The UHRC response to my article is as laughable as it is ludicrous
“Don’t be afraid. Go on speaking, and don’t be silent, for I am with
you. No one will attack and harm you, for I have many people in this
city”. Acts 18:9-10
I received a response to my article on the
Ugandans at Heart forum by the Uganda Human Rights Commission (UHRC)
with a mixture of consternation and laughter. With consternation because
the UHRC could debase itself by sinking so low and with hope that the
article portrayed the type of people we have at the commission. If
anyone doubted the commission’s mediocrity, the response to my article
ostensibly authored by my sister Florence Munyirwa can really confirm
that. I, however, must state that such media exchanges are healthy and
they don’t only buttress freedom of expression which is a cardinal human
right but also help to bolster democracy in our society. I will respond
to the UHRC article in turn.
1. The Commission in its opening
remarks states that it has observed me as “a self-acclaimed human rights
defender” but adds that it’s concerned that I should get adequate
mental health and counseling. I want to state from the outset that I
appreciate that I need adequate mental health just like everyone
including but not limited to all UHRC staff need mental health services.
As to whether I am a self-acclaimed human rights defender, I refer the
UHRC to United Nations Fact Sheet 29 for it is absurd that a whole
National Human Rights Institution that has recently won an award from
the African Commission on Human and People’s Rights (ACHPR) and holds an
‘A’ status given by the United Nation’s International Coordinating
Committee for National Human Rights Institutions doesn’t know who a
human rights defender is.
On the allegation that I have assaulted a
Police Officer at CPS and another at the UHRC Head Office, I kindly beg
that Ms Munyirwa the author of the derogatory response comes to court
to give evidence. The UHRC is full of lawyers and they know quite well
that whoever alleges proves. As I speak, I am out on cash bail and I
will periodically report to court to answer to the charges that were
politically-motivated by the UHRC. I wish to state that the UHRC is only
a National Human Rights Institution in name but in practice it is a
political institution aimed at doing public relations for Museveni’s NRM
regime by whitewashing the regime’s depraved and nasty human rights
record.
2. That I have been admitted to Butabika more than twice. I
find the UHRC reasoning not only wanting but also unfortunate and
absurd. The UHRC has engineered my being taken to Butabika on two
occasions. They only do that after I have punched holes in what they do
and shown them that they have to respect donors’ and taxpayers’ money.
On both occasions, I have not been subjected to drugs because I have
asserted myself. I want to request that the UHRC produces a medical
report from Butabika if it is to continue using that pretext to gag me
and dismiss me as an insane person. I must add, though, that I will
proudly accept to be labeled insane if that’s what it takes to fight for
justice in this country. I will however, not shy away from assuring
those who label me insane that for them they are suffering from
schizophrenia which is the highest form of mental illness. May I also
assure the UHRC that stigma is antithetical to promotion of human
rights?
3. Award for Best African National Human Rights Institution (NHRI)
I clearly stated in my article the reasons as to why the UHRC cannot be
the best African NHRI. If the UHRC disagrees with what I stated, they
should show how far they have gone in addressing the rights concerning
the areas I raised. Fortunately, as I write this article, yesterday
Friday, November 16, the Commission Chairperson Med S.K Kaggwa was at
Makerere University School of Law on a function organized by the
school’s Public Interest Legal Aid Clinic (PILAC) together with AIGP
Andrew Felix Kaweesi and Prof John-Jean Barya addressing students, human
rights and law practitioners. In his introductory remarks, Prof
Christopher Mbazira remarked that the public had fears that with the
appointment of Med Kaggwa as UHRC Chairperson the situation would worsen
but it has improved. When time for discussion came, I told the audience
and Mr. Kaggwa that I am fully convinced that the UHRC is promoting
human rights in the breach and it never merited an award. Mr. Kaggwa
couldn’t respond. In the morning hours yesterday, a day after responding
to my article, the Commission locked both its gates to block my
entrance. This was not the first time. They have done that several times
whenever they behave in an uncouth manner towards me. Surprisingly, I
had been to the Chairman’s office on November 9 and I had been given
November 16 as the day when I would meet him. I am sure the locking of
the commission gates had been ordered by Gordon Mwesigye or Florence
Munyirwa who knew I would question her about her defamatory statement
against me. It has taken me many years in school and out of school to
build my name. I will not accept the UHRC, an institution mandated to
protect and promote our rights cardinal of which is the right to human
dignity which includes the right to one’s good name to destroy my name
by a stroke of a pen. I will not accept that! Accordingly, I demand a
written and published apology from the commission and if the commission
can prove that I am defaming it like the statement claims, I should also
be forced to apologise to it publicly. I know my observation about the
UHRC is first justified and secondly, it is a fair comment.
