REPEAL POMA
The images on social
and mainstream media of Police brutally arresting Dr Kiiza Besigye, Lord Mayor,
Erias Lukwago and jobless youths are more than what we should tolerate. In
fact, draconian laws such as the Public Order Management Act, 2013 are
stripping us of individual rights in pretext of protecting public interest. In
fact, relinquishing individual rights erode our democratic credentials
negatively and only reaffirms that Uganda is under a near totalitarian regime.
Various international human
rights instruments – Charters and Declarations have recognized individual
autonomy as foundational to basic inalienable rights such as to assemble,
associate, worship. They allow global citizens the liberty to develop
intellectual as well as ideological realms upon which to advance human
civilization. These rights are inherent and not granted by the state; human
liberties, are indeed, the very essence of humanity.
To curtail human
liberties by law and brute force, constitute the act of enslavement but reaffirms
that we are in a Police State. In the Social Contract, J. J. Rousseau bemoans the
fact that man is born free but in chains. In Uganda, we are not even born free,
we are born with chains; ripples of colonialism, imperialism, poverty, natural
calamity, repression, servitude…. Laws like POMA, 2013 goes a step further by
placing additional layers of chains on our people.
I am wondering why the
many lawyers who have accomplished the gay rights defense have not considered
challenging the POMA with all its illegalities. To the layman’s guts, POMA
violates the 1995 Constitutional provisions in Chapter 20 because Police has
become the custodian of our liberties. In essence, Uganda is a Police state
where Police now dispenses and supervises citizen’s activities.
Political scientists
have been contrite on the issue of repression and have argued that one of the
signs of existence of repression in society is the diminishing space for
exertion of individual rights. Cardinal Emannuel Wamala is right to call for
the repeal of POMA because the Police has demonstrated the propensity of
abusing it.
Any laws that place
the God given rights of man to be held in custody of men, and for such
liberties to be dispensed selectively and maliciously as it is under the State
Police, inherently violates codes of international human rights. Uganda is
signatory to many of these human right charters and declarations, but world
over, I am certain that it is only in Uganda where the Inspectorate of the
Police administers the individual exercise of rights.
Ugandans already live
in total fear of authority – another accomplishment of totalitarian regimes.
Each time you urge Ugandans to speak up; they will tell you that those on the
ground fear to speak up against the regime. The ordinary Ugandan has grown to
fear to seek accountability from local authorities over broken basic social
services such as boreholes, potholes, black-outs and poor quality services from
health centres. This confirms that people have become detached and fearful of their
government. This pervasive state of apathy towards authority emasculates the
population and compromises the exercise of their powers as enshrined in chapter
1, Art. 1 of the Constitution. Power no longer belongs to the people.
How can power belong
to the people when they have become afraid of that power, and are unable to use
that power?
It is important for
Ugandans to reclaim their power by first realizing that the protection of
individual rights is the basis of exercise of power as enshrined in the
Constitution. Further, although the protection of majority interests supersedes
individual interest, the respect for human rights is not negotiable.
Further, it is
important to pay individual police officers who violate human rights with an
appropriate due in the court of law. Police has over stepped its boundaries and
have become a public nuisance in the course of applying excessive force on perceived
political opponents of the regime.
END
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