African Judges decry Museveni opponents' harassment
Staff Writer | Friday November 27, 2020 15:36
In a press release dated November 25, 2020 the AJJF says it has learnt of the horrific political violence that took place in Uganda following the arrest and detention of two presidential candidates, Robert Kyagulanyi also know as Bobi Wine of the National Unity Platform (NUP) and Patrick Oboi Amuriat of the Forum for Change (FDC) on November 18, 2020.
The two were arrested for allegedly violating Standard Operating Procedures set by the Ministry of Health and the Electoral Commission to combat the spread of COVID-19 during campaigns.
Uganda will hold general elections on January 14, 2021 to elect the president and Parliament. The presidential elections have pitted the incumbent President Yoweri Museveni of the National Resistance Movement against Kyagulanyi, a popular musician and Amuriat.
Museveni has been the President of Uganda since 1986 and is said to be “the only remaining dictator in the East African Region”.
The AJJF said the arrest of the two politicians was not an isolated incident as these two candidates together with General Tumukunde have repeatedly complained of heavy handedness, injustice and repression by State institutions meant to frustrate their campaigns and favour the candidature of Museveni.
Said Justice Professor Key Dingake, aboard member of AJJF: “It is not a level playing field in Uganda. The practices by the government are clearly inconsistent with regional and international standards on free and fair elections, which require that all individuals and parties involved in democratic elections enjoy their right to conduct campaigns on a level field and peaceful environment in which their rights are fully respected and anchored on the rule of law”.
On the use of lethal force, Justice Moses Chinhengo, chairperson of AJJF, emphasised that law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.
“It is difficult in the case of the #FreeBobiWine protests to accept that this threshold was met. We believe that the conduct of security forces violated human rights law,” Chinhengo said.
Chinhengo went on further that the use of armed civilians, un-uniformed members of the security forces or militia-like individuals and entities to manage public order and security, introduces serious difficulties regarding professionalism and accountability and hopes that Ugandan authorities learn from this experience to not repeat it.
Another AJJF board member, Justice Thomas Masuku reiterated a cardinal principle of the rule of law, arguing that the law must be applied uniformly to all contestants for the rule of law and justice to prevail in the electoral process; and therefore, to secure the credibility of the outcome of the elections as well as peace during and after the process.
“Otherwise, it would appear that the fight against COVID-19 has been weaponised to give an unfair electoral advantage to the candidate of the National Resistance Movement,” Masuku said.
In conclusion, the Forum urged all Ugandan authorities to do all in their power to ensure that elections are managed in an inclusive, democratic, peaceful and credible manner that fully accords with human rights standards and the principles of the rule of law.
“Africa’s consistent failure at governance continues to subvert its development agenda and maintains the region as an under-developed continent and a peripheral actor on the international stage.”