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

A New Jersey Muganda resident and United States citizen sent us an email on November 4, 2009, proposing a pledge of allegiance for Baganda all over world. The email says: “No question about it, the Kabaka and his subjects in Buganda are in captivity today. Buganda is in a constant state of emergency. Since we are under constant attack by the enemy, it is time for every loyal Muganda to openly declare their full allegiance to the Kabaka and our other institutions. And for those who have their allegiance elsewhere, like Nsibambi or Bukenya or Sekandi, to be officially exposed.”

The Muganda explained that:  “Having a simple pledge like this, which even school children and old people can recite every day shall help us to stay on focus until  our nation is rescued.”

Below is the text of proposed Buganda Pledge of Allegiance . The author admits that it is about 90% based on the United States pledge of allegiance . He also hopes that Buganda Post readers who know good Luganda can properly translate the pledge to Buganda’s national language and suggest changes.

BUGANDA PLEDGE OF ALLEGIANCE

I pledge allegiance to the institution of Kabaka, the Baganda clans, and the Buganda Kingdom for which they stand, one nation, indivisible, under God, with liberty and justice for all.

[Editor: Please include any suggested changes or translations in comments under this story.]

Justice Musoke Kibuuka has ordered the chief of Uganda police, military man Maj. Gen. Kale Kayihura, to produce Jane Nakambugu, a 14 year old Muganda girl who was abducted from her home by a police woman on September 1, 2009.  The order requires Kayihura to produce Nakambugu in court by September 24, 2009.

According to Jane’s parents, Yowasi Kalega and Esther Nakayiwa, their daughter was taken without explanation from her home in Kasana, Bulemeezi county, by a police woman and locked up at Kiwoko police station.

Jane’s parents told the judge that they followed their daughter and her abductor to Kiwoko police station to get the facts were told to come back after their daughter made a statement. They returned on September 3, only to be told that their daughter has been freed the day before. Suspicious of the police behavior, the distraught parents run to Justice Kibuuka’s court to plead for their daughter’s life.

It is not yet clear why the Kiwoko police, notorious among the locals for its high corruption, would abduct  a 14 year old child in a style that was fashionable during dictator Idi Amin’s regime. However, Nakambugu was a 4th grade student at Kiwoko Church of Uganda Primary School, where, as in many Buganda schools, children as young as 10 have learnt to  openly and aggressively express their ethnic identity and commitment to the Kabaka. Moreover, Nkoba za Mbogo, the main Baganda youth organization now boasts over 100,000 members in branches starting from primary schools through universities and professional ranks.

Following in the footsteps of Milton Obote and Yoweri Museveni, UPC’s Olara Otunnu has, over the last 6 months, secured a deal (“mukago”) with respected foreign based  Baganda to promote his presidential candidacy. According to a press release dated July 11, 2009, Mr. Otunnu, an Acholi, has been joined four USA based Baganda men,  James Ssemakula (California), John Mayanja (Massachusetts), Mubiru Musoke (Massachusetts) and  Aloysius Lugira (Massachusetts) to form the Campaign for Democracy and Justice in Uganda (CDJ). According to our sources in New York, this is a major step in Mr. Otunnu’s plan to sell himself as the next savior for Baganda – following Obote, Amin, Okello and Museveni.

All Mr. Otunnu’s Baganda partners, with the exception of James Ssemakula, are long-term DP activists and it is not yet clear how their new relationship with UPC’s designated 2011Uganda  presidential candidate might affect their politics.  Additionally, Otunnu’s Baganda partners are all old men over 50 years old who have lived out of Uganda for decades. Interestingly, Mr. Otunnu has not included any of his many American based fellow Acholi’s in this group. Yet his UPC political and security infrastructure in Uganda is getting constructed exclusively by Acholis and anti Miria Obote Langis.

The CDJ leadership is clearly dominated by Baganda who are known to put Buganda and Kabaka first.  However, their press release does not even include the word “Buganda”.  Some Buganda watchers might interpret this as a sign that, like Nsibambi, Gilbert Bukenya, Sekandi and Kiddu Makubya, the CDJ Baganda members fear that direct promotion of Buganda interests would be “tribalistic” and embarrassing.

The press release announcing the formation of Mr. Otunnu’s CDJ is reproduced in full below:

—

PRESS RELEASE
 
Ugandans Launch Campaign for Free and Fair Elections
 
Kampala, Boston, London, Toronto
 
11th July, 2009
 
Today a broad spectrum of Ugandans launched a major national and international campaign for free and fair elections in Uganda. This collective patriotic mission is called Campaign for Democracy and Justice in Uganda (CDJ).
 
