Human rights cannot be subjected to vote

Vincent Nuwagaba

First published by Observer Newspaper on 28 July 2011

President Museveni’s insistence on denial of bail to treason, terrorism, riot, murder, defilement, rape and economic sabotage suspects has attracted sharp criticism from human rights defenders, academics and lawyers, inter alia. Surprisingly, the President remains hell-bent on ensuring that his unholy proposal is enacted into law. Accordingly, this has prompted a civil society coalition on the right to bail under the stewardship of the Foundation for Human Rights Initiative (FHRI). While the president’s decision is a travesty of democracy and an affront on human rights, it is also populist. Accordingly, because the president cannot take MPs’ support for granted on this proposal, he now says it should be subject to a referendum!
It’s wrong to subject human rights issues to referenda. There have been two referenda in 2000 and 2005 on the political systems which were criticised by activists, academia and the opposition but the president didn’t budge. Nonetheless, because in the past, wrongs have been committed doesn’t mean we should habitually do wrong. The referendum will surely be abused and tilted in the president’s favour even when it’s clearly an affront on human rights. I reaffirm my position that the right to bail cannot be subjected to a referendum. And I am worried that if the President’s executive powers are not checked, he will encroach on many people’s rights. For instance, freedom of worship from certain churches and mosques may be subjected to a referendum in future, if the opposition leaders attract massive following and the President becomes uncomfortable with them stepping in the city centre lest they use the constitutional square to launch their activities. Thus, Norbert Mao may be proscribed from praying from Christ the King Church and Kizza Besigye may be proscribed from praying from All Saints Cathedral because these churches are adjacent the constitutional square.
The right to bail is rooted in the principle of fair trial and presumption of innocence. Sadly, the president wants the innocent to spend 180 days in jail - a period that is long enough for a sentence on some offences. We’ve permanently entrenched provisions in our constitution. Accordingly, any attempt to tinker with chapter four of our constitution - Uganda’s Bill of Rights cannot go unchallenged but will also render our nation a pariah state.
The proposal inevitably targets opposition politicians and critical civil society voices. It isn’t uncommon for opposition politicians to be charged with any or all of the above charges. Remember some Ugandan politician was charged with rape and treason in the run-up to the 2006 general elections. Nothing can stop a ruling party from fomenting any of the above charges against their opponents. I vividly remember that MPs Michael Ocula and Reagan Okumu spent in Luzira on murder charges yet they were innocent.
This proposed law, also targets the media. Some media practitioners are labelled economic saboteurs because they write and/or broadcast the truth. In Uganda, there’s a thin line between demonstrations and riots. Actually, riots invariably result from peaceful demonstrations mishandled. We need to ask: when, why and how do peaceful demonstrations morph into riots? Since 2009, we have seen the September 10 – 12, 2009 and the walk-to-walk protests morph into riots. The September 2009 riots were a reaction to the denial of Kabaka Mutebi’s visit to Kayunga while the 2011 riots were a reaction to the brutish nature in which Dr Besigye was handled. The police often provoke the peaceful protesters into rioting. That’s why personally, I call the police force a provocation force and police officers provocation officers. Honestly, the provocateurs and the corrupt government officials are the worst economic saboteurs. I also have a hunch that priority misplacement such as buying fighter jets at Shs 1.8trillion – money that would be enough to fight graduate unemployment is economic sabotage. Uganda’s cardinal enemy is corruption –not external threats. The Bank of Uganda Governor has recently in The Financial Times broached financial and fiscal indiscipline by the President. Isn’t that economic sabotage? We have a senior NRM official who has in the past murdered in broad day light. Why can’t he be brought to book? Accordingly, the President should focus on addressing the cause and not the symptoms. Is it a crime to protest against a regime that is insensitive to ordinary people’s plights? Sadly, if passed, this law will be applied selectively! All MPs whether opposition or NRM must be wary of this looming bad law; they will be its victims sooner or later.
Mr. Nuwagaba is a human rights defender
mpvessynuwagaba@gmail.com