Constitutional Petition No. 53 of 2010 – The Ruling towards some of the Policemen of Mbabara after the actions of the weekend

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Press Release: The Criminal actions of the Uganda Police in stopping the FDC Public Rally in Rukungiri should be condemned (11.10.2015)

Uganda FDC 101015 P3 Rukungiri

The Democratic Alliance registers its strongest condemnation of the criminal behavior and conduct of the Uganda Police and its officers who stopped the FDC public rally in Rukungiri and arrested FDC leaders on their way to the rally on Saturday October 10, 2015.

Uganda is currently in an election season following the Electoral Commission’s publication of the elections roadmap early this year.

There can never be free and fair elections unless agencies of state such as the police and the Electoral Commission conduct their work in a non-partisan manner. All political actors must also have the freedom to recruit supporters and sell their policies to the public.

TDA is perturbed by this outright harassment of our members and leaders. FDC is a member of TDA in good standing. Dr. Kizza Besigye is a flag bearer of FDC and an eminent person in the Summit. Hon. Wafula Oguttu (MP) is not only a member of the TDA Summit, he is also the Leader of Opposition who deserve to be respected.

That’s why the stopping of the FDC rally and the arrest of its leaders should be condemned by all peace loving Ugandans. The humiliation of FDC supporters is a humiliation to all of us.

The FDC and other political parties have already demonstrated a track record of holding peaceful public rallies and events. It is only the Uganda police that continue to import violence into these public gatherings.

The Democratic Alliance will continue to argue its members to continue on a path of peaceful resistance to the current dictatorship until it is dismantled or it crumbles under its own mistakes.

We therefore stand in solidarity with FDC and its leadership colleagues. We shall remain unyielding in demanding that legitimate political activities receive the protection of the Uganda Police Force and other state agencies.

The Uganda Police has a constitutional duty to ensure that citizens exercise their liberties and freedoms as guaranteed under the constitution. They have opted to derogate from that responsibility and turn themselves into an instrument of regime protection.

In the coming days, weeks and months, the Uganda Police Force will have to make a choice: whether to remain an instrument of the current dictatorship or to be on the side of citizens, doing everything lawful to exercise their fundamental freedoms and liberties.

For God and My Country

Sheila Kawamala Mishambi
Deputy Spokesperson, TDA

October 11, 2015
Kampala-Uganda

A Weekend where the Police is creating havoc in Uganda and the FDC is the prey.

Uganda FDC 101015 P3 Rukungiri

It’s been two days since the 53rd Independence Day in Uganda. Yesterday was a day of mayhem from the Police against the political party of FDC. They trashed the cars and sent people who were going to the event in Rukungiri. On the road in the Greater Masaka area DPC Maximal Ogwang even put metal trenches to stop the cars. The pictures from yesterday tell its tale. The FDC  people that had issues with the police and also got into trouble because of their travels was Hon. Godfrey Ekanya, Hon. Patrick Amuriat, Fred Turya, Dr. Kizza Besigye, Hon. Amuriat Semujju and Hon. Kevina Taaka.

In Rukungiri this led to arrests of unnamed people who were a part of the organization who was setting up the equipment for the event and arrangement. DPC Wotwali just followed ordered from up high.

The day before the NRM had issues in another district. This after the NRM-Regime got in trouble with vote rigging. “Supporters of Mr Benon Matsiko Kyampa, who was contesting for NRM flag for Ngarama LC3 top seat stormed the sub-county headquarters where they abandoned their party cards protesting poll results announced by the sub-county registrar, Mr Robert Baingana, in favour of Mr Silver Kiiza”. This led to even rubber bullets and agony in the district. So the way the police is used to quell issues is really a pattern. Which lead to this: “The deputy RDC Isingiro, Mr Damiano Turyatunga, said they will investigate why police fired bullets and will ensure calm is restored in the area” (Mugume, 2015).

But let me go back to the troubles of the FDC:

And he did this because of this:

Press Release and Letter from the IGP Kale Kayihura

Later on the day the FDC men got released from the prisons they we’re put in. The worst was seeing the pictures of Fatuma Zaina was put on a truck and undressed in a display from the police that isn’t justified anywhere in the world.

In Rukungiri the people who were supposed to attend even went to the Police station to get the people freed from custody. The reports I have has said that even the people was jailed where freed after the reactions from the people in the town.

Museveni Gulu 091015

In the same time as this happen to the opposition the President Yoweri Kaguta Museveni said this in Gulu:

“It is that if the country is going into election, some ‘people’ threaten violence, Uganda has long passed that kind of nonsense that portrays backwardness” (…)”I thought in elections you just talk and convince people, but in any case you want to cause violence, we also know how we shall deal with you because we shall not tolerate it” (Makumbi & Ocungi, 2015).

So the actions happening in the rest of the country towards the FDC is in his own words backwards. IGP Kale Kayihura has gone back in time and dropped the knowledge of oppressive behavior and misuse of the Public Order Management Act (POMA). That is because the President himself must fear the power of the FDC since he even gets the DPC to destroy the cars of they have.

