Posts tagged as: rights

Religious Leaders After Years of Eating Free Lunches Confront Dangerous Truth

opinionBy Karoli Ssemogerere

It is an understatement that the sober statement by the Inter-Religious Council of Uganda on the pending amendment of the Constitution has come too late. The religious leaders reading the same cut the figure of half-belief, hesitancy when they came out with a sound statement challenging both the removal of presidential term limits in 2005 and the pending removal of 75 years as the upper presidential age limit coming up before Parliament.

In 2015, Pope Francis I made an ill-advised visit to Uganda just before the general elections of 2016 whose motives unfortunately were directed at shoring up the political fortunes of a certain political group. It was an accident of grace that the Pope as was widely anticipated did not name new Cardinals at this time. Uganda’s only cardinal, Archbishop emeritus Emmanuel Wamala of Kampala is now 91, is in retirement.

A Cardinal is not only an administrative or executive leader; he is also a spiritual leader of the faith. Catholic bishops have had a hard time explaining to the faithful why they must line up for “executive” donations that blur the separation of church and State and created an impression that their very existence relies on government.

The Daily Monitor of Tuesday, September 19 captures this conflict well.

In a widely acclaimed statement, the Inter-Religious Council of Uganda, states that the two constitutional issues are so fundamental they should be or (should have in the case of term limits) have been subjected to a referendum. In the inter-regnum period since 2005 when the amendments to term limits were procured and now, they have been mostly ambivalent on this topic failing to appreciate that man-made laws like the Constitution rely on God-made law or natural laws for legitimacy. In fact, sections of the Constitution like Chapter “4” on fundamental human rights are restatements of natural law and tenets like “entrenched”, “non-derogable” or in current language “togikwatako” are value statements by society handed down over the years in major texts like the Magna Carta, the American Bill of Rights all right through the Universal Declaration of Human Rights. These are declarations of “humanness”, “empathy”, and love for God and man that are the bulwark of civilised society.

Some of the responses by the clerics in Tuesday’s paper are disappointing. There are some who have said it is the issue for the people rather than fundamental values of society to decide. This is similar to Pontius Pilate’s abdication of his duty as a Judge in the Bible to assent to the execution of Jesus. In recent and more embarrassing times, this has been blamed for the rise of fascism in Europe in the interwar period where the churches were accused of complicity in the rise of National Socialism, Fascism and Nazism in Europe.

Traditionally, religious leaders were the most highly educated in society, schooled in the classics like the history of civilisation, ancient languages like Greek and Latin, philosophy and dialectics and jurisprudence. In the high priesthood (ordinary Christians serve in the lay apostolate), there were even more specialisations like propagation of the faith, canon and ecclesiastical law and the foundations of spirituality. Each of the world’s major religions save for the younger offshoots of the older religions, has a similar set up.

Going by the responses of some of the high priests afraid of stirring the waters, their responses made minced meat of the IRC statement. There is a risk that in the coming days as the debate becomes even more heated, some leaders will disown or rubbish the statement.

It goes without saying that it is the Sabakristu of Parliament, an ex-seminarian Raphael Magyezi, who is spearheading the latest motion. This is not a very good day for the republic. It is worse for the religious leaders who find themselves in a Gordian knot.

Mr Ssemogerere is an Attorney-at-Law and an Advocate.

Regional Rights Groups Call for Donation to Facilitate Mr Lissu’s Treatment

By Louis Kolumbia

Dar es Salaam — Regional rights groups have on Monday, September 18, called upon well-wishers, donors, development partners and Civil Society Organizations (CSOs) to financially support Singida East Member of Parliament Mr Tundu Lissu’s medical costs.

Also, a statement jointly released by the East and Horn of Africa Human Rights Defenders (DefendDefenders), the National Coalition of Human Rights Defenders of Kenya (NCHRDK) and the Protection International signed by NCHRDK programme officer, advocacy Yvonne Wamari, seeks intervention of the government.

“The government should conduct swift, thorough and transparent investigation the shooting, other attacks and threats against lawyers and Human Rights Defenders (HRD’s),” reads part of a statement whose copy was availed to The Citizen.

They condemn attacks and intimidation on the legal fraternity and human rights defenders, calling upon the government to protect rule of law and promote enabling environment for HRD’s to safely execution of duties.

