Another journalists’ body in Uganda has come up to condemn the continued; siege at Red Pepper publication premises and unwarranted arrest of some of its senior staffs.

The Uganda Press Freedom Network; a loose grouping of journalists from across all media houses who strive to enhance freedom of the press, has also thrown their weight behind other Human Rights entities including foreign embassies to condemn government for what has since been described as suffocating free press in Uganda.

In their Friday press statement, the forum of like-minded journalists faulted government for arbitrarily violating the set laws to concoct several ungrounded charges against media practitioners, who would ordinarily hold the duty bearers accountable of the actions. The press release reads in full;

AT RED PEPPER

RE: JOURNALISTS’ OPEN LETTER ON RED PEPPER ATTACK

Something unprecedented in the history of media repression in Uganda is happening to Pepper Publications Ltd, the publishers of Red Pepper and affiliated media platforms.

Five top executives who don’t make editorial decisions on a day-to-day basis are currently in jail, together with three editors. The executives are; Chief Executive Officer Richard Tusiime, Chief Marketing Officer Arinaitwe Rugyendo, Chief Operations Officer Patrick Mugumya, Chief Finance officer Johnson Musinguzi and Chief Commercial Officer James Mujuni.

Managing Editor Ben Byarabaha, News Editor Francis Tumusiime and Deputy, News Editor Richard Kintu are also incarcerated. Over the years, Ugandan journalists have faced criminal charges for doing their work, a reprehensible act to which we will return later. What is without precedent, however, is bringing criminal charges against non-editors.

Why, for instance, would an accountant be held criminally liable for editorial decisions, which are made in another department? This threatens editorial independence within newsrooms as other executives –managing directors, finance managers or advertising managers – could now seek a direct role in making editorial decisions. They could argue that now that they are at risk of facing criminal charges due to the stories we get published, they would rather participate in making the editorial decisions to mitigate the risk.

This would inevitably lead to more self-censorship and detrimentally affect the quality of our journalism.

We consider journalism a public good, and the public interest is best served when the media is free to speak truth to power and probe the dealings of especially public officials. Public officials who have something to hide and do not want to account to the public will inevitably fear the media and seek to gag it. We are afraid that the State has been slowly but steadily eating into the space for the media to operate freely.

If we keep with the Red Pepper case, the State accuses the media house of publishing information prejudicial to national security, and in so doing “disturbing the peace” of some top officials including the President. The story in issue was published on November 20, 2017, entitled “M7 plotting to overthrow Kagame –Rwanda”.

The police speedily acquired what it said is a search warrant from a court of law and proceeded to seal off the premises of Pepper Publications Ltd. Red Pepper, its sister publications and radio stations have been out of operation since November 21 as a result of the raid.

Red Pepper employees who witnessed the police “search” on the premises say the operatives went about their business with what appeared like malice aforethought, tearing through servers and tampering with the printer in such a way that it would be hard for Red Pepper to be produced again anytime soon. Computers and other gadgets were taken away during the “search”. Without prejudice to the cases that have since been brought against Red Pepper managers and editors, we take exception to the manner in which this matter has been handled.

Ordinarily the state should have required the editor, and not every manager at the company, to answer whatever questions they had to raise. And whatever questions the State needed to put to the editor over the matter, there was no need for anyone to be arrested and illegally held in a high security detention centre even beyond the legally permissible 48 hours before being produced in court.

We heavily worry about the range of criminal cases that journalists, artistes and other citizens have faced in the recent past. One such charge is “disturbing the peace” of an individual. Editors from New

Vision, Daily Monitor, Red Pepper and the online platform Investigator have faced this charge in recent months. On Tuesday this week, an artiste and his producer were charged with “disturbing the peace” of President Museveni and remanded to Luzira prison.

Take the charge of “disturbing the peace” of police chief Kale Kayihura, for instance, which has been brought against several editors. If Mr Kayihura is annoyed over a story, he may direct his subordinates to summon the concerned editor for interrogation over “disturbing” his peace. We find this most absurd. To add to this are new criminal charges under the Computer Misuse Act, for instance, which also threaten our journalism and the wider freedom of expression of all citizens. In this regard, the charge of “offensive communication” has come up against a number of people already.

We fear that the gains that came with the striking down by the courts of law of charge of false news and sedition have since been wiped out. Also, criminal defamation remains on our Penal Code despite a ruling by the African Court of Justice that the offense violates freedom of expression as guaranteed in the African Charter on Human and Peoples Rights.

With this background, we argue that the attack on Red Pepper is a direct affront on press freedom. It is an extension of the State’s efforts to suffocate media. Security operatives have in the recent past roughed up journalists in the course of doing their work, and the Uganda Communications Communication has continued to issue bans against programmes and individuals on radio and television stations, etc.

We note with sadness that our colleagues at Red Pepper did not get salary for the month of November because the company was shut down. They remain unsure whether they will operate again. This is particularly absurd given the tough economic situation currently obtaining in the country, which has led to runaway unemployment. We insist that the search warrant the police say they acquired did not permit them to shut down Red Pepper.