To an extent yesterday the Danish Ambassador of Uganda had to go to the police and got Dr. Kizza Besigye and other FDC members out of prison. That tells the dire straits of the lawfulness. The Police of Uganda even drove him back to Kampala after the incidents on the road from Rukugiri. The same day after similar incident his own car was towed to Lyantonde. Where it surely still is sitting since the Police destroyed and trashed a few cars likes of Hon. Ekanya and Hon. Wafula.

Today this Sunday the 11th October there been report that the once who got the FDC leaders out of prison in Lyantonde has themselves ended up in cells there. This people are FDC chairman in town Yusuf Matovu, Woman’s secretary of town Yudaya Naiga and Chairman of the Town-Council Richard Kayondo. The DPC in the area must be irritated man and need some love!

The brutality and sadness of reporting this! But somebody got to show the suspect behavior that continues into a brutality that is inhumane. The way they crashed the cars and undressed a certain FDC woman is insane!

Besigye 101015

Kizza-Besigye said”It’s very clear that the NRM and Museveni Police and Electoral Commission are intent on denying the opposition a chance fair chance to compete. This further underlines the fundamental importance of fighting for political reforms. It further shows why we must have a defiant campaign”.

I also will show back to something I even wrote a time back. Read this:

President Yoweri Kaguta Musveni Campaign of Fear

The must be a change from the Police and NRM-Regime. The way the FDC political leaders, men and woman of the political party treatment are dire and sadden. Nothing about the recent events is about justice and rule of law. IGP Kale Kayihura and his DPC have taken the levels of bullishness to another level.

What happen on the road and convoys of FDC personnel is just astonishing. The way the cars and upon cars with police in Rukungiri and the way they shut it down was insane. The warnings and arguments from the IGP is misuse of the POMA law. Amama Mbabazi must be sad the way he argued for the law a few years back.

Refering the POMA as this: “A short trip back in history will show that the POMA was designed in the heat of the Walk-to-Work (W2W) protests led by opposition leader Colonel Kizza Besigye. Besigye has thrice stood against President Museveni, with the latest controversial poll on 18 February 2011 being won by the incumbent. In a broad sense, the POMA can therefore be referred to as the ‘Anti-Besigye Act’ or the ‘ABA’, as it was clearly designed to tighten the grip of the Police and security forces in the wake of the protests which rocked the country in the aftermath of the election” (…)”Secondly, the ABA/POMA places an inordinate degree of discretionary power in the police, and specifically in the inspector general. This is obviously problematic because it makes the IGP prosecutor and judge in his own case, violating basic principles of natural justice. Thirdly, the law gives lower-ranking police officers the perfect excuse not to take action which supports human rights. Rather, they are encouraged to curtail them. Hence, the first words out of the mouths of officers charged with breaking up an opposition demonstration are: ‘I’m (simply) acting on orders from above’” (Oloka-Onyango, 2014).

POMA is used as the Anti-FDC law and give the token to Police to cross all levels of human dignity to against the opposition. The way this weekend has unfolded and the way the words has been said. Justice it’s not. Dignity isn’t something the NRM-Regime is showing to the world. The way and run up to the election will be violent. Not because the Opposition is gripping and being violent. It’s because the Ugandan Police Force is using rubber bullets, tear-gas and undressing woman in broad daylight. Also trashing cars and showing it’s true color. Museveni isn’t a man who can be proud of his loyal cronies. Since the actions are just dire and sad. The grips of power are now put into a state where the state is using the force and laws in ways that shouldn’t have occurred. This will light the fire of the opposition and give more energy to the struggle against the NRM-Regime. Not because the Opposition is always right. But because the NRM-Regime is so wrong and acting so insincere. There no justice in the vile attempt to secure peace.

The IGP Kale Kayihura and Yoweri Kaguta Museveni need a reality check. The recent events happen on their watch and the world is watching. People like me won’t accept that. Peace.

Reference:

Mugume, Chris – ‘Residents throw away NRM cards over vote rigging’ (09.10.2015) link: http://www.monitor.co.ug/News/National/Residents-throw-away-NRM-cards-over-vote-rigging/-/688334/2905272/-/pmw73q/-/index.html

Makumbi, Cissy & Ocungi, Julius – ‘No violence in 2016 election – Museveni’ (11.10.2015) link: http://www.monitor.co.ug/News/National/No-violence-in-2016-election—Museveni/-/688334/2907504/-/4chm5c/-/index.html

Oloka-Onyango – ‘Understanding the genesis and impact of recent legislation in Uganda’ (05.01.2014) link: http://www.pambazuka.net/en/category.php/features/91567/print

 

The UPF has trashed FDC cars and also blocked the planned FDC rally in Rukungiri

Uganda FDC 101015 P1

Police throws barricades at Hon. Ekanya’s car and these two cars ended up in a crush.

