The Champions for an HIV-Free Generation (Champions) have asked president Museveni of the occupation Uganda government to be careful about the likely ramifincation of two contravesial NRM bills on AID and Homosexuality. Museveni’s NRM government is quietly pushing for passage of the two bills by Uganda’s rubberstamp parliament.  In a letter signed by Festus Mogae, the Champions chairman, the group tells Museveni that, if passed, the NRM laws, which include imprisonment for those convicted of homosexuality, would go against international human rights standards and best practices for combating AIDS.

The Champions for an HIV-Free Generation is a group of former African presidents and other influential personalities, have agreed to meet this challenge by advocating for a renewed and revitalized response from our regional leaders, with a focus on proven HIV prevention measures. It is chaired by Festus Mogae, former president of Botswana. Members include Desmond Tutu, Benjamin Mukapa and others. More details about the Champions are available on their website at www.hivfreechampions.org.

 The letter to the presdent of Uganda’s occupation government is reproduced below:

OFFICE OF THE CHAMPIONS SECRETARIAT

Festus G. Mogae
Chairperson
Telephone: + 267-3914071/3914082 Fax: + 267-3914097
Plot No. 115, Unit 4 Millenium Park Kgale Mews GABORONE
P/Bag 00318 GABORONE BOTSWANA

October 30, 2009

CFHIVG-PR-200910

 His Excellency, President Yoweri Kaguta Museveni President of the Republic of Uganda
State House Nakasero
P.O. Box 24594
Kampala, Uganda

Your Excellency,

On behalf of the Champions for an HIV -Free Generation, I send you warmest greetings and best wishes.

We, the Champions for an HlV-Free Generation, are on a mission to exchange ideas and encourage stronger and more visionary leadership in response to the HIV and AIDS epidemic in Sub Saharan Africa. Our mandate is to promote key policy, legal, cultural and behavioral practices, as well as messages that help accelerate the social outcomes needed to achieve an HIV-free generation.

The first is a draft Bill, the “Anti-Homosexuality Bill 2009,” recently introduced by a private member’s motion in the Parliament of  the Republic of  Uganda. Among the most disturbing  provisions of the bill are: Incarceration for any person convicted  of  ”homosexuality”; a sentencing of death for anyone with HIV convicted  of  ”aggravated homosexuality”; incarceration for “promotion of homosexuality”; criminal penalties that apply to citizens and permanent residents living outside of Uganda; and declaring null and void any “international  legal instrument whose provisions are contradictory to the spirit and provisions enshrined in this Act:”

The second Bill that has come to our attention is the draft “‘HIV and AIDS Prevention and Control Bill,” currently under debate in the Uganda Law Reform Commission. Many positive aspects of the bill exist, including provisions against discrimination of people with HIV and AIDS in schools and at places of work. However, one provision of the Bill stipulates incarceration for offenses related to the “breach of safe practices of HIV prevention.”

Your Excellency, we respectfully express our concern at the provisions referenced in these two Bills and fear that passage of such legislation, which deviates from international best practice and recommendations, could lead to increased stigma and discrimination against people living with HIV and AIDS and the groups most vulnerable to the epidemic.

The 2001 UN General Assembly Special Session (UNGASS) Declaration of Commitment on HIV and AIDS, adopted by all UN Member Stares, emphasized the importance of addressing the needs of those “at the greatest risk of, and most vulnerable to, new infection as indicated by such factors as … sexual practices.” At the 2006 High Level Meeting on AIDS, the Member States reiterated their commitment underlying the need for “full and active participation of vulnerable groups … and to eliminate all forms of discrimination against them … while respecting their privacy and confidentiality.” Furthermore, assessments conducted by UNAIDS for the General Assembly have confirmed that stigma, discrimination and criminalization faced by men who have sex with men are major barriers to the movement for universal access to HIV prevention, treatment, care and support.

