The Public order management bill in its current form may not comply with the human rights enshrined in the constitution and international human rights obligations, the Uganda Human Rights Commission warned Wednesday.
The commission proposes deletion of some sections that infringe of rights of the citizens.
Presenting their views on the bill, Meddie Kaggwa, the chairperson Human rights questions powers of the IGP as granted in the bill. The bill grants the police chief powers to direct the conduct of public meetings. These powers, according to the commission could be arbitrary.
The commission believes that the powers of the IGP should be based on the premise that the state has a positive duty to protect the right to assembly and demonstration.
Kaggwa suggested that the clause should be deleted because it contravenes the Constitution, which is the supreme law, and has the potential to an arbitrary use of police powers.
The commission has advised parliament to consider a clause on the role of police to facilitate peaceful assemblies without discrimination and the maintenance of law and order.
Other clauses that the rights body raised concerns include the definition of the public meeting. The bill defines it public meeting as a gathering of three or more people in public places wholly or partly open to the air. This definition is ambiguous and broad because it means the closed spaces are left out.
Besides, the clauses are in conflict with the principle of democratic society. Human rights commission recommended that public meeting should be redefined to a gathering of 50 or more persons.
Kaggwa note that the bill should be precise and balance the rights to assembly with other rights and should only impose restrictions that are acceptable and justified in a free and democratic society. In addition the penalties contained in the bill are not commensurate with the offence. The bill provides a two year sentence to an offender who fails to comply with the orders of dispersal of a public meeting. The commission recommends that the punishment should be reduced to six months imprisonment.
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These views are shared by Uganda law reform commission. The reform commission has the mandate to study and keep under constant review the Acts and all other laws comprising the laws of Uganda with a view to making recommendations for their systematic improvement, development, modernization and reform.
Prof. Agasha Mugasha, the Chairperson complained that government did not involve the commission while considering the bill. The reform commission asked government to be mindful that when a state imposes restrictions on freedom of expression, it should balance the enjoyment of the right to peaceful assembly.
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The Public order management bill was tabled in October for scrutiny. The bill is intended to regulate public meetings, the duties and responsibilities of police, the organizers and participants in relation to public meetings.
The bill seeks to manage public order in partnership with the organizers and participants in assemblies, demonstrations and processions. It also seeks to specify the procedure to be followed when organizing an assembly, a procession or demonstration as well as the penalties and sanctions to be imposed upon those found in breach of the proposed law.
Government says the law, if passed; it will prescribe measures for safeguarding public order without compromising the principles of democracy, freedom of association and freedom of speech.