There is reports that the Local District Police Commissioner (DPC) Maximal Ogwang has done what he could in his district to stop a planned FDC rally in the area. He put thorns in the road. There been cars that was hit was the ones of Hon. Wafula Oguttu, Dr. Kizza Besigye, Hon. Ibrahim Nganda Ssemujju, Hon. Godfrey Ekanya, Hon. Patrick Amuriat and Fred Turya. Even a by-passer from a NTV and their car got also into issues because of this.

Uganda FDC 101015 P2

If that wasn’t enough there was even more reports that the police tried to stop the FDC men passing through Lyantonde. Hon Amuriat Semujju in Arested in police there. Hon. Kevina Taaka was also arrested on the road to the event. This was ordered from up high.

While this was happening in Rukungiri the organizers who was supposed to make ready for a rally was taken into custody by the police in the town. DPC Wotwali is surely a tool for the NRM-Regime and following orders from up high and that is IGP Kale Kayihura.

Uganda FDC 101015 P3 Rukungiri

The DPC Ronald Wotwali in Rukungiri said this yesterday:

“The law regulating public gatherings is very clear. Before anyone can hold a rally, he must seek clearance from the Inspector General of Police. They FDC leaders are telling us they have written a letter seeking clearance and as the Police, we will only allow the rally to take place until we receive a written clearance from the Police headquarters” (Etukuri, 2015).

The reports also says the IGP Kale Kayihura disallowed it because the FDC didn’t follow the Public Order Management Act (POMA), though the FDC organizers say they did comply the information to the authorities as they asks for before a public rally. Though the IGP doesn’t seem to be enough, laws are fitting well for the NRM, but even if the FDC tries to follow them. They get into issues with the law because the Police go against any kind of gathering of the opposition which has been the common action before this Presidential Election of 2016. Peace.

Reference:

Etukuri, Charles – ‘FDC Rukungiri rally hangs in balance’ (09.10.2015) link: http://www.elections.co.ug/new-vision/election/1343215/fdc-rukungiri-rally-hangs-balance

United Nations Security Risk Assessment of South Sudan by September 2015

df26UNMISS

Today is a day where I will discuss and show findings for certain UNMISS report that is from UN Department of Safety and Security (UNDSS) and UN Mission in South Sudan (UNMISS) its numbered: ST/SGB/2007/06. It is the United Nations Security Risk Assessment – South Sudan. It was approved 11th September 2015! And here are some interesting findings. I think the quotes speak for themselves!

“Following the onset of the conflict in December 2013, UNMISS could not fully perform its mandate given it under Security Council resolution 1996 (2011) because of the security situation and the need to maintain impartiality. Subsequently, Security Council resolution 2155 (2014), 27 May 2014, fundamentally shifted the basis of UNMISS’ mandate from support of the Government in capacity-building in traditional UN peacebuilding areas to four key areas. In the line with the UN Security Council resolution 2223 (2015), UNMISS activities are:

  • Protecting the Civilians
  • Monitoring and investigating human rights
  • The Creation of conditions conducive for humanitarian assistance
  • Supporting the implementation of the Cessation of Hostilities Agreement” (UN SRA SS P: 2-3).

“Despite the attacks on the Akobo CSB and the BOR PoC in April 2014, that were more linked with the ethnic based targeting of South Sudanese sheltering within UN premises, generally speaking the UN is not a primary target for hostilities. Moreover, the UN is more often caught in crossfire during armed conflict and access is affected as a result of armed conflict. This will continue to be a risk”(…)“The fact that UNMISS hosts over 166,000 Internally Displaced People (IDP) increases the UN’s operational risk profile and reputation” (…)”PoC sites are volatile with the potential that the high level of tension amongst the IDPs may spill over in violent clashes. Staff members are therefore at a higher risk working within these sites” (UN SRA SS P: 3).

“The armed conflict, which is now in its second year, followed last year’s pattern where the dry season was fighting season enabling forces to take control of vast areas of the country. During the rainy seasons (July-Nov) the roads become impassable curbing direct clashes for the period. Even with the IGAD peace agreement signed in Juba on 26. August 2015, assessment is that the country security situation in 2015/16 will remain unsecure” (UN SRA SS P: 4).

“Currently there is no mainstreaming of Security within the UN activities/ programmes. Therefore, the policy that defines that security needs to be involved at all levels of management to ensure security is considered/ mainstreamed into all the activities or programmes is not applied, specifically in UNMISS” (…)”Maintaining security training would enhance the functional expertise of all international and national staff although programme managers would need to receive training in order to learn the identity inherent and associated risks in a timely manner” (UN SRA SS P: 5).

Peace Operation: To help implement the mandated tasks, UNMISS will consist of a military component of up to 12,500 troops of all ranks and a police component, including appropriate Formed Police Units, up to 1,323 personell” (UN SRA SS P: 9).

“Humanitarian programme assessments have indicated that, as the violence deepens, the humanitarian needs and risk to aid workers increases. 27 aid workers are presumed to have been killed in South Sudan since December 2013 and over 150 NGO staff are unaccounted for” (…)”In Juba, there have been a growing number of armed attacks against humanitarian compounds” (UN SRA SS P: 10).