Justification and fair comment are two defences against defamation. If
the UHRC through Ms Munyirwa can prove that their remarks are fair
comments and/or justified, they should state so and re-echo their
remarks.
4. Slow resolution of disputes and failure to pay UHRC awards
I must state that I find the reasoning given by UHRC wanting and
laughable. When the UHRC states that they have to take time to adhere to
the principles of natural justice, I laugh out loud instead of
mourning. It’s well-known to everyone who cares to know that it’s a
principle of natural justice that “justice delayed is justice denied”.
Put another way, it is a maxim of equity that “delay defeats equity”.
So, Ms Munyirwa, what exactly do you mean when you evoke natural
justice? I hope the UHRC knows the principles of natural justice? I know
there’s a principle of law that requires the judges, the commission in
this case to listen to both sides. This principle is called “Audi
alteram partem”. Adhering to this principle doesn’t mean the matter
should take ages before it’s resolved. Otherwise, how come the courts
are faster yet ordinarily the tribunals should be faster than courts in
dispensing justice? On the court awards, I wish to re-echo what the
commission chairperson Mr. Med Kaggwa said at the above mentioned
function at Makerere University. The chairperson stated that “the
government owes Sh4.5 billion to human rights victims and it seems not
interested to pay yet some of the victims need this money to treat
themselves”. This augments my statement that the victims rarely get the
awards. The question to be asked thus is, “What does it help to lodge
one’s complaint with the UHRC when there will likely be no compensation
even if one won the case?” Granted, the UHRC has no budget for awards.
Is it not a toothless barking dog? Has it ever petitioned parliament to
amend the UHRC Act to allow it the mandate to compensate victims? My
considered view is that the UHRC is in place for propaganda purposes –
i.e to show that the NRM is committed to fight human rights violations.
During my Secondary School days we would say, “Tubamanyire” meaning we
have known you. Surely, some of us have known the UHRC.
It is quite
unfortunate for the UHRC to state that I have personal vendetta against
any UHRC staff member. I share nothing else in common with those people
apart from the fact that I am impassioned for human rights and justice
which ironically they shamelessly abuse although their mandate is to
promote, protect and defend them. I am told that a group of enraged
young men (call them “patriots”) under the leadership of Yoweri Kaguta
Museveni, Uganda’s current president picked fire arms on February 6,
1981 to fight a government that they had lost to in an election that had
been held hardly two months before on December 10, 1980. That group of
“patriots” walked on dead bodies to ascend to state power five years
later. No state institution including the UHRC has ever labeled such
“patriots” violent. Paradoxically, I, Vincent Nuwagaba who only uses my
pen and my tongue am portrayed by the UHRC to be violent. What a
contradiction? What an absurdity?
5. The Commission fights human rights defenders
I want to re-echo what I stated that the Commission fights human rights
defenders who are critical of the government’s sordid human rights
record. I am a human rights defender and I don’t have to labour to prove
that. My record can speak for me. I believe if nobody is willing to
speak your story, your story should speak about you. When I was a
students’ leader at Makerere University since 2001-2004, I consistently
decried the inhuman and degrading treatment the government subjected to
the government-sponsored students. I wrote several letters in the Daily
Monitor and anybody including but not limited to the UHRC can check the
Monitor archives to ascertain my claim. I wasn’t paid by anybody but was
driven by my passion for justice and human dignity. I strenuously
opposed the repeal of Article 105(2) in our Constitution both on air and
in print. I have rescued so many people detained illegally in the
police cells. Just recently, I helped all the inmates of Murchison Bay
Prison make phone calls to their people free of charge. Before my
incarceration there the Welfare Officer Nurru Kateregga used to demand
for money before making any phone call for anybody yet the welfare
office is funded by our very organization the Foundation for Human
Rights Initiative (FHRI) under the Para Legal Advisory Services project.
I continue to be a fearless voice of the voiceless and what frustrates
me is the fact that we don’t have a fully independent press. Otherwise, I
would be exposing the most glaring human rights cases that you cannot
believe. In all I do, I get no salary; I get no funding from donors or
taxpayers’ money. So what is the UHRC claim to fame vis-à-vis poor
Vincent Nuwagaba?