The interim president of CDJ, Mr. John Mayanja, stated: “Previous elections conducted by the Museveni regime, which has been in power for 24 years, were massively rigged and manifestly lacked a level playing field. We must absolutely change this. This is the primary reason for the formation and launching of CDJ.”
 
CDJ will campaign for the following norms and standards:
 
. genuinely free and fair elections;
. transparent democratic practice and process;
. the rule of law and accountability;
. justice and equity for all Ugandans;
. national unity.

 
These norms and standards constitute the foundation for democracy and good government in Uganda and worldwide.
 
CDJ is not a political party. It is a non-partisan advocacy project committed to advancing the norms, principles, and standards set out above. CDJ is not affiliated with any particular political parties in Uganda; it is a broad-based network of Ugandan patriots, within the country and in the Diaspora, of diverse political affiliations and persuasion.
 
A particularly important date is approaching on the Ugandan political calendar. The country is preparing to hold national elections in 2011. CDJ will not support any parties or candidates in the forthcoming electoral contests. Its preoccupation is to mount a vigorous campaign for genuinely free and fair elections, with a level playing field for all.
 
The interim chairman of CDJ, Olara A. Otunnu noted: “Today, Uganda is a country in the throes of a grave national crisis and distress. The best way to combat this malaise is the institution of genuine democratic practice and process, beginning with free and fair elections. This would allow the Ugandan people to freely choose and shape their own destiny. It would ensure that leaders are held fully accountable for their actions before the law and the electorate. Democratic process also is the best way to prevent resort to violent conflict.”
 
CDJ calls on Ugandan patriots of all hues, both within the country and in the Diaspora, to come together and mount a robust campaign for free and fair elections in 2011. The interim secretary, Professor Aloysius Lugira stated: “The norms and standards for free and fair elections are now universally accepted. Uganda must not continue to be a perennial exception to universally accepted standards”.

This campaign is in support of the demands for electoral reforms which have been jointly tabled by the political parties in Uganda. The campaign is being launched today on the occasion of President Barack Obama’s speech in Accra; we are inspired by his seminal message, in particular on free and fair elections, accountability, anti-corruption, anti-ethnic sectarianism, anti-nepotism, and equitable opportunity, as indispensable components of democratic governance. Significantly this campaign also echoes and is in line with observations and recommendations made in 2006 by all election observers, including the European Union, the Commonwealth, and Ugandan civil society led by the Uganda Joint Christian Council (UJCC) and the ruling of the Supreme Court of Uganda.
 
2011 must inaugurate a new era for Uganda–an era of free and fair elections, with a level playing field. Ugandans demand, deserve and will accept nothing less. As President Barack Obama stated today, “History is on the side of these brave Africans.”
 
Signed by:
 
Mr. Olara A. Otunnu (Interim Chairman)
Mr. James Ssemakula (Interim Deputy Chairman)
Mr. John Mayanja (Interim President)
Mr. Mubiru Musoke (Interim Treasurer)
Professor Aloysius Lugira (Interim Secretary)
 
For further information, contact:
 
Mr. Jude Mbabaali
Foundation for African Development [FAD]
P.O. Box 2326, Kampala
Tel: 041 4510 486/041 4269 562
Mobile: 0772 444 663
Email: mbabaalij@yahoo.com; fad@infocom.co.ug
 
Professor Aloysius Lugira
Tel: 617-552-3539 or 781-439-3875.
Email: lugira.cdj@gmail.com; lugira@bc.edu

Justice Julia Sebutinde, Judge of the High Court of Uganda was scheduled to receive with an honorary Degree of Doctor of Laws from the University of Edinburgh on June 30, 2009, according to a press conference issued by the university press office. Julia Semambo Sebutinde, a Muganda of Njovu clan, is among several internationally distinguished men and women who have been offered honorary degrees by Edinburgh University, which is ranked among the tops universities in the world. At this time, Sebutinde is seconded to the UN Special Court in Sierra Leone.

Others who have received Edinburgh honorary degrees at the same time as Sebutinde Mr Anthony Bryan Hayward – CEO of British Petroleum, Mr Muhtar Kent – President and CEO of Coca-Cola and Justice Unity Dow – High Court Judge, Botswana.

Sebutinde is married to John Bagunywa Sebutinde of Mmamba clan and they have two children. Additional information on the University of Edinburgh and its Summer 2009 degree awards is available at: http://www.ed.ac.uk/news/.