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“At the height of the conflict large numbers of people split over the borders into neighboring countries seeking refuge in Ethiopia, Uganda, Sudan, Kenya and Abyei; these numbers stand at approximately 510,000 individuals” (UN SRA SS P: 13).

“The increased risk specifically in Malakal and Bentiu would require an increase in the deployment of security staff and expansion of the collective security posture” (…)”As the rains of 2015 began to cut off supply lines, military offensives increasingly used riverine methods of transporting goods and fighters to the frontline. The method of delivery was also being used by humanitarian agencies to transfer large quantities of food to communities in need. In April 2015 a barge convoy hired by UNMISS to carry food and fuel supplies for the base in Malakal was attacked by RPGs and small arms fire , injured four persons. In July the government gave strict warnings that all river transportation should stop, further restricting aid delivery around the country. In September there have also been reported incidents of alleged attack on government owned barges and gunboats in Upper Nile State, the SPLA-io claimed responsibility ahead of verification” (UN SRA SS P: 14-15).

“Since the beginning of the conflict (December 2013) until June 2015, there were a total of 594 security incidents involving IDPs in UNMISS PoC sites. Cases include serious assaults, civil unrest, mob violence, robbery, death threats and harassment, and several locations have also recorded serious disruption to humanitarian operation” (…)”Continued accusations by the government actors or affiliates that the PoC sites are a sanctuary for supporters of the SPLA in Opposition also make the PoC sites a target; this point was actively demonstrated in the attack in the Bor in April 2014 resulting in the death of 55 IDPs within the UNMISS site. Similar incidents have occurred near PoC sites in Juba, Bentiu and Malakal” (…)”An outbreak of cholera started in South Sudan on 18 May 2015 reaching total of 1718 cases [dates 4 September 2015], this rapid spread is largely affecting areas of the state capital Juba and also a separate smaller spread in Bor. One death have been reported at the PoC site in Juba with a total of 76 cases of people who contracted cholera inside the site” (UN SRA SS P: 16).

UNMISS Report P16

“UNSMS will have to work much closer with the GoSS security agencies to ensure an improved  security response to UN security related incidences” (…)”In Juba a “blue zone” was implemented to manage the locations which were approved by UN security for International UN staff to reside in based on accessibility to the area, crime rates and distance to UN base in case of relocation and emergencies” (…)”Where the UN has a presence Operational Zones have been created where security clearances are not required in all main urban areas to allow for improved access. This approach is underscore by risk management as opposed to a risk adverse approach, this concept needs to be maintained and where possible further enhanced or monitored” (UN SRA SS P: 17).

The disruption in oil revenues and devaluation of the currency as a result of the fighting has had a detrimental effect on the already weakened economy; government, civil servants, armed forces and police are having their salaries delayed. The breakdown in social infrastructure has reduced employment opportunities; creating desperation which has translated into crime” (…)”For example, the on-going cattle raiding and inter-clan revenge clashes that has been served in retaliation have devastated Lake States” (…)”Government officials have sometimes exacerbated tense situations with alienating remarks on their perception of the UN, often with accusations that the UN is favoring one side over the other within the conflict itself” (UN SRA SS P: 19).

Animosity grew when the government made accusations that the UN was harboring rebels within its Protection of Civilian (POC) sites. Direct and veiled threats to attack POCs became widespread” (…)”The effect of this was in April 2014 when “armed youth” attacked the UNMISS base in Bor resulting in the deaths of 55 IDPs and injuring many others including UN peacekeepers” (…)”On 26 August 2014 under suspicious circumstances a UN contracted helicopter crashed near Bentiu in Unity State, killing three (3) aircrew and injuring one (1) other underlining the threats involved in working within South Sudan. Investigations into the cause of the crash were inconclusive” (…)”In the middle July 2015 there are approximately 166,142 people saying in seven (7) UNMISS bases (UN SRA SS P: 20).

“There is also notable internal political  friction between the Central Government and the Equatoria States who have been calling for the greater autonomy via a federal government system. This has lead to local Equatorian communities feeling threatened and evacuating their families from the area” (…)”In Jonglei state” (…)” During rainy season in 2014 there were major skirmishes between the SPLA and SPLA-io reported in Jonglei. The SPLA-io has continued to threaten to fire upon aircraft flying in the areas, which were seven of the eleven counties during this period; the last threat was on 17 July 2014” Upper Nile” (…)”Several major clashes between the SPLA and SPLA-io have occurred; during one heavy exchange some stray bullets entered the UNMISS camp killing and injuring IDPs and causing structural damage to UN resources. All UN personnel remain concentrated in UNMISS camp including several agencies who had to abandon their own compounds” (…)”Unity State” (…)”To the west of Bentiu, UN staff previously based in the former Mayom UNMISS County Support Base (CSB) regularly were “caught in cross fire” incidents when the parties to conflict attempted to take control of the strategically important town, which is principally inhabited by Bul Nuer. UN Mission and Agencies Funds and Programme (AFP) staffs have become the target with regular ambushes, the demand for their trucks, and/or fuel and the forceful attempt to board UN flight by military” (UN SRA SS P: 22). “Also in the Upper Nile UNICEF reports that 89 boys were forcibly recruited by an unnamed armed group in late February 2015. They were takin in an area currently under government control, which is defended by government-allied Shilluk militia commanded by Maj Gen Johnson Olony” (…)”There are reports of an LRA attack in Western Equatoria State in March 2015 when one person was killed, the village was looted and eleven people were abducted but four were later released. This resuming of LRA attacks has increased fear amongst the population as the last attack in the 2012” (UN SRA SS P: 23).