6. I want to thank the UHRC for putting a very big
smile on my face. I am sure the UHRC is caught between a devil and a
deep blue sea. This reminds me of a story that my grandma Susanna
Kirakwende (RIP) used to tell me when I was young. The story is about a
hyena which swallowed meat fats that were glued onto a stone that had
been overly heated. When the hyena swallowed the meat, it found it
extremely hot. Therefore, the hyena started asking itself, “Ncwere,
ncwere obunuzi, miire, miire omuriro”, meaning “if I spit, I will spit
the delicacy; if I swallow, I will swallow fire”. The hyena stayed in
its indecision until it died of the hot meat fat glued on a stone that
was as hot as a furnace. Likewise, in its myopic folly of portraying me
an insane man and at the same time prosecuting me, the UHRC will
ultimately sooner than later meet its demise. As a matter of fact, the
UHRC has since February 8, this year subjected me to inhuman and
degrading treatment but also instigated pharmacological torture against
me. I am part of the civil society group that developed the Prevention
and Prohibition of Torture Bill which was enacted into law and assented
to by the President on July 12, 2012. I also did a media campaign for
this law by publishing articles in newspapers. I am sure the UHRC knows
very well that among the forms of torture highlighted by the Act is
pharmacological torture. Can the UHRC claim it has not tortured me or
can Mr. Gordon Mwesigye claim he hasn’t tortured me?
As a matter
of fact, I have no problem with the police at the UHRC. I know they are
just used as attack dogs. One of them has on one occasion asked me, “how
come you don’t quarrel with anybody but when Mwesigye sees you he
becomes hysterical?” and I told him, “ask yourself that or ask Mr.
Mwesigye”. I never go to the commission with any tool – not even a
safety pin or a razor blade. How come they fear me? I know sooner than
later we shall dismiss Ugandan dictators without arms. And I am happy I
am becoming an expert on non-violence revolution using nobody’s
experience. I am not using Mahatma Gandhi’s experience; I am not using
Martin Luther King’s experience. I only request the journalists to
always cover me so that in the near future there’s a video, audio and
written evidence of how to overthrow decadent regimes. I have learnt
that to overthrow Museveni, we must start with his roots – who are his
cadres in state institutions. Museveni merely thrives and survives on
decadent institutions. That’s why I will go for some elements in the
police such as Edward Kale Kayihura and Andrew Felix Kaweesi; I will go
for his cadres in the UHRC, I will go for his cadres in the judiciary
and his cadres in the Electoral Commission. We eject cadres from state
institutions, we shall have ejected Museveni.
I find it laughable
that with my levels of education, with my work experience in academic
institutions, research institutions and human rights organizations, I
Vincent Nuwagaba, can be branded by the UHRC a vagabond that has to be
kept off its premises! I have stated this several times and I have to
reiterate it. Public institutions are impersonal. They only exist to
serve the public. The UHRC doesn’t belong to Gordon Mwesigye, Med Ssozi
Kaggwa, Roselyn Karugonjo or Florence Munyirwa who shamelessly abuse the
otherwise revered institution. I definitely love the UHRC.
Incidentally, I even love and respect the UHRC staff including those who
degrade, dehumanize and torture me. But I vehemently hate their filthy
actions and character. I separate sin from the sinner. I accordingly,
hate the sin but I unreservedly love and respect the sinner.
7. Visits to detention centres
I find it laughable if not ludicrous that the UHRC says it visits
detention centres yet it has never published the grave human rights
violations inflicted on the prisoners especially in prison farms.
Please, go to Murchison Bay prison and ask for a prisoner called Gerald
Kamanzi. Ask him how he had three bullets showered into his foot. Ask
him whether he is a convict. If he is not, tell the entire world why
remands are used to do hard labour in the prisons’ farms. Mao Tse Tung
once said “No investigation, no right to speak”. The truth of the matter
that UHRC only does propaganda not human rights work. The Commission
should let people like us who do human rights work do the talking and
the commission does the listening. By the way, very soon, I will publish
the glaring case of a young man who was castrated by the state
operatives and his case was abandoned by the commission depending on
flimsy and uncalled for technicalities.
8. Partisan officials at the UHRC
I know that all fairly educated Ugandans know for sure that very few
state institutions if any employ people on meritocracy basis. By the way
this also goes to non-state institutions. My concern, however, is about
state institutions. Before one gets a job, they must be from an NRM
family, they must be NRM members or sympathizers and in a number if not
all cases, investigations have to be carried out up to the Local Council
level. We have village internal security officers (VISOs), parish
internal security officers (PISOs), Gombolola internal security officers
(GISOs), District security officers (DISOs) and so forth. We also have
MISOs (Makerere internal security officers) and I have friends in ISO
who tell me that ISO deploys everywhere – including in churches,
mosques, non-governmental NGOs, hospitals, academic institutions, name
it. At the function at Makerere University, Mr. Med Kaggwa acknowledged
that he was appointed to head the commission because he was an NRM
cadre. Prof John-Jean Barya, expressed worry that president Museveni has
always stated that he wants to appoint NRM cadres to run the judiciary.