UNAIDS has recommended that governments respect, protect and fulfill the rights of men who have sex with men and address stigma and discrimination in society and in the workplace by amending laws prohibiting sexual acts between consenting adults in private, enforcing anti-discrimination, and promoting programmes for men who have sex with men who may be especially vulnerable to HIV infection.

With respect to the “HIV and AIDS Prevention and Control Bill”, UNAIDS and other international best practices recommend against HIV -specific criminal laws, laws directly mandating disclosure of HIV status, and other laws which are counterproductive to HIV prevention, treatment, care and support efforts, or which violate the human rights of people living with HIV. Inappropriate or overly­ broad application of criminal law to HIV transmission creates a real risk of increasing stigma and discrimination against people living with HIV, thus driving them further away from HIV prevention, treatment, care and support services.

Your Excellency, the Champions for an HIV-Free Generation believe that positive action by both government and individual leaders of stature, like yourself, can help create environments that promote HIV prevention efforts and behaviour change. We humbly ask that you take action to halt the harmful provisions in the draft Bills cited in this letter, and by doing so, preserve the rights of all Ugandans.

Yours Sincerely

Mr. Festus G. Mogae

Chairman of the Champions for an HIV-Free Generation and Former President of  the Republic of Botswana

Copied To:
(a) The Champions: Their Excellencies: Kenneth Kaunda, Joaquim  Chissano and Benjamin Mkapa; His Grace, Desmond Tutu; Dr. Speciosa Wandira; Justice Edwin Cameron; Prof. Miriam Were and Ms. Liya Kebede

(b) Chairman, Uganda Law Reform Commission

In a sign that president Museveni is can no longer push Baganda around, his government is quietly abandoning the fake case they filed against Buganda’s state minister for information, Medard Lubega Sseggona and the Chairperson of the Central Civic Education Committee, Betty Nambooze Bakireke. The case resulted after president Museveni ordered the kidnap and illegal imprisonment of the two Buganda officials plus Minister for Cabinet affairs, Peter Mayiga, one year ago. The main reason Museveni gave for the order is that “annoyed” him as president.  It is not very clear why Mayiga was never charged, given that the facts of the case were made up after Museveni was pressured by Baganda youths and aid donors to release or charge the popular Kabaka’s officials.

Nakawa chief magistrate permanently stayed hearing of the case on the basis that it is illegal to continue trying a matter which is still before the constitutional court following a submission by the lawyers of the accused that court needs to give a longer adjournment pending constitutional court pronouncement. Mr. Museveni’s prosecution happily agreed.

A source close to Mr. Museveni’s statehouse has told us that July has been a terrible month for the Uganda strongman.  For the first time since 1986 he was forced to reverse himself on strong anti-Buganda and anti-Kabaka public statements he had made. According to the source: “His excellence feels really bad that he had to ask Tamale Mirundi to do damage control on the ‘No Federo’ statement made on WBS TV and, even worse, that he had to tell Kabushenga to publically apologize for the New Vision attacks on Kabaka. But it also appears that the president does not have the energy to fight so many battles. Think about it, in 1997 HE would be sharp even though he slept only 2-4 hours a day. Now, even when he sleeps 6 hours in a day, you can see him half-dozing, confusing facts and always in a quarreling mood.”

A more detailed report on the case from the Buganda Government website is shown below.

COURT STAYS CASE AGAINST MEDARD AND NAMBOOZE

By Ntale Yunusu

Nakawa chief magistrate, Deo Ssejemba has permanently stayed hearing of the case against Buganda’s state minister for information, Medard Lubega Sseggona and the Chairperson of the Central Civic Education Committee, Betty Nambooze Bakireke.

The two together with information minister, Charles Peter Mayiga were arrested from Kampala in July last year and taken to various police cells in Western Uganda for a full week.
Charles Peter Mayiga was later released unconditionally while Medard Sseggona and Betty were both charged for uttering seditious statements against the person of the president.

