We must resist the desecration of Uganda

This is my article that was first published by The Razor on Tuesday, May 3rd 2011

I am bemused but certainly not amused by the manner in which Dr Kizza Besigye continues to be dehumanised. I wonder whether it is now a crime to be Dr Besigye. For how long will the man be tortured, traumatised, dehumanised and brutalised by the police and the military? Have we slid into the state of nature which according to Thomas Hobbes “any person has a natural right to the liberty to do anything he wills to preserve his own life, and life is “solitary, poor, nasty, brutish, and short”. Uganda has ratified various human rights instruments prominent of which are the International Covenant on Civil and Political Rights (ICCPR), the United Nations Convention against Torture, the African Charter on Human and People’s Rights, among others.
The Ugandan constitution is also very clear about human rights. The whole of Chapter Four focuses on human rights. Article 20 of the constitution says “fundamental human rights and freedoms are inherent and not granted by the state.” While the NRM apparatchiks have time and time again invoked Article 43 which talks about the limitation of human rights, the limitation must be demonstrably acceptable in a free and democratic society. Are we ruled by decrees and presidential edicts where the President’s pronouncements become law? The Inspector General of Police and ministers of internal affairs have arrogated themselves powers to grant and deny human rights to their political opponents. Does it mean when one becomes a presidential candidate, president of the party, Member of Parliament or attains any other social status, they have their rights waived?
Do we as citizens have the wherewithal to legally challenge their actions in courts of law or they have muzzled the courts of law too? Today, they are criminalising walking by Besigye, Mao and other opposition leaders simply because they are protesting against high fuel prices and commodity prices. However, there are still quite a number of issues over which the opposition and civil society must protest.
It is not long ago that Makerere University tuition fees were increased up to 126 percent and I personally ended up in jail because of that. Right now we are in a state of lawlessness. The manner in which an Assistant Superintendent of Police who was identified as Gilbert Arinaitwe brutalised Besigye is reminiscent of the brutality during the days of Idi Amin. While some of us would think Amin criminalised dissent because he was not educated, the current leadership comprises of university graduates. This is a very big paradox.
Article, 44 of the constitution clearly spells out non-derogable (absolute) rights which include freedom from torture, inhuman and degrading treatment or punishment; the right to a fair hearing; the right to the order of habeas corpus; and freedom from slavery or servitude. Torture, inhuman and degrading treatment cannot be justified under any circumstances – not even a state of emergency or a state of war. Sadly, in Uganda, the security agencies – notably the police are perpetrators of torture with impunity. I have personally been subjected to the worst forms of torture by the police. To date, people who presided over my ordeal are still getting promotions in the force. The state minister for internal affairs said they are going to investigate and bring a report to parliament in regard to the manner in which Dr Besigye was arrested. To me, this is hogwash.
What should have been done is to arrest the officer who effected the arrest and prosecute him. While Besigye, Mao and other opposition leaders are protesting the rising costs of living, a student by the name Vincent Kamugisha died last week of Malaria because there were no drugs in the University Hospital. I wonder why people should not protest the lack of drugs in our health centres; unaffordable university fees and grand graduate unemployment at a time when the government is buying fighter jets worth trillions and spending billions for a one day event of swearing in a president who has overstayed in power. I am exasperated that the minister of internal affairs Kirunda Kivejinja said that Besigye is violating the constitution. What is unconstitutional about a person going to his bank?
Instead of addressing the on-going stalemate, the president has chosen to bash the clergy demanding that they should apologise to him for condemning the act of giving them brown envelopes and vehicles. The president went further to say Professor Oloka should go and hang. The bribes given to the clergy are meant to gag them and divert them from playing a role in redirecting the country. Is this what we deserve after twenty five years of “visionary leadership”? Bishop Desmond Tutu of South Africa played a significant role in fighting apartheid; Bishop Pius Ncube of Zimbabwe has been relentless in condemning Robert Mugabe’s excesses. I am convinced that if our members of parliament had not accepted a 5m bribe to remove term limits, the situation would be different. We must all wake up from our slumber and resist the desecration of our country.

Vincent Nuwagaba is a human rights defender
vnuwagaba@gmail.com