IGP Kale Kayihura is an NRM cadre and all the leaders in the police are
NRM cadres – on Tuesday, November 13, the OC CID at CPS proudly told me
and some two Makerere students of how he is an NRM cadre and how they
are ready to crush the opposition. He even candidly pulled out his NRM
card and showed it to us! The entire Electoral Commission is headed by
NRM cadre (we have done a scientific study for the United Nations
Economic Commission for Africa and UNDP headed by Professor John-Jean
Barya). Thus, if all other state institutions are run by the NRM cadres,
what’s so unique, what is so special; what is so spectacular about the
UHRC?
9. UHRC position on topical human rights issues
I am
glad that the UHRC says that it gives its position on topical human
rights issues. How come, I don’t see its position on the right to
education; the right to health; the right to employment and the right to
adequate standards of living? How come the Commission is not upfront
and forthright on socio-economic rights which in most of my newspaper
articles I have accentuated? How come the police stay in condemned
asbestos roofed houses far contrary to ILO Convention 162 that was
ratified by Uganda many years ago? How come the commission has always
been silent about workers’ rights which are a springboard for all other
rights? How come in the wake of public universities’ fees hike tuition,
Mr. Kaggwa said it was alright? How come many civilians are tried in
military courts and stay in prison for more than six years as remands?
Go to Murchison Bay and look for John Bosco Olweny. Follow his case to
its logical conclusion and then tell me that UHRC does human rights
work. Talk about human rights reports is hogwash. Unfortunately, the
UHRC will win an award as the best NHRI from the ACHPR and will get an A
status from the UN International Coordinating Committee for National
Human Rights Institutions on the basis of the reports it makes. But do
reports promote and protect human rights? I am in the field and know
what is taking place. If I was allowed freedom to utilize my brains and
time, I would write a paper on each of the components raised. I believe,
though that I will do my best before I am exterminated. If I am killed
before doing that so be it.
Conclusion
The UHRC rightly states
that it is the only National Human Rights Institution and it will remain
so. The statement adds that UHRC has no need to compete for supremacy
with any other organization. I know the UHRC personnel feel offended
whenever Foundation for Human Rights Initiative (FHRI) is appreciated.
But that’s because UHRC has abdicated its duties and obligations. It has
been overshadowed by FHRI in the field of human rights and in Uganda
human rights is synonymous with Livingstone Sewanyana and FHRI. I also
want to state that organizations such as the National NGO Forum
currently headed by Mr. Richard Sewakiryanga are doing a more relevant
job than the UHRC. However, I will not overly critique the UHRC. Surely,
virtually all state institutions in Uganda are now kaput.
Anybody
who tries to block me from accessing the services of any state
institutions is a somnambulist; a sleep walker for I know I am a citizen
and not a subject. The UHRC can only do that if they banish me.
Unfortunately for them, several direct and indirect overtures have been
made to banish me and I have refused. Ask the human rights defenders who
are close to me how many times they have attempted to get me asylum in
the most highly developed country America. Conduct research and
establish how many US government officials have had interviews with me
and asked me what I want and I never tell them I want asylum.
I
would like to refer everyone including the UHRC of the scripture “We are
afflicted in every way, but not constrained; perplexed, but not driven
to despair; persecuted, but not abandoned; struck down, but not
destroyed” (2Corithians 4:8-9).
Finally, I advise my sister Florence
Munyirwa not to be used. After receiving the statement in my inbox I
asked her in a text message whether she was ready to finish the battle
she had launched against me and she replied by saying she was not
involved in any fight against me because she doesn’t want strife adding
that the statement was by the UHRC. My worry, however, is why does she
accept to be used as though she is a robo? As a matter of fact, I cannot
fight her for I know she is not a problem. Let her learn that she can
only make a plausible point by attacking the points I raise not by
labeling me a mentally deranged person for I am sure readers can
decipher who is mentally deranged between me and her owing to what we
write. Labeling me insane is just diversionary aimed to forestall us
from asking the tough questions. I know I am not only a critical thinker
but a philosopher king who cannot indulge in trading insults.
The
UHRC should also apologise to HURINET’s Patrick Tumwine for abusing his
name in matters the commission doesn’t know. The truth of the matter is
that on September 28, when we had a workshop about the right to know, I
was grabbed by the police from the hotel at the orders of the Director
for information in the Office of the Prime Minister Simon Mayende
because he felt uncomfortable with the truth I was speaking. Patrick
Tumwine followed me out after my arrest and pleaded with the police to
release me in vain. When I told him about the UHRC statement he was very
disappointed that the UHRC can disgrace itself to that level! I cannot
rule out anything including but not limited to being put to death for my
advocacy for total, real liberation of this country. Therefore, I
request that whatever I have documented be published online and in hard
copies in case I have been exterminated by Museveni and his cadres
including UHRC staff. All generations will thus know what Vincent
Nuwagaba stood for.
Vincent Nuwagaba is a human rights defender
vnuwagaba@gmail.com
+256702843552/+256772843552
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