for Police and to clear the image that continues to be ruined by a few errant policemen, and this is where the internal mechanism of the Proffessional Standard Unit must actually perform its role, by imposing very serious sanctions on these officers that man handle journalists, destroy their property and commit all sorts of assault against them. The Courts must also be able to adjudicate on matters concerning violations against journalists and ensure that the non state actors and other perpetrators are held responsible.

The role of Parliament in ensuring press freedoms is key. The law can either be used to legitimize press freedoms or to curtail them. The report highlights some Legislation that has negatively affected media freedoms and the rights of journalists including the Public Order Management Act 2013,Uganda Communications Act 2006, among many that have given violators of these rights the lee way to do so, preventing  journalists from accessing news, or discussing important issues.

This has led to repercussions including self censorship inadvertently violating the public’s rights to access information.

OUganda should not forget its legal obligations under the international human rights instruments including the International Covenant on Civil Political Rights in Article 19, but also Article 29 of the Constitution of the Republic of Uganda. This report highlights the link between eroded respects of the rule of law, which makes it hard to hold perpetrators accountable.

The most recent closure of the Monitor, and red pepper news papers that has been termed the media siege shows a very limited understanding of the positive role that the media has in the development of society and the country at large. This report actually highlights this as one of the possible attributes to the increase in press violations.

In my reading of this report I have noted some important recommendations that will contribute to the realization of media freedoms.

·         It is important that the State to understand and appreciate the role of the media as a tool for development, democracy and social transformation instead of an enemy.

·         Violators of the rights of the journalists must be punished in order to deter any violations.

·         Parliament should refrain from enacting any laws that curtail media freedoms.

·         Government should respect its international human rights obligations and the Constitution of the Republic of Uganda that caters for the freedom of expression. Any derogation to the rights of journalists and the media to express themselves must be under law.

The State as the main duty bearer has a major role in safe guarding the rights of the media, however in order human rights defenders should also play a major role in sensitizing the authorities, policy makers and the general public on human rights issues including on the role and importance of the media in a democratic state. It is important that this is understood and appreciated by all Stakeholders as legitimate and valuable.

I hereby launch this report and urge all stakeholders to take heed of their roles regarding the promotion of media freedoms.

HRNJ-Uganda alert, security guard charged and remanded over assault and robbery of a journalist

Iganga, 22^nd/January/2014; Court in Iganga on 22^nd/Jan/2014 remanded a security guard, Kemba Azizi, 25 years of age, over alleged assault of a Red Pepper journalist, Solomon Hamala. This was after he denied charges of assault and simple robbery before the Iganga Chief Magistrate Susan Kanyange.

Prosecution led by Aryongo Josephine alleges that on 13^th/January/2014 Kemba together with Isiko Yakubu who is still at large, at Iganga Main Taxi Park in Iganga district, assaulted Hamala occasioning him grievous body harm and robbery of the journalist’s digital camera, cell phone and money. Hamala was following up on a story of a demonstration by kiosk owners against the intended demolition of their kiosks by the Iganga Municipal Council authorities.

Kemba -attached to Accurate Services Uganda Ltd, was arrested on the 16^th of January at about 06:00pm local time from his place of work at Walugogo Estate, Iganga Town Council and detained at Iganga Central Police Station. Another suspect, Isiko Yakubu who eluded police arrest, is still at large.

Hamala told Human Rights Network for Journalists-Uganda that the duo, on 13^th/ January/2014 assaulted him using a baton, bicycle rock and a stick in a scuffle that lasted almost 30 minutes. He was admitted at a nearby clinic in critical condition after sustaining deep cuts and wounds on his head, chest and fingers.

Kemba was remanded to Iganga government prison up to 05^th/ February/2014 when the matter will come up in court.

“We commend the police for carrying out the investigations and ensuring that the suspect was taken to court. The police should also ensure that Isiko is arrested and tried. This will act as a deterrent to other security agents who have severally assaulted media practitioners and blocked them from accessing news scenes.” Said Robert Ssempala, HRNJ-Uganda’s National Coordinator.

HRNJ-Uganda alert, Police have arrested a security guard over assaulted journalist

Iganga, 17^th/January/2014; Police in Iganga have arrested a security guard, who together with another one still at large, assaulted a Red Pepper journalist, Solomon Hamala on 13^th/January/2014 at Iganga Main Taxi Park in Iganga district, as he was following up on a story.