Louise Edwards
Programme Officer – Access to Justice (East Africa)
Commonwealth Human Rights Initiative, New Delhi

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, Professor Philip Alston, presented his detailed report on Kenya at the recent 11th Session of the UN Human Rights Council.  In an extraordinary week of political maneuvering, reinforcing the internal tension that plagues Kenya’s Grand Coalition Government, the Kenyan delegation responded with an oral statement to the Council that contradicted their earlier written response. Having initially denied Professor Alston’s accusations of the widespread and systematic use of extrajudicial killings by the Kenya Police Force, the delegation conceded that there is a problem, but stopped short of acknowledging Government complicity.

The proceedings and outcomes at the 11th Session have received much local and international press.  Now, two weeks later, the focus must shift to action taken by the Kenyan Government to address the issues raised by Professor Alston and the fall out from the publication of his report, which included the killing of two human rights defenders that had previously cooperated with his mandate.  Despite the eventually positive response from the Kenyan delegation in Geneva, early signs of action are not necessarily promising.

Professor Alston’s report articulated what concerned local and international organisations have been saying about the Kenya Police Force for many years and which the Government failed to acknowledge until their oral statement to the Council – that extrajudicial killings are part of the policing landscape in Kenya. The oral statement also contained a public acknowledgement of Kenya’s weak police oversight mechanisms, the need to establish a local independent police commission and assurances that no human rights defenders would be intimidated or harassed as a result of their cooperation with the UN Special Procedures mandate-holders.

Nevertheless, it remains to be seen whether the promising outcomes in Geneva will translate into credible action in Nairobi.  Successive promises of reform articulated in a number of strategies and processes over the past 10 years have not been completed or sustained by the Kenya Government.  Kenyans continue to be policed by an organisation that lacks sufficient accountability structures, fails to protect or uphold basic human rights and is continually subject to illegitimate political interference.  Millions of dollars have been invested in the development and publication of commission reports, task force findings and reform strategies without any genuine steps by the Government to implement systemic reform.

The concerning state of policing in Kenya has received significant national and international attention over the past 18 months.  The police response to the 2007 post-election violence brought the issue of political partisanship, impunity and brutality to the fore.  The Waki Commission report into the violence strongly recommended comprehensive reform of the Kenya Police Force and Administration Police and Professor Alston’s report reinforced the brutal and corrupt practices that have been permitted to flourish by the unreformed, colonial policing model. 

Police reform is a daunting and long term process.  It requires substantial law reform, a radical shift in policing culture from one of impunity to accountability and the restoration of trust between police and the community.  None of these urgent reforms will happen in Kenya without the political and financial commitment of the Government to undertake reforms of this scope.  The recent establishment by the President of a special Police Reform Task Force represents a positive step towards delivering credible advances.  However, the Government must translate the Task Force’s recommendations into actual reform that goes beyond improving operational capacity to address governance, accountability and legal structures.  Otherwise the Task Force, for all its good intention, will become another failed reform vehicle.

Drawing on the previous recommendations and those foreshadowed to appear in the current Task Force findings, the Government should implement the following minimum reforms:

• Constitutional and legislative amendments that clearly separate the operational control of the police from the direct control from the political Executive and provide for transparency in monitoring police performance and conduct,
• Strengthening internal and external oversight mechanisms, including the enactment of legislation and budgetary allocation to give full effect to the Police Oversight Board plus the establishment of an independent complaints mechanisms,
• Establish a clear demarcation between the role of the Kenya Police Force and the Administration Police,
• Improve police human rights training and resourcing to strengthen human rights compliance and operational effectiveness in the prevention, detection and investigation of crime, and
• Establish clear legislative guidelines on the use of force, torture and adherence to basic due process that accord with Kenya’s existing obligations under international law.

If the Government is serious about reforming the police, a commitment to implementing past and current recommendations is not enough.  It must also take immediate steps that both demonstrate its firm commitment to reform and restore public confidence in the reform process.  A positive first action should be the investigation, prosecution and punishment of those police officers who commit or acquiesce to illegal acts including, but not limited to, those responsible for the 2007 post-election violence and the perpetrators of extrajudicial killings.

Other immediate steps must include measures to implement the Government’s guarantee of protection to individuals who have been intimidated or subject to retribution for their cooperation with the UN Special Procedures mandate-holders.  Human rights defenders, including members of the Kenya National Commission on Human Rights have been subject to threats and some have been forced to flee Kenya.  The high profile execution of two prominent human rights defenders, who cooperated with Professor Alston, and the failure by the police and Government to identify those responsible, highlights the inadequacy of protection and security for human rights defenders.  While Kenya has a witness protection programme, reform is urgently required to ensure the integrity of its internal processes (including accountability, Executive control and information storage and sharing) before those who are most in need of protection will have confidence in the systems that are designed to deliver it. 