We are sure the highhanded handling of the Red Pepper issue is meant not just for

Red Pepper, but as a warning to other media houses of what may befall them if they publish what those who hold power do not want to be published. This is reprehensible censorship.

We, of course, do not argue that media practitioners cannot break the law. Whoever feels aggrieved by a publication has a number of more civilised ways of handling the issue – by seeking civil remedies on their own.

Journalism must be de-criminalised, but even in instances where a criminal charge may be tenable as it is under our current legal regime – which we feel must change– the due process of the law must be followed.

In light of this, we take particular exception to the court’s failure to resolve the bail

application by the eight Red Pepper managers, who on Tuesday were sent back to Luzira prison for a further 14 days until December 18.

So we urge the police, the Uganda Communications Communication, the Directorate of Public Prosecutions which sanctions charges and in this case the courts of law to which these matters are eventually referred, to act judiciously. We also call on resident Museveni to jealously guard the little steps that Uganda has made on the democratization journey over the years.

Carol Beyanga
alyekc@gmail.com;

Eriasa Mukiibi Sserunjogi
eriasa.mukiibi79@gmail.com

Dicta Asiimwe
dictasiimwe@gmail.com

Gaaki Kigambo

MASAKA: Local Government leaders in the greater Masaka sub region have asked government to crack a whip on its agency of the Uganda National Roads Authority-UNRA, accusing the body of poor performance.

The leaders who include L.CV chairpersons of the nine districts of greater Masaka, Resident District Commissioners, NRM party chairpersons and Chief Administrative Offers accuse UNRA of deliberate failure to fulfill its mandate in their region hence undermining government’s performance.

These presented their concern to officials from the Manifesto Implementation Unit-MIU in the Office of the President; who are currently assessing the implementation progress of NRM manifesto commitments in the area.

The leaders are greatly concerned of the many un-worked upon Central government roads that directly fall under UNRA’s docket. The highlighted roads include among others; Nyendo-Bukakata connecting Masaka district to Kalangala Island, Broadway and Nyendo Cathedral road; which runs through Masaka town, Kyotera-Kansesero road, Rakai-Lyantonde, Kalungu-Gomba and Lyantonde-Ntuusi, that are currently in very bad shapes.

Peter Ssenkungu, the Masaka district NRM chairperson indicates that such bad roads in the area are undermining the performance of both the local and central government s which the population look up to for services.

“Although local governments are trying with their newly acquired roads units to put the community roadways within their mandate up to standard, UNRA is instead undermining all these efforts. This appears to same kind of sabotage by this authority,” he noted

He explains that many of these roads have been in the several National budgets been allocated funds to be worked upon in vain, “The worst part of the story, is that UNRA has consistently failed to even maintain these roads, despite our repeated requests to the station manager of Masaka,” he added.

Robert Benon Mugabi, the Rakai district chairperson who spoke with all of irritation told the MIU officials that the electorates are currently so angry with the leadership over the impassible roads under central government.

“What bothers us most is that we formally notified the responsible officers who in response assure us as they are fixing the roads soon, but all these promises are never fulfilled,’ he argued.

The leaders unanimously tasked Fred Kamugira; the Deputy Director of the MIU to join them press the responsible government ministries and department reign over UNRA’s poor performance in the area, threatening that they may be forced to join the electorates in demonstration over bad roads.

Lieutenant Joy Walusimbi, the Masaka Resident District Commissioner, revealed that his office is currently overwhelmed by complaints about the poor state of Nyendo-Masaka road that has been neglected by UNRA.

“Much of my time is now spent calming people’s tapers, who every time want to demonstrate over the visibly poor state of this road that runs through Masaka town. UNRA official are found to lying to us every time we inquire from them,’ he argued.

Amid all the bitter arguments of all leaders, Kamugira was prompted to interject into their submissions and pleaded that his office was going to look into the concerns.

According to him, although the country could be financially constrained to do all projects at the same time, this should not be justification for impunity and poor performance by UNRA.

But Charles Okech, the UNRA station manager for Masaka Zonal office urges some of the roads in the area had not been given priority this financial year, urging leaders to remain patient as they (UNRA) reviews their priority list.

The Red Pepper publications premises are still under siege for the third day and five Directors and three Editors are detained at the much feared Nalufenya detention centre as they continue to undergo rigorous interrogations.  The security forces have also searched their respective homes.

On the evening of Tuesday 21st November 2017, the Red Pepper offices were besieged by the Counter Terrorism Unit of Uganda Police after acting on search warrant obtained by D/AIP Walya Henry Peter from Buganda Road Magistrates Court which reads in part ‘…to be searched include, laptops, desktops, CPUs, Computer accessories (electronic) and any other document related to Red Paper news publication Vol.17 no.152 of Monday 20 Nov. 2017,”.

The premises have since been declared a crime scene and guarded by the Counter Terrorism Unit of police.  All production work at the premises has since come to a standstill and access is restricted to only lawyers.