According to a statement, lawyers and HRD’s have been facing threats, harassments and physical attacks, listing a number of incidents recorded in recent days.

“February, this year, the Bar Association of Tanzania faced deregistration threats by the former Minister of Constitution and Legal Affairs, Dr Harisson Mwakyembe, announcing that a new board to regulate the legal profession would be formed,” reads a statement.

Other listed incidents are; invasion of Prime Attorneys offices by gunmen and storming of IMMMA Advocates offices where security officers were abducted and were found unconscious.

“Intimidation to HRD’s isn’t unique to Tanzania but are dominant in the East and Horn of Africa region. We are concerned that governments are increasingly intolerant to voices of opposition, and have attacked or threatened to attack HRD’s and CSOs advancing human rights,” reads another part of a statement.

Mr Lissu is admitted at Nairobi hospital for treatment. Chadema supporters have launched an online fundraising campaign targeting to raise $50,000 enough to take him to the US for specialized treatment. A total of $17,812, (Sh39.9 million) has been contributed in five days.

Tanzania

State Injects U.S.$38 Million into Rural Communication

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Workers ‘At the Mercy of Employers’

By Louis Kolumbia

Dar es Salaam — Tanzania must address various challenges in the labour industry if its people are to benefit from the country’s industrialization strategy, a new report by Legal and Human Rights Centre (LHRC) suggests.

The issues include employment contracts, knowledge of labour rights and obligations and compliance with compensation demands, according to the Human Rights and Business Report 2016.

Other challenges are freedom of association and active engagement of registered trade unions, gender issues at workplaces as well as issues of discrimination in the labour and employment industry.

The fifth LHRC report – which was conducted in 14 regions across Mainland Tanzania – found out that 37.82 per cent of surveyed workers didn’t have employment contracts while 62.18 per cent had contracts.

Presenting the report findings, LHRC researcher from the unit of human rights and business, Mr Pasience Mlowe said while 61.60 per cent have written contracts, 38.40 per cent have oral contracts.

The findings further show that only 40.11 per cent said they had an opportunity to negotiate terms of contracts with employers while 59.89 per cent said they were denied the opportunity.

While the Employment and Labour Act 2004 requires employees to be given copies of contracts they have signed, some employers opted to remain with copies.

According to him, workers have been working under different job descriptions contrary to the one stipulated in contracts they have signed.

“Study has found some companies preferring short term contracts, normally three to six months. Such contracts enable the companies to recruit new employees upon their expiry, thus they are exploitative,” he said.

The trend, according to Mr Mlowe, is purposely done to avoid having workers who might demand rights that skilled workers are entitled to.

Furthermore, he said, the report also revealed poor engagement of employees in salary determinations, with 50.72 per cent of respondents saying salary was determined by employer while only 18.62 per cent said employer negotiated with trade union as 10.03 per cent did personally engage in negotiations with their employers.

Generally, employees were reported to have little knowledge of labour laws, putting them in doubt whether they could advocate their rights in the process of fulfilling their obligations.

“Analysis shows that 79.94 per cent of respondents have said they did not have the basic knowledge of labour laws governing the country and obligations stated therein,” he said.

However, the Trade Union Congress of Tanzania (Tucta) and the Association of Tanzania Employers (Ate) have started awareness campaigns through radio programmes and provision of flyers to workers in some areas.

Companies are also reported to poor working condition thereby threatening the health of workers in production lines.

In the same vein, a number of companies violated Article 2 of the International Labour Organization (ILO) Convention and section 19 (1), (2) of the Employment and Labour Relations Act (ELRA), 2004 requiring employees to work not more than eight hours a day and 45 hours a week.

Similarly, a number of employees are still not contributing to social security funds and Workers Compensation Fund (WCF).

This is despite the fact that employers do deduct such monies from employees’ monthly salaries.

Employees, the study shows, are generally ignorant of the presence of the WCF.

Enacted in 2008, the WCF seeks to compensate employees suffering occupational injuries or who have contracted occupational diseases through handsome compensation that would enable their rehabilitation to full recovery.

Trade unions

While 64 per cent of the respondents believe trade unions were doing a good job, the report found out that the idea had not been well entrenched in the employment system.