The 2007 post-election violence, followed by the findings in Professor Alston’s report, and the tragic consequences for human rights defenders who cooperated with his mandate, have kept the problems with Kenyan policing firmly in the international spotlight.  Whether the political will to commit to genuine reform is present in the Grand Coalition Government remains to be seen, but what is clear to the international community is that the need for police reform is more crucial than ever.

The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international NGO working for the practical realisation of human rights in the countries of the Commonwealth.
www.humanrightsinitiative.org

Baganda, opposition politicians and human rights activists cried foul yesterday when Justice Wilson Kwesiga sentenced special police constable Ramathan Magara  to a 14-year prison term for killing two Baganda men. The victims were Vincent Kavuma and Gideon Makabayi. Justice Kwesiga and Magara are both Banyankore. On February 15, 2006 Magara walked to his car, pulled out an AK 47 and fired into a crowd of supporters of the FDC president, Dr Kizza Besigye, after one of them threw a stone at his car and broke the wind shield. The then presidential candidate Besigye was meeting his supporters during a visiting to Mmengo Bulange.

The charge against Magara was murder of two people when he fired into the crowd of Besigye supporters. Justice Kwesiga rejected the argument by Magara’s lawyer, McDusman Kabega, that his client shot in self-defence. The justice said that this theory was presented only as an afterthought. Also, the two court assessors (private citizens who are appointed to guide the judge) recommended that Magara be found guilty of murder, which could have fetched a death sentence.

However, many observers, especially Baganda and opposition party members in the packed court were shocked when Justice Kwesiga said that what Magara did was more like killing “in the heat of passion caused by sudden provocation”. Based on that, the judge convicted Magara man slaughter and sentenced him to 14 years in prison. Several angry protesters outside the court complained that this lenience towards people who kill Baganda could encourage government security operatives to do the same. At the time of going to press, it was not clear if Mmengo has been following the case. Occasionally, Mmengo speaks out crimes or injustices such as ritual killings as a Ugandan problem but is usually quiet when individual Baganda are mistreated by the police and judges.

SAN DIEGO, (April 20, 2009) – Being one of the first is nothing new for University of San Diego graduate Judy Ann Kamanyi. In 2003, she graduated as part of the first class to receive a master’s degree in peace and justice studies. On May 2, she will be first graduate to receive the Author E. Hughes Career Achievement Award from the Joan B. Kroc School of Peace Studies.

Kamanyi, who lives in Uganda, has worked in the public and the private sector over a period of 20 years and has been engaged in social development work at national, regional and international levels for more than a decade. She led one of the pioneer women development organizations in Uganda, Action for Development, and also headed The East African Center for Constitutional Development, a regional organization working on issues of democratic development, good governance and human rights.

“As one of the more experienced peace practitioners in the inaugural class, Judy always took the time to share her practical field experience with the other students and the professors, giving us examples and cases that illuminated our readings and helped us see the difficult choices that have to be made,” said Diana Kutlow, Joan B. Kroc Institute for Peace and Justice senior program officer, who graduated with Kamanyi. “Since she left the program, she has worked with the military, police officers, development planners and women’s organizations to consolidate sustainable peace in northern Uganda and elsewhere in Africa. I couldn’t be more proud to consider her a friend and fellow alum.”

After graduating from USD, she returned to Uganda and worked closely with local and international civil society organizations, the government, and development partners, including bilateral and multilateral agencies, on poverty reduction, good governance, peace and conflict resolution and transitional justice. Kamanyi is passionate about gender equality and has interacted with movers and drivers of change in numerous regional and international conferences at which issues of human rights and gender equality have been deliberated. She is currently working as an advisor and consultant in her country.

Other Alumni Honors recipients for career achievement include L. Doug Robert, senior program manager for ITT Corporation; Sandra M. Cassell Farrell, retired marriage and family therapist; Denise M. Boren, a member of the Navy Nurse Corps;  John M. Cappetta, president, Capital Partners, LLC; Leona Makokis, president, Blue Quills First Nations College and Patricia A. Makokis, director of Research and Curriculum Development, Blue Quills First Nations College; Richard M. Bartell, president Bartell Hotels; and Heather Raffo, award-winning playwright of “9 Parts of Desire,” about the lives of women in Iraq.  Zuzana Lesenarova, 1999 NCAA women’s singles tennis champion, will be inducted into the Chet and Margeurite Pagni Athletic Hall of Fame.

USD Alumni Honors, part of the university’s 60th anniversary celebration, is a gala evening of dinner, tributes, and entertainment, honoring outstanding graduates in the areas of career and athletic achievement, contributions to humanitarian causes and volunteer service to USD.