THE POLICE SHOULD RESPECT THE RIGHTS OF UGANDANS
Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, nationality or ethnic origin, colour, religion, language, or any other status. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. The principle of universality of human rights is the cornerstone of international human rights law. This principle was first emphasized in the Universal Declaration on Human Rights in 1948, it has since then been embraced by various conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights for example noted that it is the duty of states to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. Since the adoption of the Universal Declaration of Human Rights on 10 December 1948, the UN has developed a wide range of international human rights standards and norms, as well as mechanisms to promote and protect those rights. The participation of other actors, including non-governmental organizations (NGOs), has been essential to this process. The rights and freedoms set out in the UDHR were not enforceable, although today most would be recognized as customary international law and some even as jus cogens. However, the UDHR did represent the first attempt to afford comprehensive international protection for the individual. It is upon this background that human rights protection at the national level through the implementation of the human rights obligations contained in the treaties is ensured. In spite of evident progress, serious human rights violations continue to occur worldwide. The Universal Declaration of Human Rights (UDHR) was adopted early in the life of the UN, by a General Assembly Resolution on 10 December 1948. It was drafted by the Commission on Human Rights. As a General Assembly resolution, the UDHR is not a legally binding instrument. That was not the intention; rather, in the words of Eleanor Roosevelt, Chair of the UN Commission on Human Rights and US Representative to the General Assembly, the UDHR was to act as a ‘common standard of achievement for all peoples of all nations’.
The UDHR set down minimum standards in respect of a number of wide ranging identified rights and freedoms. It contains 30 Articles relating to those rights and freedoms which are regarded as being every person’s birthright. Articles 1 and 2 of UDHR are regarded as fundamental, underlying all human rights: the right to freedom and equality and to freedom from discrimination. Articles 3–21 set out civil and political rights whereas Articles 22–27 refer to economic, social and cultural rights. The last three Articles call for a social and international order safeguarding the universal enjoyment of all human rights in which, inter alia, individuals have duties to the community. Uganda not being left out is a signatory to a number of international human rights legal instruments, namely the Universal Declaration of Human Rights. However, questions have been raised as to why a government that has in the first place assented to international obligations, gone ahead to codify them in its native law gone ahead to breach its obligations. It is important to note that under the 1995 constitution of Uganda quite a good number of rights and obligation are provided for. Similarly article 20 of the 1995 constitution of Uganda provides that fundamental rights and freedoms of the individual are inherent and not granted by the State, these rights and freedoms of the individual and groups as enshrined in Chapter four shall be respected, upheld and promoted by all organs and agencies of Government and by all persons. It is important to note that the state does not grant human rights but rather acts as a regulatory body on how they will be enjoyed. The government of Uganda headed by President Museveni which the citizens gave the mandate to govern through an election in 2011 should put this in consideration. Following the way government and its institutions mainly the police are handling the citizens in some instances is improper. Most especially in effecting arrest due to circumstances that have been dubbed illegal, it is important to note that the police does not in any way grant permission to stage assemblies as it is a constitutional right as per article 29 (1) (d). The mandate of police is merely to ensure that the assembly is staged in a peaceful manner and henceforth does not violate the rights of other citizens this is provided for in S.32 of the Police Act. The section further provides for the mandate of police to issue guidelines on how assemblies are to be conducted. However the manner in which demonstrators have in some scenarios been arrested by the police is way too much. In as much as some of them have in some instances overlooked the security guidelines, this does not call for effecting their arrest by spraying pepper in their eyes, crushing their cars, harassing them in public and handling them in a manner that is really demeaning.
Section 36 of the Police Act provides that the police officer in charge can do whatever it takes to disperse illegal assemblies. Important to note however is that the test of whatever it takes to disperse the assembly should be within the ambits of reasonable force. There is no reason for dragging people onto pickups like they are not human, battering them like snakes and even arresting them in a demeaning manner.