“The oil pipelines exit South Sudan in both Unity and Upper Nile State, oil is refined in Sudan before being exported. The potential loss of oil revenues affects both nations so good trade relations’ remains key to maintaining income” (UN SRA SS P: 23).

Currently the flow of refugees is affecting both countries as fighting affects the communities and so they move on, in Sudan the fighting in South Kordofan has created an influx of refugees into South Sudan and the fighting in northern Unity State in South Sudan has meant many refugees travelled north to refugee sites within Sudan” (…)”Cross border grazing & migration rights also areas of dispute as they host well-armed Sudanese Misseriya cattle herders who move around South Sudan in search of feed for their animals” (UN SRA SS P: 24).

South Sudan lacks an adequate air traffic control system, countrywide. The government took control of the country’s airspace from Sudan in 2011, but to date has not issued any “Notice to Airmen” (NOTAMs), There are areas, however, that the government has declared a “no fly zone” (i.e. over the Presidential Palace in Juba), suggesting that the government reserve the right to fire upon an aircraft that violates this airspace” (UN SRA SS P: 25).

UNMISS Report P24UNMISS Report P25

“Use of the River Nile for transportation of UN supplies and fuel has proved difficult with the government threat against all river travel by humanitarian agencies. With military supply vessels regularly travelling the river to the frontline it is not a safe option for delivery of humanitarian provisions” (UN SRA SS P: 26).

Communicable diseases in South Sudan constitute a major cause of morbidity and morality largely due to the limited access to clean water and sanitation being extremely poor with open defection rates, which reaches 60% in urban areas and 80% in rural areas” (UN SRA SS P: 29).

Salva Kiir Cartoon

“In regards to infrastructure, the entire country remains underdeveloped. Road and air mobility is seriously jeopardized especially during the rainy season where whole regions are cut off. Electricity, food and clean water supplies are scarce and seriously impact UN operations in remote duty stations” (…)”Due to poor road conditions in both dry and rainy season and lack of infrastructure there is a heavy reliance on UNMISS and UNHAS air assets for the delivery of humanitarian aid” (UN SRA SS P: 30).

“The existing EU sanctions delivered in July 2014 had little impact on the de-escalating of the crisis, however further extensive UN sanctions were delivered in a tough UN Security Council Resolution on the 3 March 2015, the decision affects individuals through the freezing of their bank accounts and travel bans will affect all players who do not work towards peace and security. There is also an African Union (AU) report which has investigated human rights abuses last dry season which is completed but yet to be published” (UN SRA SS P: 41).

There is an increase of visible signs of South Sudan being a failing state: there is no free media, intimidation, by government security is commonplace, economy close to collapse and lack of provision or accountability of the civilian population by the state with most funds diverted to fund the war effort. Law and order is collapsing too, in some states wages have been stolen or simply delayed for months on end, in urban area reports of police becoming active criminals, local courts do not function and reports that crimes are committed due to perpetrators acting with impunity” (…)”Large numbers of IDPs rely on the security of UNMISS peacekeeping forces for their protection, however crowd control measures can never maintain order if the IDPs turn on their protector if the tensions rise inside the confines of the POC sites, the numbers are simply overwhelming” (UN SRA SS P: 42).

South Sudan Cartoon

Afterthought:
It is all worrying even with the Peace Agreement between the SPLA/M and SPLA-IO which signed a deal with amendments and tokens taken off. The worrying path is the records and analyses that the UN and UNMISS is delivering in this report. The numbers of people that are fleeing from South Kordofan in Sudan and the ones fleeing South Sudan to neighboring countries like Ethiopia, Uganda and DRC is massive! Should be worrying and the way the air-space is not secured. Also the reports on how the seasons are changing and making it difficult to spread necessities like food through air should be seen as a GIANT sign that something has to change. Infrastructure that is gone during rainy season and the air-drops has to happen for no open roads. River Nile isn’t safe and is in the front-line and dangerous travel with transportation of necessities though that path.

There are the issues with the skirmishes in different areas and also military assaults in the various states. Both between SPLA and SPLA-IO but they are not alone. There other military groups making it worse, also the report of even LRA has done damage in the country. Those also innocent children have been abducted and all the weakness of the security issues together with the fractions inside the SPLA making the reports and data on the ground more worrying.

