Uganda-Rwanda Tension Part VIII: A look into the Parliament Report on the closure of Uganda-Rwanda Border

On the 23rd August 2019, the Minister of State for East African Community Julius Wandera Maganda sent the report on the Closure of Uganda-Rwanda Border. This report has been made to update the EAC Committee. Still, the public deserves to get the numbers and the gist of the closure. What it really means in the hard numbers and with the cross-border trade.

Clearly, the closure has had an affect on both republics. As the Report states are that:

Following the closure of Cyanika, Katuna and Mirama Hills Border Posts on the 27th Feb 2019 by the Republic of Rwanda, as part of their mandate, the Ministry of East African Community (MEACA) has undertaken a number of steps as indicated below”.

There has been certainly new rules for entry between Uganda-Rwanda:

i. There is still free movement of persons (Ugandan Nationals and other Nationalities) to and from Rwanda save for the Rwandan citizens who are only allowed entry and no ex;.t from Rwanda.

ii. The only Rwandan nationals allowed exit from Rwanda from the borders above are the drivers on transit to Kenya and not to Uganda.

iii. It was also noted that the Ugandans who cross to Rwanda only go there mostly to attend Parties or Funerals, and not business as the environment for Ugandan goods and products is hostile.

iv. Whereas Ugandan nationals are allowed to enter Rwanda, it is unfortunate that Ugandan goods/products arc not allowed entry. These are rejected with no reasons given, no rejection notes/documents are provided. Many drivers have suffered the disappointment of being told to turn back to Uganda”

All of this has consequences. Just as the financial implications by this alone. The Ministry can show that in FY 2017/18 value the imports from Rwanda at 160,293,270,436 UGX and in FY 2018/19 it has gone down to 123,338,816,439 UGX. This is downfall of imports of 23.05 % from the last year.

The consequences for the export to Rwanda is also hit. In FY 2017/18 was 585,436,037,282 UGX and in FY 2018/19 is 426,884,832,406 UGX. This is a downfall of export in the amount of 27,08 %. from the last year.

The results of the closure of the border at Katuna has ensured that there was no trucks passing this pass, between March 2019 to the June 2019. When the trucks started to crossover again. Still in a fraction of what was done in the past. Before February 2019, the average inflow and outflow of trucks was above 3000. However, in the months of March to June 2019, there was less than 500 every month. Even ZERO in the months of April and May 2019. Before, the numbers has started to rise, but not more than 300 in June 2019. Surely, One-Tenth is a major change and has affect.

This has resulted in more traffic, within the inflow and outflow at the Mirama Hill. Until February 2019, there was usually about 300 passing in both directions. However after this it was around 2000 trucks passing through every month between March to June 2019. Which is showing that there are blocking of trucks and also the total numbers of trucks passing on both passes is less than 3000 in both directions. That is really hurting the cross-border trade between the Republic’s. It is easy to see.

The closure has had an affect and the new measures on both sides. Has hit the trading, but also general movement. That is visible and surely, would be nice to see what the Rwandan Parliament would write as a counter to the Ugandan side. To see if their have another explanation for this. Peace.

FYI: The use of Safe Houses are unconstitutional and Gen. Tumwiine is wrong!

What I know is there is safe houses but you (MPs) will not be allowed to go there because the laws does not permit you” Gen. Elly Tumwiine on 28th August 2019

Gen. Elly Tumwiine is again defending the indefensible. Where he is now apologetic in the concern of the safe houses, which is ungazetted arround the Republic. This is the Minster of Security, the one whose the head of the operations and he has no issues with them.

The Minister confirmed that indeed there were safe houses in Uganda and noted that safe houses were not peculiar to Uganda but they are a worldwide intelligence practice.

He told the Committee that some of the functions of safe houses included:

To coordinate clandestine intelligence operations

To debrief and re-brief intelligence assets

To secure and protect witnesses in danger, especially criminals who have turned into witnesses

To secure persons who come seeking to be protected by the state for various security reasons

To manage hard-core criminals who require a long time to reform and now need observation and surveillance” (Parliament Watch Uganda, 28.09.2019).

Clearly, the state misuse the Safe Houses, these unverified locations to keep people they have as suspects. It is a reason why this is problematic. Because, the people taken there is kept for long, without warrants, court orders or even following their citizens rights.

When the General speaks of permission, what in his right mind does he have to take away the public civil liberties and their constitutional rights?

Have the NRM during the time of Gen. Tumwiine at any point suspended the 1995 Constitution to give a free-for-all and take everyone as suspects before trial, before sentencing and discovery of evidence? Because that is what this seems.

