The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in Uganda.
New information:
According to the information received, on June 20, 2008, Mr. Pepe Julian Onziema, Ms. Valentine Kalende and Mr. Usaam Mukwaya appeared in Court at 9:30 am, at the Buganda Road Magistrate’s Court in Kampala. The hearing for "criminal trespass" (See background information) did not take place because the State witnesses were not in court for the hearing. The Magistrate then requested the Public Prosecutor to inform her why the State witnesses were not present for the hearing. The Public Prosecutor informed the Magistrate that one of the State witnesses was not feeling well and that he had a problem of back ache. The second State witness’ mobile phone was switched off.
The lawyer of Mr. Pepe Julian Onziema, Ms. Valentine Kalende and Mr. Usaam Mukwaya requested the Magistrate to dismiss the case on grounds of the Sate witnesses not being serious with the case, as well as lack of enough evidence. However, the Magistrate adjourned the hearing to July 8, 2008.
The Observatory expresses its concern about the ongoing judicial proceedings against Mr. Pepe Julian Onziema, Ms. Valentine Kalende and Mr. Usaam Mukwaya, which blatantly violate regional and international instruments on human rights that guarantee freedom of expression, in particular the International Covenant on Political and Civil Rights, the African Charter on Human and People’s Rights and the provisions of the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on December 9, 1998.
Background information:
On June 4, 2008, Mr. Pepe Julian Onziema, Ms. Valentine Kalende and Mr. Usaam Mukwaya were arrested by the Uganda Police Force at the 2008 HIV/AIDS Implementers’ Meeting, taking place in Kampala, Uganda, from June 3 to 7, 2008. Along with other LGBT and HIV/AIDS activists, they were peacefully protesting against statements made by a Ugandan Government official that no funds would be directed toward HIV programmes benefiting to men who have sex with men.
Indeed, on May 2, 2008, Mr. Kihumuro Apuuli, Director General of the Uganda AIDS Commission, stated that "gays are one of the drivers of HIV in Uganda, but because of meagre resources we cannot direct our programmes at them at this time". The LGBT activists, including members of Sexual Minorities Uganda (SMUG), staged a peaceful protest at the HIV Implementers meeting to protest against the Minister’s statements and in a more general way the absence of response of the Ugandan Government to a growing HIV epidemic among the country’s LGBT community.
After they started distributing leaflets and holding up small placards demanding attention to HIV vulnerability among LGBT, Mr. Pepe Julian Onziema, Ms. Valentine Kalende and Mr. Usaam Mukwaya were arrested and immediately brought to the Jinja Road Police Station.
On June 6, 2008, the three defenders were released on a bail of 500,000 UGX (310 USD). However, they remain charged with "criminal trespass", under Section 302 of the Ugandan Penal Code. The case was adjourned to June 20, 2008.
On June 7, 2008, Mr. Usaam Mukwaya was re-arrested at the HIV Implementers’ Meeting in Kampala, before being released after four hours in police custody and was charged with "forgery". He was ordered by the police to return to the station on June 10, 2008. On that date, he reported at the police station, and the forgery charges were dropped.
Actions required:
Please write to the authorities of Uganda urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Pepe Julian Onziema, Ms. Valentine Kalende and Mr. Usaam Mukwaya;
ii. Put an end to all kinds of harassment, including at the judicial level, against Mr. Onziema Patience, Ms. Valentine Kalende and Mr. Usaam Mukwaya as well as against all human rights defenders in Uganda;
iii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its above-mentioned Article 1 and article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration";
iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uganda.
Addresses :
– President Kaguta Yoweri Museveni, President of the Republic of Uganda, Office of the President of Uganda, State House Nakasero, P.O. Box 24594, Kampala, Uganda. Fax: +256 (0) 414 436 102 / + 256 41 4235459 / +256 41 4344012. E-mail: museveni@starcom.co.ug / aak@statehouse.go.ug
– Attorney General and Minister of Justice and Constitutional Affairs, Hon. Dr. Edward Kiddhu Makubuya, Ministry of Justice and Constitutional Affairs, Parliament Avenue, P.O.Box 7183, Kampala, Uganda. Fax: + 256 41 4250829. E-Mail: mojca@africaonline.co.ug
– Mr. Richard Buteera, Director of Public Prosecutions, Ministry of Justice, Constitutional Affairs & the Attorney General, Tel: +256-414-332-502/332-504, Fax: +256-414-258-565/341-316, Email: admin@dpp.go.ug
– Minister of Internal Affairs, Ruhakana Rugunda, Jinja Rd, PO Box 7191, Kampala, Uganda. Fax: + 256 414343088
– Mr. Kale Kaihura, Inspector General of Police, Telephone: +256 (0) 712 755 999
– H.E. Mr. Arsene M. Balihuta, Permanent Mission of Uganda to the United Nations in Geneva, 6 bis rue Antoine Carteret, 1202 Genève, Switzerland. Fax: + 41 22 340 70 30. Email: mission.uganda@ties.itu.int.
– Embassy of Uganda to the EU in Brussels, 317 avenue de Tervueren, 1150 Woluwe-Saint-Pierre, Belgium. Fax : + 32 2.763.04.38. Email: ugembrus@brutele.be
Please also write to the embassies of Uganda in your respective country.
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Geneva - Paris, June 20, 2008
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Email : Appeals@fidh-omct.org
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