On top of it all the sanctions that has been put on the Government of South Sudan and it hasn’t hit the ground running, but been useless and if it does anything it’s been just a certain individuals that has lost bank accounts, but it hasn’t stopped the fighting or stopped small-arms coming to the country!

There is so much more I could have put into ink and discussed because its powerful to see what the UNMISS is writing and discussing in the report. I have taken what I seen as main issues and fresh insights. I am sure somebody else would have taken more of the context and background into it, but that you can read somewhere else. Peace!

Reference:

United Nations Security Risk Assessment South Sudan – September 2015 – UN Department of Safety and Security (UNDSS) & UN Mission in South Sudan (UNMISS) – Approved 11. September 2015 – (Given out 15.09.2015)

ICC-CPI-20150910-PR1148: Ongwen case: Pre-Trial Chamber II recommends holding the confirmation of charges hearing in Uganda; ICC Presidency’s decision to be made in due course (10.09.2015)

Ongwen

Situation: Uganda
Case: The Prosecutor v. Dominic Ongwen

On 10 September 2015, Pre-Trial Chamber II of the International Criminal Court (ICC) recommended to the ICC Presidency that the hearing on the confirmation of charges against Dominic Ongwen, be held in the Republic of Uganda. The ICC Presidency will now consult with the Ugandan authorities and make a decision on this matter, in consultation with the Pre-Trial Chamber, in due course.

The confirmation of charges hearing in respect of Dominic Ongwen is scheduled to commence on 21 January 2016 and is expected to last three to no more than five working days. The confirmation of charges hearing is not a trial. It is a Pre-Trial hearing held to determine whether there is sufficient evidence to commit the case for trial before a Trial Chamber.

The Chamber considers that it would be desirable and in the interest of justice to hold the confirmation of charges hearing in Uganda, preferably in Gulu as this location is the closest to the location of the alleged crimes, or alternatively in Kampala. Also, the Chamber is of the view that the hearing on the confirmation of charges is well suited to achieve the ultimate purpose of holding proceedings away from the seat of the Court, as it is a short, self-contained, discrete procedural step. In addition, the Chamber considers that the estimated costs of organising the confirmation of charges hearing in Uganda do not appear disproportionate.

Prior to making this recommendation, the Chamber received an assessment of the ICC Registry as to the possibility of holding the confirmation of charges hearing in Uganda, as well as submissions of the Office of the Prosecutor and the Defence both in favour of attempting to bring the Court’s process closer to the communities affected by the alleged crimes.

Pursuant to Rule 100 of the Rules of Procedure and Evidence, where the Court considers that it would be in the interests of justice, it may decide to sit in a State other than the host State, for such period or periods as may be required, to hear the case in whole or in part.

dominic_ongwen_and_icc__dr_meddy

Background:  Dominic Ongwen was the alleged Brigade Commander of the Sinia Brigade of the Lord’s Resistance Army (LRA). On 8 July 2005, ICC Judges issued an arrest warrant against Mr Ongwen for 3 counts of crimes against humanity (murder; enslavement; inhumane acts of inflicting serious bodily injury and suffering) and 4 counts of war crimes (murder; cruel treatment of civilians; intentionally directing an attack against a civilian population; pillaging) allegedly committed on or about 20 May 2004 at the Lukodi IDP Camp in the Gulu District. On 16 January 2015, Dominic Ongwen was surrendered to the ICC’s custody and transferred to the ICC Detention Centre on 21 January 2015. His initial appearance before the Court took place on 26 January 2015.

 

Amama Mbabazi had a plan to have a consultation meeting in Jinja that got spoiled by the UPF

http://www.youtube.com/watch?v=3LJzgsejG4U

Jinja Mbabazi

The Government of Uganda and its security forces goes wild again in the Eastern town of Jinja. When Amama Mbabazi tries to have yet another consulting meeting in another town, we all know that there was issues with meeting in Soroti. Today the UPF went ballistic literally in Jinja. Which isn’t very democratic, and the Electoral Commission is objective the consultation meetings while the Museveni can do the same thing for some strange reason. Who wonder what he does before he went to eat sushi in Tokyo?

Jinja Police 10915 P1

One report:

“The Regional Police commander, Edgar Nyabongo, said they will not allow Mbabazi to hold a rally. The former premier is set to hold a consultative meeting at Kakindu and later address a rally at Kazimungu industrial park” (NewVision, 2015).

Jinja Police 10915

A well written timeline of the events transpiring today:

“2:14pm Mbabazi is 3km away from Jinja:

Jinja town is awaiting the arrival of former prime minister and presidential aspirant Amama Mbabazi. Mbabazi who left Mbale town in the morning is about to reach Jina. However, the road entering Jinja from Iganga has been blocked by the Police. Traffic is slowly building up as the vehicles are forced to use a narrow area the Police has left for the other road users. There are groups of people at the roundabout, occasionary shouting out at the Police’s decision to block Mbabazi. We are following his convoy, which is under the escort of Police” (Kirya, 2015).