Thanks to ulii.org and several of Court Cases, where innocent civilians was put into these Safe Houses and later won for damages against the state. These cases uses certain laws, which I will copy. To prove the misgivings within the law of the Republic for having these places. No matter, what Tumwiine says. Because, the Republic can never repay him back for his sacrifices, not even with their time and their freedoms apparently.

Lets look briefly at some pieces of legislation. Shall we?

Article 28 clause 1 of the Constitution of the Republic of Uganda as follows:-

In the determination of Civil Rights and obligations or any criminal charge a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law”

Article 44(a) of The Constitution of The Republic of Uganda states:

Notwithstanding anything in this constitution, there shall be no derogation from enjoyment the following rights and freedoms-

(a)Freedom from torture and cruel, in human or degrading treatment or punishment.”

The National Resistance Army (Application to Civilians) Regulations 1996, Regulation 5(1) provides that – “upon arrest of civilian, that civilian may be detained in a military cell and shall be brought before a military court not later than forty eight hours after arrest”.

While these legislation proves how the state are supposed threat there suspects, but that is not what they do.

I will take some snippets from a court case dating to the Judgment on 19th August 2019 –

“THE HIGH COURT OF UGANDA, CIVIL SUIT NO. 386 OF 2014, LT. (RTD) GEORGE KIGGUNDU:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT, BEFORE HON. JUSTICE MUSA SSEKAANA”.

As the Plaintiff testified this: “He testified that he was taken to the Head of Investigations Captain Mbahweza Ceaser who was a captain at the time, now a Colonel, who had a heap of sticks and started beating/assaulting him and asked him to remove his shoes and later locked him up in the toilet at Chieftaincy of Military of Intelligence. He was not informed of the reason why he was being beaten. PW1 further testified that was repeatedly beaten to a point when he started bleeding profusely. He was detained in some place in Kololo, which he came to know was a safe house in the dungeons. The plaintiff further testified that after about two weeks he was asked to make a statement that was when he was told that he was suspected to be recruiting PRA (Peoples Redemption Army) and ADF (Allied Democratic Forces) in areas of Kasese, Kampala and Masindi to which he responded that he did not know anything to do with any rebel activity. He insisted that evidence be brought forward connecting him to the allegations but to date nobody ever brought any evidence against him. Pw1 stated that spent sixty one (61) days in detention in a safe house under extreme torture, sleeping on floor, no visitors, and no treatment. As a result of that torture and detention, PW1 testified that he became black as a result of skin disorder, was beaten on his left leg and suffered severe grievous head Injuries” (High Court Judgment, 19th August 2019).

We are seeing a pattern of this, where the state keeps suspect without their constitutional rights respected, neither the lawful procedure, as the state has decided that a certain individual is a suspect and therefore, can be handled with the full arm of the law. Without any warrant, court order or sentencing. This is just one man out of plenty.

Lt. George Kiggundu got 20 million shillings in damages, which was a nearly half of what he sought out for, which was 50 million shillings. However, this proves that High Court see the damages, the way the CMI and most like ISO is breaking the laws in concern of the safe houses.

That is why I had to write to day and put pieces together. Because, Tumwiine wouldn’t want to end up with the treatment of Lt. George Kiggundu any day of the week. No one should, because, you should have fair trial and process. To see if the state is right about the possible crimes a person has committed. With the safe houses, all people are fair game and whatever snoops of intelligence the ISO/CMI/Flying Squad has gotten. They can abduct, torture and detain someone for long without the legal justifications for doing so. Plus breaking the law, by making the supposed suspects victims of state violence against them. Where the state justifiably breaks the articles of the Constitution and other laws to be able to hurt, damage and scorn people for life.

Just because Tumwiine and the NRM is afraid someone might be a criminal or spy, without even having the evidence. Therefore, they need houses to torture the incriminating evidence instead of gathering it and proving it to the Courts, that the person in question is planning/doing/evidentially connected to the sort of activity that would put their life in legal jeopardy. But the way the state is doing it.

They are not doing it right, not acting right and using the passage of power as a government and authorities to bring the peace. They are actually acting, as if people are guilty before they are proven innocent. Instead of everyone is innocent before proven guilty. Peace.

Opinion: A regime needing “safe houses” is a sign of brazen oppression of its citizens

“Madam speaker I wish to mention that a safe house is a secure place used for intelligence work, all intelligence and security agencies world over operate safe houses,running a safe house is not peculiar to Uganda but it’s a worldwide intelligence practice” security minister Gen. Elly Tumwine (August 21. 2019).