“The current challenge with trade unions is that they lacked enough personnel at regional and district level rendering them to be very weak instrument in advocating workers’ rights,” the report reads.

South Africa: State Security Agency Should Not Run Cyber Security – Lobby Group

The State Security Agency should not have control over cyber security, the Right2Know (R2K) Campaign said in Parliament on Tuesday.

R2K was among several organisations that made submissions to the portfolio committee on justice and correctional services on the Cybercrime and Cybersecurity Bill.

“In its current form it will potentially censor freedom of speech,” said R2K’s Karabo Rajuili.

The group is also concerned that corporates and the state could infringe on internet freedom and asked for much stronger safeguards in the bill to keep the state at bay.

Rajuili also said a clause dealing with fake news should be removed from the bill as it could be open to abuse.

“It can give the state the power to control the truth,” she said.

Murray Hunter, also of R2K, said the bill gave too much power to the State Security Agency to manage cybersecurity.

He said the problem was that it was the nature of an intelligence agency to view things in terms of threats.

“The internet is so much more than threats,” he said.

Hiding behind ‘rights’

ANC MP Loyiso Mpumlwana complained about “liberalism”.

“This liberal view, I don’t know what you are… who you are protecting,” he said, adding that he was not happy with the freedom currently enjoyed by users of the internet.

He said there were “agents inside the country that want to destabilise it”.

The committee’s chairperson, Mathole Motshekga, said: “When the government comes in, people hide behind rights.”

He thanked R2K for its presentation and said it highlighted the need for a broader discussion.

Lizzie Harrison of the Digital Law Company said the organisation was happy that the bill would address revenge porn.

The Centre for Human Rights and the Freedom of Religion South Africa both expressed concerns about the bill’s effect on freedom of speech.

“There are forces in the world trying to create a permissive society for the destruction of the world,” said Motshekga after the Centre for Human Rights’ presentation.

ANC MP Bongani Bongo said the Centre for Human Rights’ presenters shouldn’t receive the same protection (regarding questions asked and interruptions from MPs) as other presenters because the centre had “funded a case against the NPA”. He was referring to DA MP Glynnis Breytenbach’s case against the National Prosecuting Authority.

Breytenbach responded: “Honourable Bongo, if I thought you were capable of thought, I would be concerned.”

The public hearings will continue on Thursday.

Source: News24

South Africa

Cape Town Mayor’s Household Above Target in Daily Water Usage

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South Africa: Health Minister Diagnoses Weakness in Wake of Cancer Treatment Crisis

analysis

Minister of Health Aaron Motsoaledi diagnosed what he identified as the underlying causes of the crisis in treatment of KZN cancer patients, namely weaknesses in the provincial human resources processes and anomalies peculiar to KZN in its procurement supply chain systems. But while he is awaiting a report from the MEC for Treasury on the failed maintenance of the oncology machines at Addington hospital, and for a list of the number of posts that need to be filled, the SA Human Rights Commission identified these issues in its investigation concluded two months ago. By MOIRA LEVY.

First published by Notes from the House

The Minister of Health Aaron Motsoaledi responded this week to the SA Human Rights Committee’s damning investigation into the treatment of cancer patients in KwaZulu-Natal.

Motsoaledi immediately diagnosed what he identified as the underlying causes, namely weaknesses in the provincial human resources processes and anomalies peculiar to KZN in its procurement supply chain systems.

At the same time he made it clear that the department had been made aware of the problem at least a month before the intervention in June by the SAHRC brought the situation to the attention of the public.

Which raises the question:…

South Africa

Children of Immigrants Born in South Africa Now Get Citizenship

High Court finds Department of Home Affairs refusal of citizenship to six people unconstitutional Read more »

Police Free Suspects to Decongest Cells

By Felix Warom Okello

Arua — A total of 20 suspects have been granted police bond to decongest Arua Central Police Station.

The police station has three small rooms, two for males and one for female suspects, which were built in early 1950s and are now nearly collapsing.

Mr Jude Nasucha, the station’s CIID officer, confirmed the development.

The congestion was due to the ongoing judicial officers’ strike that saw suspects piled in cells without trial.

“Last week, we received more suspects before letting go of those we already had in our custody. As you know, there is a strike by the judicial officers and this has led to congestion in our cells,” Mr Nasucha said.

