The Uganda Human Rights Commission is deeply concerned about the violence that erupted between 10th-13th September 2009 in Kampala, its suburbs and other surrounding districts.
This was sparked off by the decision to stop the visit of the Kattikiro of Buganda to Kayunga district, prompting people to riot. The riots were characterized with abuse and violations of human rights including looting and destruction of property, injury to persons, disrespect for the rule of law, violation of freedom of the press, and loss of lives and subsequently massive arrests of suspects. The Uganda Human Rights Commission is particularly concerned about the following:
i) Nature of the demonstrations
Article 29(1) (d) of the Constitution provides for the right of every person to the freedom of assembly and demonstration together with others, peacefully and unarmed. The riots that occurred were characterized by the demonstrators throwing stones, looting and destruction of property, injury to persons and loss of lives. It was, therefore, not a peaceful demonstration, hence requiring the police to restore peace and order and protect lives and property.
While the Commission acknowledges the difficulties faced by law enforcement officials while policing these violent situations/riots and appreciates the enduring difficulties posed by balancing police powers and free expression when demonstrations turn riotous, it calls upon the police and all security personnel to use reasonable and proportional force in such circumstances. Although rioters might turn violent and act in a lawless manner, as was the case in some instances, it is still the responsibility of the police and other security personnel to act in a lawful and professional manner, using reasonable force as and when necessary in order to protect life, property and also preserve law and order.
On the other hand, members of the public also have the duty to observe the law, and respect the rights and freedoms of others. As such, we strongly urge the members of the public to desist from violent and unlawful acts and respect the rule of law.
The Commission also noted with deep concern that some persons in civilian clothes were seen with guns. This raises suspicions on whether these persons were genuine security personnel or citizens carrying illegal guns. We call upon the government to carry out further investigations into this matter.
ii) Freedom of the media
The Commission notes that the freedom of the media is a fundamental right in any society, without which there cannot be genuine democracy. The Commission appreciates the role of the media in Uganda for reporting on the situation. The Commission also notes that while the media plays an important role in keeping the public informed, it can, on the other hand, as was the case in some instances be used as a tool for promoting hatred, inciting the public and worsening a situation that is already bad. The Commission therefore calls upon the media to exercise their freedom in a responsible manner, which promotes peace and unity among Ugandans.
iii) Promotion of tolerance and peaceful co-existence
During the riots, the existence of ethnic/tribal tensions, hatred for foreigners (xenophobia) and intolerance were evident. Tribalistic sentiments as well as accusations and counter-accusations were made by certain tribes against others. In some instances, foreigners and locals had their businesses particularly targeted. The Commission urges mutual respect, tolerance and peaceful co-existence among all peoples regardless of one’s tribe, ethnic origin, or race. In particular, the Commission calls upon all political, religious, cultural and other leaders to promote the culture of tolerance and peaceful co-existence and to religiously operate within the confines of the Constitution.
RECOMMENDATIONS
- The Commission commends the decision taken by both the Government of Uganda and the Buganda Kingdom to resolve the situation/dispute through a peaceful dialogue. We strongly encourage the process of dialogue to continue and urge members of the public to stay calm.
- The Government should come up with a clear policy or law that complies with the Constitutional provisions in Article 246, to streamline the relationship between the central government and traditional institutions.
- The Commission urges political leaders to desist from dragging cultural leaders into partisan politics.
- Suspects arrested should immediately be brought to trial before competent courts or tribunals at all times.
The Uganda Human Rights Commission, therefore, strongly condemns and regrets the killings, looting, maiming, destruction of property and disruption of businesses occasioned to the members of the public as a result of the riot.
We, therefore, call upon each and every Ugandan to put the lives of Ugandans and Uganda above self, to refrain from uttering statements and acting in a way that may worsen the already tense situation. We further call upon all sides to dialogue and reach an amicable solution for all sides.
Let constitutionalism and the rule of law prevail.
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