The office of the High Commissioner for Human Rights (OHCHR) in Uganda has rejected the proposed law on the public order management.
The office notes that the legislation may not confer unfettered discretion for the restriction of public freedoms on those charged with its execution. Human rights law makes it clear that the balance should always fall in favour of those seeking to assert their rights to freedom or peaceful assembly unless there is strong evidence for interfering with their right.
Birgit Gerstenberg, the Head of Office observes that the bill in its current form violates the fundamental freedoms and rights to assembly, association and expression. She asked government to revise the proposed bill in order to eliminate provisions which violate international obligations.
The bill provides for the use of firearms to quell demonstrations that are riotous but the UN says the use of firearms is inconsistent with the twin pillars of international law applicable in this area, which require the use of force to be both necessary and proportionate. Lethal force is an extreme last resort where life is at stake. The office therefore recommends that the powers to use firearms should be articulated in the exceptional circumstances where it is permissible while respecting the human rights of individuals.
Gerstenberg urged MPs to delete the use of firearms and replace it with the use of teargas, batons, and water cannons. She also advised that police be equipped with protective gear to protect them from bodily harm from objects such as stones.
Gerstenberg also suggested the deletion of clause 7 which provides for the organisers to give police a notice of the meeting seven days earlier. OHCHR observes that the spontaneous assemblies are not provided for in the current bill. The possibility to respond immediately to an event by a public expression is an essential element of freedom of assembly and should not be stifled by the law.
But the Attorney General, Peter Nyombi, the State minister for Internal Affairs, James Baba and the Inspector general of police, Kale Kayihura all said the bill will bring order during demonstrations that turn violent.
Minister Baba told MPs that the bill is not intended to hurt the activities of the opposition parties as perceived by many. The bill is only geared toward having a more stable country that provides for the guidelines during demonstrations, Baba said. He observed that the post election period has been characterized by incidents in which organizers of rallies and meetings have had conflict with the police. The organisers, according to the minister, challenge the authority of police and refuse to recognize the legitimacy of the force.
In April, Activists for Change engaged police in running battles in the city and other parts of the country. They demonstrated over the skyrocketing food and fuel prices. About nine people died during the demonstrations.
Major General Kale Kayihura, the Inspector General Police observed that the bill will spell out shared roles of the police, organizers and participants of such rallies or assemblies. He asked the legislators to look at the thrust of the bill as opposed to the throwing out of the baby with birth water. The current laws only provide for the role of police in protecting life and property but fail to include other people.
The Attorney General, Peter Nyombi notes that similar legislation exists in the United Kingdom and South Africa, adding that the different interests in the country ought to be protected. The AG argued that some demonstrations as seen in the recent past are coated as ‘peaceful’ but are geared toward violence.