The suspect, identified as Kemba Azizi, 25 years of age, attached to Accurate Services Uganda Ltd, was arrested on the 16^th of January at about 06:00pm local ti

me from his place of work at Walugogo Estate, Iganga Town Council. He is being detained at Iganga Central Police Station. The other suspect, identified as Isiko Yakubu managed to elude police arrest.

Hamala told Human Rights Network for Journalists-Uganda that the duo, on 13^th/ January/2014 assaulted him at Iganga Main Taxi Park from where he had gone to cover a news story of kiosk owners who were demonstrating against the planned demolition of their kiosks by the Iganga Municipal Council authorities. He was admitted to a nearby clinic in critical condition after sustaining deep cuts and wounds on his head, chest and fingers. He said that in the process, he lost his digital camera, cell phone and money in a scuffle that lasted almost 30 minutes.

The Iganga CPS officer in charge of criminal investigations, Otuu Mathew confirmed the arrest, “Yes, we arrested him, let’s continue with investigations and see what we can do,” he told HRNJ-Uganda. This comes barely a day after HRNJ-Uganda complained to police for failure to arrest the suspects three days after the incident took place.

“The arrest is a good step towards pursuing justice for the victim journalist. The police should also try to arrest the second suspect. The investigations into the matter should be conducted thoroughly and diligently in order to have the suspects successfully prosecuted. HRNJ-Uganda commends the solidarity exhibited by the journalists in Busoga. We hope that this matter will be handled expeditiously.”

HRNJ-Uganda alert, security guards who assaulted a journalist to near death still free

Iganga, 16^th/ January/2014; two security guards in Iganga who assaulted a Red Pepper journalist, Solomon Hamala on 13^th/January/2014, are still at large four days after the ugly incident, much as the matter was reported to Iganga Central Police Station. The guards are attached to Acurate security services limited -owned by an Asian investor.

Hamala, a staff reporter with the Red Pepper -covering the Busoga East region in Eastern Uganda, sustained serious injuries on the head and back during the incident which lasted close to 30 minutes at the main taxi park. He bled profusely. He had gone to the park to cover a demonstration by kiosk owners against the intended demolition of their kiosks by the Iganga Municipal Council.

“Two armed security guards manning the park, after knowing that I was a journalist, started beating me using a baton, stick and a bicycle rock several times on the head. I tried to plead with them but they couldn’t stop until a good Samaritan came to my rescue. I sustained deep cuts on the head, hands and back as a result of the beating. In the process I lost my digital camera, cell phone and money.” Hamala told Human Rights Network for Journalists-Uganda.

He was admitted at Namu clinic along Ssaza road in Iganga district. He told HRNJ-Uganda that the police officer in charge of crime investigations at Iganga Central police station, Otuu Mathew told him to first produce witnesses before he could arrest the two security guards. “We cannot arrest the men before getting documents from witnesses. When we get documents, we will arrest the men.” Otuu told HRNJ-Uganda in an interview. The District Police Commander (DPC), Herbert Nuwagaba claimed not to know about the matter, “Am not aware of the incident”. The Uganda Police Force has for many years ranked as the worst tormentors of journalists in Uganda.

“HRNJ-Uganda is dismayed by the police’s conduct of failing to arrest the culprits in a matter that was reported to them, and medical form which described the assault as grievous harm was shared with them. Police must arrest the guards, investigate the matter and take the suspects to court in order to deliver justice to the journalist. Impunity must not be condoned by the police force which is supposed to ensure the safety and security of Uganda, including journalists as they carry on with their work.” Said the HRNJ-Uganda National Coordinator, Robert Ssempala

HRNJ-Uganda alert, Court adjourns a journalist’s assault and robbery case against a security guard.

Iganga, 5^th /February/2014; Court in Iganga has adjourned a case in which a Redppeper journalist, Solomon Hamala was allegedly assaulted by Kemba Azizi,  a security guard attached to Accurate Security Services Ltd.

Due to a high number of civil cases before her, the presiding Magistrate Sylvia Nvanungi could not hear all the criminal cases that had been slated for 5^th February 2014. She advised the complainant- Hamala to produce his witnesses on 20^th February 2014 the date on which the case was adjourned.

Hamala -a journalist with Red Pepper Publications was allegedly assaulted by Kemba Azizi and Isiko Yakubu who is still at large on 13^th January 2014. The journalist was covering a story of a demonstration by Iganga kiosk owners against the intended demolition of their kiosks by the Iganga Municipal Council authorities.

Last week, Isiko eluded police arrest when he disappeared from his hiding place ahead of the arrival by the police. HRNJ-Uganda, together with other area journalists are following up the matter, and urges the police to step up their efforts to arrest Isiko to face trial.