This Article was published by 256News under my Column, The Mouthpiece on 30th October 2009
I have deeply been touched by two issues this week. The first is general and the second is personal but has grave implications on the general public if not checked. Let me begin with the personal issue.
On Monday August 17, 2009 I was arrested from Makerere University having gone to pick my admission letter that I was denied after I had written to president Museveni contesting the increment of tuition in Makerere University. A soft copy of the letter was published in the African Executive and can be accessed on line at http://www.africanexecutive.com/modules/magazine/articles.php?article=4579. Of course this wasn’t my first time to be illegally arrested, tortured and incarcerated but the milestone this time is that I was produced in court two days after my arrest. Nonetheless, my production in court was as a result of the attention and the publicity my arrest attracted.
I was denied police bond despite the fact that the lows and highs of this country came pleading for me. Later on Wednesday 19, August 2009, I was taken to court and two trumped up charges of threatening violence and assault were read to me. I was to be remanded to Luzira for fifteen days and later given bail on 3rd September. Since then I have been undergoing court hearings. What is more interesting is that the state witnesses don’t know exactly what happened and I know with a serious arbiter, these witnesses should have been thrown behind the bars. It doesn’t take a lawyer to discern that I am being maliciously witch hunted. I am sure those that have attended my court sessions, would tell.
I am to receive the judgement for count one of threatening violence on 27 November and the hearing for the second count of assault is also going to be concluded on the same day. Startlingly, on Thursday 19th at 5:18 pm, I received a call from a CID detective at Wandegeya Police station from cell number +256712935670. He told me he has read through my file and that the file says I have a case to answer. Accordingly, he told me if I don’t talk to the Magistrate before the judgement slated for 27th November, I will be convicted.
Although I am not sure whether what the Criminal Investigation Detective told me is true, I cannot just rule out anything. I was left wondering whether there is justice in this country. How does a detective have access to the file in the hands of the Magistrate? The police should have access to a suspect’s file only when they are compiling evidence. After the case has been heard, police should ordinarily have no access to my file. I am wondering whether there’s no ulterior motive behind my prosecution.
I have told many people that I am a law abiding citizen who doesn’t believe in impunity. But also I don’t accept I should be sacrificed at the altar of justice because then the temple of justice becomes the temple of injustice. I hope the magistrate handling my case will not pander to the whims of strong men who would want me annihilated because of my views. Otherwise, his judgement will put him on a big test and I am sure should he convict me out of pressure, he will not only be convicted but also condemned by the court of public opinion. This brings me to the next issue.
That more than 1 billion people do not have enough food to eat is extremely worrying. Most importantly however, is the need by human rights activists to rethink their strategies to promote and defend human rights. I have for sometime now been involved in human rights activism. Nonetheless, I have seen that the biggest challenge with human rights activists allover the world is their tendency to relegate socio-economic rights while pretending to be promoting civil liberties and political rights. Therefore, this shocking revelation must be a wake up call to governments and civil society organisations worldwide.
Human rights talk is simply hogwash if it doesn’t address the issues of bread and butter. Surprisingly, we seem to uncritically bash the leaders who perform poorly on civil liberties and political rights even when it is clear that they are making a step in the right direction in regard to socio-economic rights. To begin with, the categorization of human rights into first generation, second generation and third generation is the root cause of the failure and/or deliberate refusal to prioritise the so-called second generation and third generation of human rights. This explains the reason why our people are dying of hunger, disease and poverty. The capitalist west is partly if not largely to blame for this hunger crisis because it has never prioritised.
The classification of human rights into generations was done by a French jurist Karel Varsak who depended on the catchwords of the French Revolution. These were liberty, equality and fraternity. The first generation rights are liberty-oriented rights; the second generation rights are equality-oriented while the third generation rights are solidarity oriented rights. The first generation rights are also known as negative rights while the others are known as positive rights. Negative rights call for state inaction while positive rights call for state action. The state incurs no costs in observing negative rights and the only obligation it has is to refrain from abuse thereof.
While the Universal Declaration of Human Rights (UDHR) and other core human rights instruments stress the indivisibility of human rights, many human rights activists have had a tendency of focusing on civil and political rights and relegate socio-economic rights. The focus on socio-economic rights will help us fight hunger, disease, ignorance and poverty which are inextricably linked. Indeed the foremost principle of human rights is human dignity. It is impossible to enjoy human dignity when one is entrapped in poverty, hunger, disease and ignorance. These vices beget voicelessness, normlessness, hopelessness and frustration. Ultimately, the victims involve themselves in a web of criminality.
In view of the foregoing, civil society organisations involved in human rights promotion must strongly promote second and third generation rights. Sadly, we have human rights groups that get money from donors on the pretext that they intend to promote people’s livelihoods yet in an actual fact, they aim at self-enrichment.
These NGOs need to give accountability to donors and the intended beneficiaries. It is vital to note that civil society organisations will only be viewed as relevant when they begin campaigning strongly for improvement of the agriculture sector, good roads, health centres and medicine, quality and accessible education, full employment and fair wages. Short of which as civil society activists we shall always thump our chests without any meaningful contribution to people’s welfare and livelihood.
We expect the NGOs to advocate for increased budget for agriculture; get concerned in the wake of the increase of fees in public universities; get concerned about citizens salaries and so forth. Let’s underscore the indivisibility of human rights. Let’s pick a leaf from Amnesty International and Action Aid International which have launched a sturdy campaign against poverty and hunger.
Finally, should my pen fall silent for even a week, then know that I am in the coolers of Luzira all for attempting to freely express my views which have turned unpalatable to the powers that be. For God and my country!
Vincent Nuwagaba is a human rights defender and can be reached via mpvessynuwagaba@gmail.com
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