Those in detention include Directors Tumusiime Richard, Arinaitwe Rugyendo, James Mujuni, Johnson Musinguzi and Editors Richard Kintu, Byarabaha Ben and Tumusiime Francis. The eight were yesterday detained at the notorious Nalufenya police station where they spent a night and were brought back to Namanve at 11:00 am for further searching and interrogation. The arrest is linked to a story published by the Red pepper alleging that President Museveni is platting to over the president of Rwanda, Paul Kagame.

The Red Pepper legal officer Dickens Byamukama told Human Rights Network for Journalists-Uganda that the offices were raided on Tuesday 21st November 2017 at about 4:00pm. All staff were arrested, their gadgets removed, “phones, computers, ipads, laptops were confiscated. The workers were released at 8 pm. The editors and directors were detained at Nalufenya police station at mid night after their homes were searched, “said Dickens.

He further told HRNJ-Uganda that the suspects were brought back to Red pepper offices at 11:00a.m on Wednesday from where they were interrogated and their offices searched. He was however not sure of the likely charges since none has been preferred against them.

However police in its statement indicates that “investigations are being carried under Sec. 37 of the Penal Code Act, which provides for the offence of publication of information prejudicial to security.”

HRNJ-Uganda has learnt that earlier on Tuesday 21st Nov, before the siege, the company Directors were summoned by the Minister of Internal Affairs, Jeje Odongo to report to the ministry over a story they published on Monday 20th November 2017 titled M7 plotting to overthrow Kagame.

Later in the day the paper premises were besieged. In 2013, the Red Pepper and Daily Monitor offices were raided after they published a story about a letter authored by the former coordinator of intelligence services, General David Ssejjusa.  In his letter, Sejjusa was asking ISO to investigate allegations that some government and military officers are targeted for elimination for opposing an alleged Muhoozi presidency project.

‘We highly condemn the continued detention of the Red Pepper Editors and Directors at Nalufenya, a place known for hardcore criminal suspects without any justifiable reason. We believe that this is economic sabotage aimed at occasioning the media house financial loss since all its production have been stopped. The attack and closure of media houses in such a manner is uncalled for since the implicated personnel could be summoned to the police for interrogations and taken to court. Such acts violate the constitutionally guaranteed right of freedom of expression and the media in Uganda which we must resist against,” says the HRNJ-Uganda National Coordinator, Robert Ssempala.

The Lands Probe commission has revisited Lwera wetland in Kalungu district to inquire into circumstances under which at least 1,000 people are risk eviction.

A group of residents at Kamuwunga Landing site, located in Lukaya town council petitioned the commission complaining of a businessman John Ssebalamu, who is evicting them to pave way for sand mining in the area.

Doctor Rose Nakayi, a commissioner on the Justice Catherine Bamugemereire-led Judicial Land commission of inquiry, lead a team of investigators that rushed back to Lwera to examine the sharp dispute.

The commission had last month conducted public hearing in Masaka region, but Dr Nakayi says, several complaints continued coming in from the area, prompting their return prevent clashes.

Residents led by Peter Kavuma petitioned the commission, accusing businessman Ssebalamu of displacing them from the land claiming ownership of it.

Kavuma argues that some local leaders are conniving with the businessman to compromise a section of residents in plot to annex the whole landing site into his sand mining field.

Ssebalamu is one of the prominent businessmen that own very big chunks of land in Lwera where they are carrying commercial sand mining, some of which is export for glass manufacturing.

However residents claim that part of this land was acquired under dubious circumstances, demanding that the commission inquires into how these land titles were acquired.

“The people have already erected a fence around our property including gardens and homes, public facilities such as; a play ground, public toilet among others, and they want to force us out of our land,” he noted.

He also complained that Ssebalamu’s workers have not excavated may ditches in the area, exposing the residents to drowning.

Hajj Hamid Ssennoga, a manager of Ssebalamu’s projects standing before the public hearing meeting

However, Hajj Hamid Ssennoga, a manger of Ssebalamu’s projects told the commission that they legally acquired the land and accordingly obtained as land title.

He claimed that they compensated all lawful occupants of the land who accepted to vacant the land, arguing that those complaining are just being dishonest with some being used by self-seekers.

The sharp dispute prompted the Dr Nakayi to demand for all documentation pertaining ownership of this land to help in their investigations. She revealed that their inquiries are also going to look into circumstances under which this land was allocated to private individual.

She appealed for calm from both parties pending their investigations.

A survey conducted by the Ministry of Ethics and Integrity indicates that Kampala, Jinja and Mbarara have the highest number of pornography consumers in the country.

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According to the survey, the consumers are people between ages of 18 and 50, and most of them are in relationships.

The Anti-Porno Act 2014 defines pornography as representation through publication, exhibition, cinematography, indecent show, information technology or by whatever means, of a person engaged in real or stimulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual excitement.

The same Act states that a person convicted of pornography-related crimes will be fined 500 currency points or imprisonment not exceeding ten years or both. One currency point, according to the controversial Act, is equivalent to Shs 20,000.

It should be remembered that the ministry previously secured a porn detection machine, and its probable this gadget is behind these results.