That there is reports and statements made during this week from Hon. Francis Zaake and Betty Nambooze, whose both have stated their evidence of the usage of Safe Houses. This has been known for a long while. There is several of these houses and used by the Internal Security Organization (ISO). Hotel Serena used to be a sort of house back-in-the-day, but has rebuilt to other use.

That the Nalufenya was closed earlier in the year, there is still other building used for the same ways. To torture, hide victims and supposed spies. That the state takes away in silence, abducts without warrants and usage of even soldiers to take away activists, political opponents and whatnot.

All of this isn’t new in the Republic. That National Resistance Movement (NRM) have continued the practices of previous administration. The NRM have been brazen and its been known that dissidents has been tortured and arrested for long time. This been done by the Flying Squad, CMI or even ISO. All of them has picked up people and kept them in “safe houses” without court orders to keep them detained.

Therefore, don’t be shocked when Zaake MP says he knows about 900 people, whose arrested and tortured at this moment at the safe houses. Surely, the NRM will not verify this. Because, they don’t want this to be a thing. They want to show the Northern By-Pass, that they used over a decade to finish, maybe more.

Let’s be clear, we don’t have all the information. Because, this is in the dark, grey-area, which is kept a secret. The state doesn’t want the news out. They don’t want to show the darkness, the only thing we know is the stories from a few victims. Since, there is no Parliamentary Report like on Nalufenya, which we got just days before closure of it. Then, it was shown the systemic violations of human rights and cruel behaviour of the state towards their own citizens.

We cannot know how big of deal this is, because the numbers, the lack of leaked reports and the proof is not there. But when the likes of Gen. Tumwiine verifies it. Shows there is an intention of open violence against the citizens of the Republic.

If these people picked up by ISO, CMI and other security organization from the state, they should have warrants and prove the criminal intent of the suspects. Not just abduct them and detain them in random “safe houses” unless the state wants to keep their activities as a secret. Because, if they were sincere … then the state would prosecute them like everyone else. Innocent until proven guilty of a crime.

Alas, that is not the case, because the state uses this to intimidate and oppress the citizens. Peace.

UN Commission on Human Rights in South Sudan: Localization of conflict and unaddressed community grievances serve as barriers to sustainable peace (23.08.2019)

The Commissioners will hold a press conference on Friday, 23 August 2019, at 1100 hrs in the UNMISS Tomping Base in Juba.

JUBA, South Sudan, August 23, 2019 – Members of the UN Commission on Human Rights in South Sudan began their seventh field mission to South Sudan, Uganda, Ethiopia, and Kenya earlier this week. The mission, currently underway, is taking place from 19 to 26 August 2019.

In Juba, Bentiu, and Yei (South Sudan), the Commissioners met with UN representatives, international organizations, and community members comprising religious leaders and civil society, including women’s groups, recent returnees, and internally displaced persons.

“We are deeply concerned that, despite overall armed conflict having waned considerably since the signing of the Revitalized Peace Agreement, little progress has been made to adhere to the terms of the agreement,” said Commission Chair Yasmin Sooka. “Civilians with whom we spoke still raised numerous concerns that they feel are barriers to sustainable peace,” she added.

Intercommunal violence premised on cattle-raiding has recently spiked in South Sudan, including in Bahr al-Ghazal. During their visit, the Commissioners listened to South Sudanese women, men, and children express numerous concerns including localization of conflict linked to land, resources, and cattle, continued impunity for sexual and gender-based violence, delays and inefficiencies in implementing the Revitalized Peace Agreement of September 2018 , deteriorating living conditions for those internally displaced, the securitization of the state and continued shrinking space for civic engagement, frustration with the functioning of the judiciary, and the absence of accountability mechanisms including establishment of the Hybrid Court, among others.

“Despite the numerous challenges we heard, we were encouraged by the fact that committees composed of military and civil actors have been formed to improve civil-military relations and support local justice and reconciliation in Yei River State, where civilians could raise dispute resolutions,” said Commissioner Andrew Clapham. “Such mechanisms that facilitate communication between armed actors and civilians could be replicated in other locations where violent conflict and violations have been witnessed in the country,” he noted.