Those released were suspects on minor offences such as theft, assault, threatening violence, and trespass among others, remaining with on murder, robbery, rape and other capital offences.

Recently, the Uganda Human Rights Commission regional officer, Ms Juliet Logose, said the police should desist from holding suspects for long, especially those on petty offences.

She said there was need to speed up investigations into some of the cases to decongest the cells.

According to the law, a person is innocent until proven guilty by competent courts of law and such a suspect is entitled to unconditional bail after 48 hours in cells.

On average, Arua Central Police Station receives about 15 suspects a day and many of them spend more than 48 hours in police cells on grounds of incomplete investigations and lack of follow-up of the reported cases.

Uganda

Two Men Held in Mombasa for Faking Sorcery Incident

Police in Kenya are holding two Ugandans believed to be part of a gang of five that staged-managed a sorcery incident in… Read more »

Govt Denies Committing Crimes Against Humanity

Photo: © 2016 Privé

Illustration of torture in Burundi

By Martina Schwikowski

The UN is accusing Burundi’s government of severe human rights violations. Burundi says it is the target of an international conspiracy. Is this case headed for the International Criminal Court in The Hague?

Two plainclothes men threatened to break down her door, a young woman from Burundi told Deutsche Welle. The woman, who asked to remain anonymous, remembers being so afraid she told her young daughters and nieces to hide under their beds.

The intruders found radio programs critical of the government on the woman’s mobile phone, stories she had discovered on the internet. That’s what got them started, she says: “They pushed me to the ground, slammed me into the wall, and insulted me.”

They grabbed her arms, pushed her to the ground again, and one man pulled out a knife and slashed the trousers she was wearing. Both men violently raped her, she says. “I fainted.”

Torture and murder

The young woman, who has since fled her native country and lives abroad, is one of 500 witnesses a UN commission of inquiry interviewed about Burundi.

In a final report issued on Monday, the UN accuses Burundi’s government of severe human rights violations. Many victims, the report says, were tortured and raped, while demonstrators, members of the opposition, journalists and human rights activists were arbitrarily arrested by police over the past two years.

More on This

UN Report Indicts Burundi


Commission of Inquiry Urges ICC to Investigate Crimes Against HumanityUN Report About Human Rights Violation Raises Controversy Among MPs

Tensions Cast Doubts on Burundi Peace Talks

Do Peace Talks Stand a Chance?Resumption of Blocked Dialogue

Burundi Govt Terrorizing Suspected Opponents – Report

About 400 Killed Since 2016, Independent National Commission On Human Rights ReportsNeglected but Still Not Yet Over – Crisis Continues to Bite

The crimes that violate international law were committed by members of the National Intelligence Services, Burundi’s national police and the army, according to Fatsah Ouguergouz, president of the commission. The ruling party’s youth league is also said to have participated in the violence.The authors of the UN report say President Pierre Nkurunziza and his supporters should be held accountable for their security forces’ misdeeds. But the Burundi government rejects the accusations, saying they are part of an international conspiracy against the country.Burundi UN Ambassador Albert Shingiro on Twitter slammed the commission as partisan, its report politically motivated.‘No justice in Burundi’In September 2016, the UN Human Rights Council (UNHCR) launched the commission a year after the crisis broke out in Burundi.Despite being barred from doing so by the constitution, President Nkurunziza had campaigned for a third term in office. He had all protests put down, with an estimated death toll of between 500 and 2,000 demonstrators. But the UN Commission also accuses armed opposition groups of bearing part of the responsibility for the violence in the country.The three UN investigators were not able to conduct research on site as the government denied them entry into the country. They were limited to neighboring countries, where they interviewed more than 500 Burundians who had fled the country. Almost 400,000 people have left Burundi since the crisis broke out two years ago, and the UN estimates their number will have reached half a million by the end of this year.The woman who was accosted in her home would like to see the International Criminal Court (ICC) in The Hague take up the case of human rights violations in Burundi: “There is no justice in Burundi because justice is being exploited,” she said. The UN Commission has also urged the Netherlands-based court to investigate the incidents.Time is short, as Burundi last October announced it was withdrawing from the ICC – a move that takes effect next month. Unless the ICC has launched investigations by then, the international body can only become active on behalf of the UN Security Council.Send a messsageThe Criminal Court must identify the guilty parties within both the government and the opposition, Gesine Ames of the Ecumenical Network Central Africa (OENZ) told DW ,”because that sends a signal.” Burundi constantly ignores international agreements and resolutions, and reacts aggressively to accusations, she added.Meanwhile, the government in Bujumbura plans to launch its own investigation.”Burundi has made a great effort to fight impunity,” says Martin Nivyabandi, the country’s minister responsible for human rights, adding that whoever has committed a crime will be punished according to the law. He says it is not the International Criminal Court’s duty to investigate possible offenses in Burundi, but to help Burundi’s own judiciary.

