UHRC pins KCCA, UWA over forced evictions

By Joyce Namutebi

UGANDA Human Rights Commission (UHRC) wants Cabinet and Parliament to fast track amendment and enactment of electoral laws relating to registration of voters, treatment of candidates, campaigning and polling.

The recommendation contained in the commission’s annual report to Parliament released on Tuesday is meant to allow the Electoral Commission (EC) do its work in time.

The commission is concerned by the delayed electoral reforms although a number of stakeholders and government have proposed electoral reforms.

Also in the spotlight in the 267-page report is Kampala Capital City Authority (KCCA) and Uganda Wildlife Authority (UWA) over forced evictions of people. 

To address the problem, UHRC has made several recommendations including the recommendation UWA and KCCA ensure respect and observance of human rights during evictions by complying with national and regional standards as well as the UN guidelines on forced evictions.

The report noted that Government, through the Ministry of Justice and Constitutional Affairs, called for proposals from the public for electoral reforms,

Cabinet, according to the report, is also considering amending the 1995 constitution to provide for an independent EC, grounds for recalling MPs as well as giving more statutory powers to the president.

However, these amendments have delayed and could be effected when it is too late for them to have any meaningful impact on the elections,” the report said.

“Cabinet and Parliament should fast track the amendment and enactment of electoral laws relating to registration of voters, treatment of candidates, campaigning, polling, counting, transmitting, tallying and announcement of results, among others, so that the electoral Commission can do its work in time,” the commission recommended.

Once tabled on the floor of Parliament, the report will have to be examined by the relevant committee and a report to the House made.

The report was handed over to the Speaker of Parliament, Rebecca Kadaga by UHRC chairperson, Medi Kaggwa.

The commission said electoral reforms should also be considered for amendment of some laws such as the press and journalist Act, the Electronic Media Act, and the penal Code Act on some sections that negatively affect the enjoyment of freedom of expression and media freedom.

It noted that the EC has been relying on creation of administrative units to serve as new constituencies, which has at times affected equality of the vote. 

“Late creation of constituencies in form of administrative units affects the effectiveness of the EC,” the 265 page report said.

UHRC also recommended that government through Parliament urgently enacts a law to effectively regulate campaign funding and empower the EC to strictly monitor and enforce it.

On the evictions by KCCA and UWA, the commission points out that the obligation of states to refrain from, and to protect against forced eviction of individuals from homes and land is enshrined in several international, regional and national legal instruments.

It, however observed that some current laws that regulate evictions and land use in Uganda are in conflict with some provisions in the constitution.

The report noted human rights concerns arising out of forced evictions including loss of property, livelihoods and life.

“Members of the public affected by evictions should comply with the law and seek legal redress if aggrieved,” UHRC recommended.

It urged the two bodies to institute measures to punish errant enforcement officers who violate the rights of people during evictions.

The report has nine chapters looking at complaints management in 2014, assessment of places of detention, human rights education, finance and administration, emerging human rights concerns, concerns of fishing communities and the commission position on certain Bills including the National biotechnology and Biosafety Bill, 2012.

Kadaga urged UHRC to take interest in establishment of a disaster management commission and the situation of children in prisons with their parents.

She said she was disappointed that the “bucket system” in prisons still remains.

She assured that as soon as government Bills are tabled, Parliament would forward them to the commission to make comments on them for human rights compliance.