The bill no terrorist will like
Oct 09, 2001
The new Suppression of Terrorism Bill, 2001 is an elaborate attack on terrorism. A statement of intent to wipe out terrorism.
By Gawaya Tegulle
The new Suppression of Terrorism Bill, 2001 is an elaborate attack on terrorism. A statement of intent to wipe out terrorism.
It allows security agencies unprecedented privileges to act on suspected terrorists or their collaborators and sponsors, to strike at the terrorists before they strike society.
The provisions of the bill are very tough and the penalties very stringent — clearly the story of a society terrified and eager to protect itself.
The bill is a 36-page document that provides for the punishment of persons who support, plan, instigate, finance or execute acts of terrorism. It also defines what terrorism is, designates known terrorist organisations (The Lord’s Resistance Army/Movement and the Allied Democratic Front (ADF) and gives security agencies wide powers to crackdown on people linked to terrorist acts or organisations.
The bill defines terrorism as “the use of violence or threat of violence with intent to promote or achieve political, religious, economic and cultural or social ends in an unlawful manner and includes the use of violence or threat of violence to put the public in fear or alarm.â€
It gives courts of Uganda jurisdiction to try any terrorism offence, if committed in Uganda or aboard a vessel flying the Ugandan flag or an aircraft registered under the laws of Uganda. The courts may also try offences committed by a citizen of Uganda, or a person ordinarily resident in Uganda, or against a citizen of Uganda or against a government facility of Uganda outside Uganda.
Same goes for offences by a stateless person ordinarily resident in Uganda or aboard an aircraft operated by the Ugandan government, or by a body in which it has controlling interest or owned by a company incorporated in Uganda.
The offence is extraditable. A suspect who flees to another country can be returned to face trial in Uganda.
Prosecution of terrorism is only with the consent of the DPP and such is the extreme nature of the offence that it can be tried and is bailed only by the High Court.
In part three, the bill defines the offence of terrorism and makes it an offence to aid terrorism, establish terrorist organisations and train people for the purpose of terrorism. It also makes it illegal not to report suspected terrorists and neglect to prevent acts of terror from taking place.
Part four is one that public will want to read carefully, lest they stumble in ignorance and wake up staring at the ceiling of a prison cell.
Clause 15 makes it an offence to belong to, solicit or invite support for, or arrange or assist in the management of, or to address a meeting in support or to further the activities of a terrorist organisation. In Clause 16, display of support for a terrorist organisation in a public place by items of dress or by display of an article associated with a terrorist organisation is an offence.
Under part five, it is illegal to contribute financially towards acts of terror, or contribute resources to terrorist organisations either by giving, lending or just making available. It is also illegal under clause 19 to assist in retention or control of terrorist funds.
In part six, any person who may have information they know or believe could help in preventing acts of terrorism or arresting terrorists but, without reasonable cause, fails to disclose it commits an offence and could face a minimum of five years in prison.
Part seven, adds a whole new dimension to criminal investigation in Uganda. Interception of communications and surveillance of persons suspected to be linked to terrorism is permitted. This means letters, postal packages, phone calls, faxes, e-mails and other communications to and from a suspect may be intercepted.
Security agencies will also have power to monitor meetings of any group of persons, conduct electronic surveillance of any person, search their premises and access their bank accounts. They will have liberty to take photographs of suspects in any place and “to do any other thing reasonably necessary†to pursue their cause.
The punishments are harsh. For attempting to commit acts of terror, whether one succeeds or not, one is liable to not more than seven years in jail, depending on the magnitude of the case.
Conspiracy, being accessory to terrorism or helping culprits to escape are all punishable severely, ranging from three years in jail to death or life imprisonment.
Until now, Uganda addressed the question of terrorism through section 28 of the penal code which limited terrorism to being found in illegal possession of firearms. But terrorism in Uganda has taken on new forms and definitions and the old law is too simplistic to be of any use. That is why now a whole law has been proposed to fit the situation.
“This proposed law will repeal this old law and enable security agencies to tackle the problem at its roots. It will combat the institutions and individuals that sponsor and direct terrorism,†says Kagole Kivumbi, Parliamentary Public Relations Officer.
“There are people Police would arrest after intelligence reports implicated them, but there was no physical evidence to incriminate them, so many were released,†says Eric Naigambi, outgoing Police Deputy Spokesman.
“The law was clear — being found in possession of firearms. But most were just collaborators and planners who were never at the scene of crime and didn’t need to carry guns and bomb-making equipment. This law will therefore, untie police hands to act, arrest or investigate culprits.â€
Legal analysts say that while the general law seems in good faith, lawmakers will do well to raise a few questions here and there. For example, the definition of ‘terrorism’ seems to be rather too broad. It could be used to the disadvantage of the citizens the same law is designed to protect and in the final analyst making the state a terrorist itself.
And sky seems to be the limit for security agencies to act in course of duty, something that could unnecessarily impinge on rights and freedoms of citizens.
Both the Ugandan and American experience show that no one is safe from terrorism. That is why this bill is unlikely to meet resistance in the hours.
Considering the austerity of this bill, if it is passed into law, the public will be well advised to know the backgrounds and activities of people they work with, hang out with or stay close to. Because if somebody turns out to be committing offences under this law, many around them would be questioned and have a hard time proving their innocence.
What parliamentarians will say is still uncertain. But at least one thing is beyond doubt: this is a bill no terrorist will like.
Highlights of the Terrorism Bill
l A suspect who flees to another country can be returned to face trial in Uganda.
l Offences committed against Uganda outside Uganda.
lSevere punishment for terrorists and their collaborators and sympathisers - death or life in prison.
l Outlaws display of support for terrorist organisations such as wearing T-shirts that bear pictures of terrorists, carrying photographs of terrorists or items that symbolise terrorist organisations.
l Puts public on pressure to question private activities of friends, associates and fellow workers.
l Allows security to open letters, postal packages, e-mails, tap telephones and access bank accounts of anyone under suspicion.
l Anyone who declines to reveal information that could help prevent terrorism or arrest terrorists will be punished by life in prison.
l Repeals the old law section 28 of the penal code that limits terrorism to illegal possession of firearms.
ends