Uganda: Dfcu in Drive to Raise Shs200b for Shareholder Loan

By Jonathan Adengo

Kampala — Dfcu Limited, the single shareholder of dfcu Bank, has launched the rights issue where it expects to raise Shs200 billion by selling new shares to settle a shareholder loan.

The rights issue, which opened on Monday September 4, will run for three weeks closing on September 25 with a total of 263,157,895 new shares issued at Shs760 per share on the Uganda Securities Exchange (USE).

The deal offers existing shareholders 0.53 new shares for every one share held by close of business on August 24, 2017.

Speaking to the media during the launch of the rights issue at the USE offices in Nakawa, Mr Paul van Apeldoorn, the dfcu Limited chief transformation officer, said dfcu is going through a growth phase and there is need to bolster its capital base.

“The Rights Issue is therefore in with our objective of raising more capital to support our growth agenda. A total of 263 million shares are on offer to our current customers to take up and we expect to raise Shs200 billion,” he said.

He explained that the Shs200 billion was to settle the shareholder loan facility from Arise BV that dfcu acquired to recapitalise the bank after it acquired the assets and liabilities of Crane Bank which was placed under receivership.

“We decided to raise Shs200 billion to cater for the foreign exchange imbalances that might arise in the settlement of $50m loan from Aise BV,” he said.

Mr Kenneth Kitariko, the chief executive officer of African Alliance, the transaction broker said Dfcu will consider the rights offer successful if a minimum of 70 per cent of the new stock is taken up and fully paid for, according to the offering memorandum. The offer will close on September 25.

This implies that a minimum of 184,210,527 new shares need to be taken up and fully paid for in the Rights Issue for it to be considered successful.

However, in the event that this minimum amount is not attained, approval may be sought from the Capital Markets Authority and USE to proceed with the listing of the accepted fully paid new shares under the Rights Issue.

Dfcu may consider raising capital from other sources in the event that the full subscription is not achieved.

If Arise B.V. also exercises its rights, a portion of its loan equivalent to Arise’s holding in dfcu Limited will be converted into equity.

In February, Deepak Malik, the fund company’s chief executive and a dfcu director, told Bloomberg that dfcu may finalise a rights issue in about six months, and Arise would take a stake – converting their loan into equity.

The new shares have equal rights with existing shares, including the right to receive dividends.

Each new share will be entitled to one vote at shareholder meetings and all new shares will be listed at the USE, the offering memorandum said.

USE chief executive officer Paul Bwiso said dfcu shareholders who do not exercise the rights to buy the new shares face the risk of dilution.

Dilution implies the reduction in their ownership percentage and earnings per share as a result of floating or more shares.

South Africa: Parliamentary Committee Finds Poor Management At KZN Hospital

A parliamentary committee says the high vacancy rate at the troubled Addington Hospital in KwaZulu-Natal has negatively impacted healthcare in the province.

The select committee on social services on Wednesday said the high vacancy rate of medical professionals had a direct link and impact on the quality of healthcare services rendered to the public.

The vacancy rate of medical specialists at the hospital currently stands at 29% and the vacancy rate for medical officers is at 28%. The hospital has a further 38% vacancy rate for its heads of clinical units and a 14% professional nurse vacancy rate.

Chairperson of the committee Cathy Dlamini said the statistics were alarming in the context of the workload that the current staff complement have to carry.

“The committee reiterates its view that filling of vacancies within the health portfolio must be prioritised. It cannot be that the freezing of posts occurs even at hospital level because the issues dealt with at these institutions are matters of life and death.”