Impunity for conflict-related sexual violence and sexual and gender-based crimes in South Sudan also remains at an all-time high, while survivors of sexual violence still have limited access to redress. In Bentiu, the Commission heard testimonies of sexual violence from women who are waiting to share their stories with an accountability mechanism. “The lack of progress in establishing transitional justice mechanisms, including the Hybrid Court, the commission for truth, reconciliation, and healing and the compensation and reparation authority, which are to be complemented by customary and other community-centred mechanisms, is delaying accountability and reparation for these and other crimes,” said Commission member Barney Afako. “So long as the voices of victims and survivors are not empowered, and these mechanisms not put in place, it is highly unlikely that South Sudanese women, men, girls, and boys will be able to witness a lasting peace,” he added.

In closing, the Commission stressed the importance of overcoming delays regarding the Revitalized Peace Agreement, and encouraged the positive work being carried out by the National Constitutional Amendment Committee.

The Commissioners will hold a press conference on Friday, 23 August 2019, at 1100 hrs in the UNMISS Tomping Base in Juba.

From 25 to 29 August 2019, the Commissioners will separately visit Uganda, Ethiopia, and Kenya, where they will engage with refugees who have been recently displaced from South Sudan. In Ethiopia, they will hold meetings with African Union leaders, the Intergovernmental Authority on Development (IGAD), senior UN officials, as well as other members of the international community.

The UN Commission on Human Rights in South Sudan is an independent body mandated by the UN Human Rights Council to, among other things; determine and report the facts and circumstances of, collect and preserve evidence of, and clarify responsibility for alleged gross violations and abuses of human rights and related crimes, including sexual and gender-based violence and ethnic violence, with a view to ending impunity and providing accountability. The Commission will present an oral update on the human rights situation in South Sudan to the Human Rights Council on 16 September 2019 and a comprehensive written report in March 2020.

Statement attributable to the Spokesperson for the Secretary-General on the signing of a Memorandum of Understanding between Rwanda and Uganda (23.08.2019)

The Secretary-General recognizes the important role of Presidents João Lourenço of Angola and Felix Tshisekedi of the Democratic Republic of the Congo in facilitating the signing of the Memorandum.

NEW YORK, United States of America, August 23, 2019 – The Secretary-General welcomes the signing on 21 August 2019 in Luanda, Angola, of a Memorandum of Understanding between Presidents Yoweri Museveni of Uganda and Paul Kagame of Rwanda, with the aim of normalising bilateral relations between the two countries.

He encourages the parties to implement the agreement in good faith, with a view to restoring friendly relations and cooperation between the two neighbouring states, in the interest of peace, stability and sustainable development in the region.

The Secretary-General recognizes the important role of Presidents João Lourenço of Angola and Felix Tshisekedi of the Democratic Republic of the Congo in facilitating the signing of the Memorandum.

The Secretary-General stands ready to support the momentum generated through this and other initiatives to advance peace, cooperation and integration in the region.

Communique of the IGAD Council of Ministers on the Consultative Meeting of the Parties to the R-ACRSS (21.08.2019)

Uganda-Rwanda Tensions Part VII: Memorandum of Understanding of Luanda between the Republic of Uganda and the Republic of Rwanda (21.08.2019)

IGAD Statement on Misleading Report by South Sudan News Agency (19.08.2019)

Opinion: War-Lord Mzee gets a nice cut out of South Sudan!

Well, this is just one of them days, as we know that President Yoweri Kaguta Museveni has for long invested in Juba, in the Sudanese People’s Liberation Army/Movement (SPLA/M) and in President Salva Kiir Mayardit. This is well known, but IGAD memo is revealing a sinister approach, which is not surprising, knowing how the UPDF have been involved and the arms trade to Juba from Kampala. All of these things combined with the leaked memo today. Shows a pattern and a approach to conflict, not to generate peace, but actually be a merchant of death.

The warlord Museveni have found a weapon brother in Kiir. They have both earned and profited from the business they have done together. Now, the amounts and speculated earnings are coming to the surface. President Museveni and the cadres around him needs this source of income and will not jeopardize that. Not at this point and time. That is why his a threat, because what would he do, if the gravy-train stopped pumping. Have people considered that?

Take a look!

The documented dated August 15, 2019, claims that the Ugandan President Yoweri Museveni is the real threat to peace in South Sudan and that South Sudan has become the second source on income for the Ugandan leader. “We [IGAD] are playing with our minds. There will never be peace in South Sudan as long as other IGAD member states keep quiet. The real threat in South Sudan is Uganda, and we must confront Uganda if we want peace to return to South Sudan,” the seemingly frustrated IGAD official wrote. “One million dollar a month is the one keeping Uganda in South Sudan. This new country is now the second source of Museveni finance,” the source claims” (South Sudan News Agency – ‘Leaked memo: Uganda is the real threat to peace in South Sudan’ 16.08.2019).