“2:54pm Police clashing with Mbabazi supporters:

Mbabazi has arrived at his meeting venue, Kazimingi Industrial grounds with hundreds of supporters. He has been received by the Police and told he cannot use it. After a heated exchange between supporters and the Police, the Police fires tears gas and is still trying to disperse the crowds. The convoy is now moving towards Zamo Hotel, about a kilometre away. Mbabazi entered the town using a different route despite the fact that the highway had been blocked” (Kirya, 2015).

“4:00pm: Mbabazi bodyguards clash with Police:

Mbabazi convoy is still heading to another venue after he was blocked from using Kazimingi Industrial Park. After a heated exchange between Mbabazi and Kiira regional Police commander Edison Nyabongo, Mbabazi left for Zamo Hotel. However, the RPC had a fist fight with Mbabazi bodyguards and their leader Christopher Aine was briefly held before being released back into Mbabazi’s vehicle as they snake through the heavy jam to the meeting venue (Kirya, 2015).

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Other reports from what happen at the spot:

“Most of the residents fled towards the maize mills while others scattered towards Jinja Central Market, where they remained watching what was transpiring at a safe distances. Mbabazi closely watched was happening from the roof on his vehicle while raising his ‘go forward’ symbol” (…)”One of Mbabazi’s guards known as Aine was arrested while another was shot in the leg. This morning, David Kyasanku, the Jinja Town Clerk asked Mbabazi to look for alternative venues saying both Kakindu Stadium and Kazimingi were unavailable” (…)”Heavily armed Police officers led by Haruna Isabirye, the police director operations and Edgar Nyabongo, the Kiira Regional Police Commander intercepted Mbabazi at Lubogo road on his way to Travel Hotel” (URN, 2015).

I think the reports and letters was interesting, right?

The world should know more about what is happening in Uganda, right?

Peace!

Reference:

Kirya, Donald – ‘Mbabazi in Jinja’ (10.09.2015) link: http://www.elections.co.ug/new-vision/election/1000571/live-police-assures-mbabazi-security-indoors

NewVision – ‘Police ‘force’ Mbabazi out of Mbale’ (10.09.2015) link: http://www.newvision.co.ug/news/673213-police-force-mbabazi-out-of-mbale.html

URN – ‘Police disperse Mbabazi supporters in Jinja’ (10.09.2015) link: http://www.observer.ug/news-headlines/39791-police-forces-mbabazi-out-jinja-disperses-crowd

 

Uganda – UPF Press Release on the Amama Mbabazi Illegal consultation meeting in Soroti Town today (09.09.2015)

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Uganda – Reports on the Amama Mbabazi’s consultation meeting in Soroti; Where the UPF had an oppressive behavior and they used teargas as well.

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Yet another day in the wilderness for Amama Mbabazi, the former weapon brother of Yoweri Kaguta Museveni who wishes to surpass him and become the president of the country from 2016. The reports saying even though Amama Mbabazi has sent in all the forms and letters recommended by the Electoral Commission, still the UPF harass the rally or consultation that was held on the Boma Ground.

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Amama’s dream said in Seibei yesterday:

“It gives me great pleasure to be here with you today. I have come here on a consultative tour because I have a dream of becoming a president of this country” (…)”Kaguta Museveni has served us as a country and we as NRM have done well for the last 30 years but you see you still have some serious problems like poor education, poor roads, hospitals and land grabbing” (…)”Some people are saying that I have never visited the Sebei region but this is the first area I visited after we captured power in 1986 and the whole stretch is a food basket. You have the capacity to grow enough wheat to meet the demand of Uganda but because of roads you cannot” (Kay, 2015).

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The Electoral Commission says about Mbabazi’s meeting plans:

The Secretary of the Electoral Commission Sam Rwakojo says: “Presidential aspirant can only hold consultative meetings but not public rallies” (…)”so what Amama Mbabazi is doing wrong” (…)”We advice presidential aspirants to carry out nation-wide consultations as provided by law not campaigning at rallies” (Insider, 2015).

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Reports from official sources:

“Angry residents did not only pull down President Museveni’s campaign posters off buildings and poles along Soroti streets but also dared security operatives in running battles following Police’s disruption of Amama Mbabazi’s rally today” (…)”Police was able to disperse the residents from the Sports Ground, they started pelting the officers with stones. The residents later regrouped and managed to cut off a team of about 30 Police officers at Soroti Sports Grounds and threatened to lynch them. The officers pleaded for their lives saying they were only following orders from above” (Kisakye, 2015).

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The teargas arrived. Even if it is out of date!

Reason given by Gen. Kale Kayihura:

“Huge numbers on the independence grounds (Soroti public gardens) will destroy the grass, which will cost the municipal spent large sums of money to grow”.

Fred Enage the Police Spokesman to the New Vision via Soundcloud reports today:

“The respective territorial commanders edicted and other DPCs to ensure that to police the numbers that are actually involved. If there are a hundred, if there are a thousand. What is important is that the venues are efficient to accommodate the supporters who are going to be consulted. Is it a clear place? Does it have the consent of the owner of the venue? If it is outside a town hall then we have to assure that it have time-limits to 7 am to 7 pm. If it is within the town hall then its continues” (Nsuguba, 2015).