Decentralise appointment of personnel

Dlamini said the knock-on effect of the high vacancy rate at Addington Hospital has been that only 545 beds are utilised on the 571-bed hospital.

She said that the workload on the limited staff is abnormally high which impacts on the service rendered.

“While the committee is in no way suggesting that poor quality of services at hospitals is acceptable, the underlying causes must be resolved.”

The committee said there was a need to decentralise and delegate the appointment of medical personnel to hospital level. This would speed up the process of filling vacancies, it said.

The committee also emphasised the need for Premier Willis Mchunu and provincial treasury not to freeze posts that become vacant either due to retirement, death or resignation.

Furthermore, it said it was concerned that hospitals continue to face challenges in relations to lengthy supply chain processes which have a negative effect on services.

The committee welcomed the assurance by MEC Sibongiseni Dhlomo a forensic investigation on the company that supplied oncology machines was underway.

The committee said it would monitor the progress of the investigation.

Dlamini said the issue of ageing and inadequate infrastructure was also concerning.

“While it is a known fact that majority of hospitals are utilising ageing infrastructure, detailed maintenance plans are necessary to increase the lifespan of the infrastructure,” she said.

SA Human Rights Commission feedback

Dlamini said the presentation to the committee did not cover the South African Human Rights Commission report on the Oncology section of the Addington Hospital.

“While the MEC provided a written report and gave assurances that he will be available to answer questions by the committee, there was a general feeling that the department missed an opportunity to bring the committee into confidence on where the department was at in resolving challenges raised by the SAHRC.”

The 68-page SAHRC report found: “The delays in the provision of’ and in some cases the denial of’ oncology services to cancer patients’ some of whom are destitute and in need of health care’ affects them in a most fundamental way.”

Dhlomo said that poor human resources and supply chain management largely contributed to the crisis. The province was left with no oncologists and gaps in upper management this year.

The Democratic Alliance, however, has called on Dhlomo to step down as MEC for health saying the numerous downfalls in provincial healthcare should be his responsibility.

Dlamini said the committee would engage further on the oncology crisis in the province and has scheduled a site visit to Addington Hospital on Thursday to get first-hand information.

Source: News24

Uganda: Dfcu Shareholders Keen to Increase Stock in the Bank

By Alon Mwesigwa

African Alliance Uganda, a brokerage firm, has said it is yet to receive any shareholder seeking to renounce their shares in Dfcu bank as the rights issue enters the third day.

Kenneth Kitariko, the CEO of African Alliance, told The Observer yesterday: “There hasn’t been any renunciation. So far it is positive.” Shareholders are coming to pick their forms.” The rights issue ends on September 25.

Renunciation means rejecting and selling one’s or shareholder’s right for more shares. Kitariko said, however, that it was too early because he did not have all the information from other brokers.

During the rights issue, shareholders are expected to buy more shares so as not to have the value of their stock diluted.

They also have an option to decline the offer or sell the rights to another investor. A shareholder may refuse to subscribe to the rights issue and just let the ‘right’ lapse. That means they get nothing. And their shares are diluted.

Alternatively, they can renounce the shares in favour of another person. Dfcu seeks to raise Shs 200bn from the rights issue but some investors are not comfortable with the offer price saying it was too expensive.

Dfcu set Shs 760 per share in its rights, the exact price, it is trading normally at the Uganda Securities Exchange. On Monday, Dfcu counter traded at Shs 758/759 per share, which Kitariko said was fairly stable.

He said the fact that not many investors are willing to renounce their right speaks to the attractiveness of the Dfcu stock.

Andrew Muhimbise, a shareholder in Dfcu, told The Observer he had decided to renounce his shares.

He said: “They [Dfcu management] have concealed Crane bank information. I wanted to know information on memorandum of how books were as at March 2017. Denying us the months from then to June 2017 tells of something hidden.”

Kitariko said institutional investors, who own up to 90 per cent of Dfcu shares, are yet to come out. He said this was because most of them needed to go through approvals from their investment committees.

Dfcu declared Shs 114bn after-tax profit for first half of 2017. It was mainly attributed to the takeover of the defunct Crane bank.

Uganda

Telecom Company Upgrades East Africa Internet Speeds

Pan-African telecoms group, Liquid, a subsidiary of Econet Global has completed 100G upgrades to key routes on the East… Read more »

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