We know, Museveni have used the UPDF without a mandate in South Sudan over a long time. We know he has sold and traded arms, equipment for warfare, even as the UN arms embargo has persisted. Therefore, we know his reckless in concern of profits and using the army as a bargain-chip for fresh funds.

Now, we know, that the IGAD, one of the negotiating bodies which the R-ARCSS process going through is questioning the motives of President Museveni in South Sudan. This means, that the neighbour is a threat and a possible hazard for the peace-process. As they know, that the Warlord of Uganda, will not give up his money or his profits of the hurt in South Sudan. That is the sort of man he is and that is why, he will find ways to “resolve” his bottlenecks and get paid-in-full on the weaponized enterprises in South Sudan.

Surely, this leaked memo says it all. The warnings and the UN Experts Reports has been validated by this. Peace.

Opinion: Cannot afford the implementation of R-ARCSS, but a Presidential Jet is cool!

The Finance and Economic Planning Committee of the National Legislative Assembly has proposed that South Sudan should buy a presidential jet to be used by the President, the vice-presidents and senior members of the executive” (…) “South Sudan spends millions of dollars in travel costs for government officials a year. Members of committee said purchasing a jet would curb travel expenditure from the office of the President. The committee added that purchasing a plane would also ensure the “security of the president” is not compromised” (The National Courier, 14.08.2019).

Somewhere along the lines of misuse of power, somewhere the misuse of funds and the lack of transparency bears fruit. Where the Presidential Decrees and total control looses value. In this instance, it is the total disregard of the public and their needs. As the basics are covered by donors, and donor funded organizations, while the state is living lavish on either aid or oil-money.

They are so heavy eating, that they have no trouble, even funnelling money through shady agreements, while crying havoc for the Peace Agreement. Because, no one want to be the bad man and stop that because of some lack of funds. No, everyone will step up for the sake of peace, even if the TGoNU have misused funds. Like buying a Presidential Jet, when the state cannot manage to build roads, schools or even implement the state functions according to the newest peace deal.

“With millions of dollars from oil revenues being funneled to Ashraf Al Cardinal, the Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS) is in danger of collapse due to lack of funds. As provided for in the R-ARCSS implementation matrix, cantonment of opposition forces which was supposed to have started within 30 days has not begun due to lack of funds; the Joint Transitional Security Committee (JTSC), which is a critical component of security arrangements is struggling to even hold meetings and travels to proposed cantonment sites due to lack of funds; demilitarization of civilian centers and collection of weapons that was slated to have been completed within 45 days has not begun due to lack of funds; training for unified forces to serve in the national army, police , security service or protection of VIPs – again a critical prerequisite for the arrival of opposition leaders to Juba- has not begun due to lack of funds. The list is long and, by no means, inexhaustive and if this situation continues until May this year, the hopes of the people of South Sudan for peace will have been terribly dashed. The people have really been patient with their leaders, especially H.E President Salva Kiir Mayardit, who recently made a solemn public pledge to bring peace to his people at any cost. And to his credit, the President ordered his Cabinet over a month ago to allocate funds for the implementation of R-ARCSS. This was indeed a commendable move which gave the public a strong reason to hope that their Government was bent on mobilizing local rather than foreign resources to implement R-ARCSS. However, the public have now been surprised, shocked, disappointed and outraged to learn that the financial resources that are said to be unavailable for peace implementation – thereby saving lives of thousands of South Sudanese people- are now being readily and happily availed to one man called Ashraf Al Cardinal” (Peace Observatory Group – ‘R-ARCSS poised to collapse due to lack of funds and Ashraf Al Cardinal’ 10.03.2019).

President Salva Kiir Mayardit and the whole SPLM/A-IG have to be called out for this. The ones claiming to not have funds for peace, but funds for a plane. That is mismanagement at its core. Wastage of public funds and certainly, when its talk of peace and following up on old agreements. Agreements that isn’t that old and soon the deadline is over too.

The state could fix that and at a later junction, when it has spare funds start purchasing planes to the President. To ease his travels, but this is just foolish. The TGoNU and the SPLM/A-IG is mocking its citizens, which have no ability to get their basics delivered by the state. However, their President should live lavish and like a Executive with all the perks. Shouldn’t they just buy him a Gucci bag, Armani suits and Cubano cigars while they’re at it? Peace.