Peace!

Reference:

Kay, Julius – ‘I have a dream of becoming president—Mbabazi’ (09.09.2015) link: http://crooze.info/i-have-a-dream-of-becoming-president-mbabazi/

Kisakye, Frank – ‘Anger in Soroti as Police disperses Mbabazi supporters’ (09.09.2015) link:

http://www.observer.ug/news-headlines/39788-anger-in-soroti-as-police-disperses-mbabazi-supporters

Nsubuga, Benon – ‘DPCs to monitor Mbabazi meetings’ (07.09.2015) link: http://www.elections.co.ug/new-vision/election/1000522/dpcs-monitor-mbabazi-meetings

The Insider – ‘EC declares Mbabazi rallies illegal’ (08.09.2015) link:  http://www.theinsider.ug/ec-declares-mbabazi-rallies-illegal/

Press Release: TDA condemns the violent and forceful eviction in Apa, Uganda (08.09.2015)

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Kampala, Tuesday, 8 September, 2015:

The Democratic Alliance (TDA) has learnt with shock and consternation of the deployment of heavily armed police and the military in Apa Parish, Pabbo sub county, Amuru district. The aim of the deployment is to subdue the residents violently in order for the government to demarcate boundaries between the districts of Amuru and Adjumani. They also claim that they want to demarcate the boundary of East Madi Hunting Area.

In 2012 the Uganda Wildlife Authority sent armed Rangers with the backing of police and the army to forcefully evict the residents of Apaa. People were beaten up, their livestock raided, their houses burnt and their crops set on fire. Some young men were shot dead in the operation. Twenty five men were arrested, beaten severely, taken to Adjumani where they were charged with offenses ranging from criminal trespass, being idle and disorderly to threatening violence.

Primary schools were closed down, the pupils and teachers sent away and the school desks were being used as firewood by the army and police. In fact the school became the command post of the army complete with a road block along the road leading to the school.

We are aware that this forceful eviction is being driven by a profit motive. We are also aware that at the instigation of Hon. Moses Ali, the area had been offered by Adjumani district to one Bruce Martin, a foreign investor, to be developed as a private game ranch and hunting area. We feel that since the affected area is not under the exclusive jurisdiction of Adjumani district, it requires cross border collaboration and a joint discussion and a shared decision and consent by the neighboring districts of Amuru and Adjumani.

After the incident where mother of Apa exposed themselves naked be fore the government delegation in protest, government made a commitment that a border meeting would be convened to listen to the concerns of the residents and the leaders.

To our surprise, we were told that three days ago a team comprising the army, police and other government officials were already on the ground and had come in via Adjumani district and were carrying out a survey, boundary opening and were also planting mark stones. This was in total contravention of the spirit of dialogue. Leaders tried to access Apa but roadblocks were set up and they were prevented from speaking to the people.

Three people are now confirmed dead by sources in Apa. Several people suffered grave injuries and are being treated at Amuru health centre. The Member of Parliament Gilbert Olanya was arrested and is believed to be detained in Masindi police station.

We condemn the greed behind this illegal and violent eviction of people trying to settle down after twenty years in concentration camps. We demand that this illegal survey and boundary demarcation he halted immediately.

Only open and transparent dialogue with the affected communities can resolve this matter. Force and violence by the army and police will only escalate an already volatile situation. For centuries the people of Madi and Acholi have coexisted and lived peacefully and there has never been any dispute over the administrative boundaries of the two districts. A case in point is Bibia Parish which is located in Attiak Subcounty, Amuru district and has a considerable population of ethnic Madi people. The administrative boundaries of Amuru and Adjumani are well known. That is why we believe that this current dispute is being orchestrated by greedy people who have selfish interests.

We now propose the following way forward:-

1. Any attempt at a unilateral process of survey and boundary opening at the instance of Adjumani district or the central government should be halted.
2. A high level meeting of government representatives, leaders from the districts of Adjumani and Amuru should be convened by to clarify issues of contention and provide an initial platform for dialogue.
3. A meeting of the communities that reside in the affected area should be convened in order that they become part of the efforts to seek a solution rather than being victimized by decisions and actions imposed from above.
4. Trusted mediators should be sought and asked to get involved in facilitating dialogue by the affected communities. The residents of Apa have for instance proposed that Archbishop John Baptist Odama and retired Bishop Macleod Baker Ochola be asked to mediate in this conflict.

TDA stands in solidarity with the people of Apa. We demand that the media blackout and the isolation of Amuru stops. This brings back memories of Operation North when the entire region was cordoned off as soldiers violated human rights with reckless abandon.

Finally, we know that the NRM regime doesn’t adhere to the rule of law but we wish to state that the matter is before the courts of law and the court has issued an injunction against any further survey and boundary opening.

Government should act impartially and without any undue delay in order that an amicable solution to this problem be found.