The charge sheet asserts that the duo uttered statements on CBS fm radio programmes Twejjukanye, Agafa e Mengo and Cross fire in March 2008 which it claims were aimed at causing hatred and disaffection against the president.

Prosecution further claims that Medard Lubega Sseggona during a cross fire programme on 8th March, 2008 said that Museveni’s war against Mengo is truly a war against Buganda Kingdom and the Baganda which prosecution says caused hatred among the public against the president.

The charge sheet further stated that during the Agafa e Mengo programme, Sseggona wondered why the recent school fires were targeting Buganda region and therefore urged people in Buganda to develop their own resolutions to stop the fires if government does not find a lasting solution to the matter.

The magistrate ruled that it’s illegal to continue trying a matter which is still before the constitutional court following a submission by the lawyers of the accused that court needs to give a longer adjournment pending constitutional court pronouncement.

He went further to pronounce that there is a pending matter before the constitutional court protesting constitutionality of the articles of sedition which was filed by the accused and another one by a city journalist Andrew Mwenda.

After the ruling by the Nakawa Magistrate, Medard Lubega speculated that the state seems to have lost interest in the matter which is dismay to rule of law and freedom of speech maintaining that the seditious charges are vague as one cannot assume what might annoy the president.

He added that they are set to continue demanding for Buganda’s interests and warned that actually charges should be opened up against those who wrongfully sanctioned prompt up charges against the officials.

Baganda in the United Kingdom had a meeting on July 20th to discuss the mounting problems in Buganda, specifically the imprisonment of the Mmengo officials. Below is the statement they released as a result of the meeting. PUBLIC MEETING OF UGANDANS RESIDENT IN UK We, the Ugandans originating from the Kingdom of Buganda and our friends who support democracy, the rule of law and free speech, assembled here in London, UK on 20 July 2008, at an emergency meeting which has been convened to discuss the increasing Human Rights Violations in Uganda and in particular having discussed;

1. The brutal arrest, without a lawful warrant of arrest, by a combined force of Uganda Police and State Intelligence operatives and subsequent imprisonment of: Ow’ekitiibwa Peter Charles Mayiga, Ow’ekitiibwa. Medard Lubega Sseggona both serving Ministers in HM The Kabaka’s Government plus Hon Betty Nambooze, member of the land Bill sensitization Committee.
2. The increasing intimidation by the Government of Uganda against all those who are opposed to the Land Bill.
3. The singling out of Baganda while turning a blind eye to others who have made statements which could promote sectarianism and incite violence.
4. The increasing threat and intimidation of the press including random unlawful rounding up and detention of Press workers.

The increasing violation of Human Rights in Uganda by the Government of Uganda . We resolve as follows:

1. To ask the Government of Uganda to free the two Buganda Ministers and a member of the Land Bill Sensitisation Committee immediately and unconditionally.
2. To ask the Government of Uganda to uphold the freedom of the press and not to take undemocratic measures to muzzle the voices of those who have different views from that of the Government or, more precisely, to that of a few individuals in the Government
3. To ask the Government of Uganda to observe the rule of law at all times and avoid acts of intimidation, threats of imprisonment, misuse of the police and the judiciary.

We would like to re-assure all those concerned that no level of intimidation or threats will derail us from pursuing fairness in matters pertaining to Buganda. If anything, these threats and intimidation only strengthen our resolve. We end by re-iterating our full support and unswerving royalty to H.M. Ssaabasajja Kabaka and the Mmengo Government resolutions on the the ill fated Land Bill 2007, Federo and the return of all Buganda’s confiscated assets foremost of which is our 9000 square miles of land.

Signed:

Joseph Musisi -Chairman Buganda Community in UK
Fred Ssemugera -Chairman Bika bya Baganda UK
Godfrey Ssekisonge -Chairman Saagala Agalamidde UK
Lawrence Muyimba -Chairman The Centre
Moses Luzinda -Chairman Ramos