PRESS RELEASE Ugandan civil society organizations send a petition to the chief justice regarding the impact of Covid-19 measures on human rights and freedoms
POLICY BRIEF 07 July 2021
Kampala – Yesterday, July 6 2021, Avocats Sans Frontières (ASF), Legal Aid Service Entreprises et droits : a petition to the Chief Provider’s Network (LASPNET) and the Uganda Law humains Society handed La Tunisie doit se saisir pleinement des instruments internationaux Justice of Uganda, Alfonse Chigamoy Owiny-Dollo. In the document, the signatories express their concerns regarding the impact of a series of new COVID-19 related measures on the rights and freedoms of Ugandan citizens. On June 6 2021, Yoweri Museveni, the Ugandan president announced a 42-day nationwide lockdown to once again try and prevent the spread of COVID-19 following a new resurgence of the pandemic. To enforce the policy, several government bodies quickly imposed new measures on the population. The directives include new limitations on transports, the suspension of hearings, a significant downsizing in court staff and restrictions to access to courts of law and detention facilities. The three signatory organizations are particularly concerned about some provisions regarding the functioning of the justice as that threaten the continuity of justice and violate fundamental rights, such as the rights to defense and to a fair and speedy trial. Those rights are provided by the Constitution of the Republic of Uganda and cannot be suspended. The signatories also underline that some provisions are not sufficiently clearly defined, which could lead to some liberty in their interpretation, thus encouraging risks of abuses. The signatories recall the principle of legality vs necessity. Regardless of the circumstances, some rights cannot be suspended. They also express concerns about the predominant role taken by the executive power in the formulation and implementation of the various measures and call for a greater implication of the legislative bodies. The petition also alerts on counterproductive effects. The suspension of hearings, for example, could lead to an increase in the number of persons incarcerated, thus increasing the risks of spreading COVID-19 among an already vulnerable population. At the end of June, over 5.000 citizens were incarcerated for violations of the directives issued by the President of the Republic of Uganda. The petition formulates 13 recommendations so that the measures taken are in compliance with international law and human rights standards.