MPs, govt clash over Police Bill

By John Odyek and Moses Walubiri

MPs and the Government on Tuesday disagreed over powers proposed to be given to the Police to regulate the right to assemble and peaceful demonstrations.

The disagreement arose in clause three of the Public Order Management Bill, 2011.

State minister for internal affairs James Baba said the Government wants to manage public assemblies in a bid to control violence, loss of lives and properties.

But MPs argued that it was unconstitutional for the Government to attempt to block the right to assembly and to demonstrate unarmed.

Baba explained that they want the Police to manage assemblies and demonstrations to ensure that there was law and order.

Odongo Otto (Aruu county) said if someone was demonstrating peacefully and unarmed, then he or she should not be regulated by the Police.

“What we should be bothering with is if that someone is carrying stones,” Otto said.

The Bill seeks to regulate public meetings; to provide for the duties and responsibilities of the Police, organisers and participants in relation to public meetings and to prescribe measures for safeguarding public order.

Prime minister Amama Mbabazi said it was the responsibility of the Police to ensure that they exercise freedom under the law.

Mbabazi said the Police Act allows the Police to regulate assemblies, but the Constitutional Court had barred the Inspector General of Police from blocking assemblies and processions.

Leader of the opposition in Parliament Nandala Mafabi said laws such as the Penal Code and the Police Act exist and regulate the assemblies.

He said giving more powers to the Police was not necessary.

Mafabi said the Penal Code also spells out details of how peaceful assemblies, which become riotous, can be managed, which the Bill does not. He said the Bill copies sections of the Penal Code and Police Act.

Alex Ruhunda (Fort Portal Municipality) asked the Government to regulate the freedom to assemble.

Deputy Attorney General Fred Ruhindi said some rights can be regulated and others cannot.

Alice Alaso (Serere woman MP) asked whether the Government was not seeking to create a law for political persecution, where people will be detained without trial.

She said the clause might limit freedoms beyond the prescribed limits.

“What the Government is calling regulation is it seeking to safeguard the provision of the Constitution of the right to assemble and to demonstrate peacefully” Alaso said.

Muhammad Nsereko (Kampala central) warned that the attorney general and Parliament should not abdicate their responsibilities and make ambiguous laws.