Constitutional Cort nullifies the public order management Act.
The impact of Citizens´efforts
“Seven years of waiting haven’t been simple. It is justice that has been delayed. In which period, many human rights violations and abuses have been metered on the citizens which cannot be reversed. Many have lost their lives, and limbs and properties and businesses have destroyed because of the high handedness by the authorities in insisting on the implementation of a draconian legislation that has now been declared unconstitutional”.
In 2013, the government of Uganda enacted a controversial Pubic Order Management law (POMA). Notwithstanding that the law received criticism from inception as a Bill, as to infringed the 1995 Constitution of Republic of Uganda, it has for the last seven (7) years been implemented in its archaic draconian form. Citizens on their part took various initiatives protesting the said law as it was considered an affront to human rights of all citizens as enshrined under chapter four of the 1995 Constitution.
Today, DENIVA celebrates that after all the efforts made (a constitutional petition made by several partners and civic action oriented to protesting against the POMA law, which was considered an affront to human rights of all citizens as enshrined under chapter four of the 1995 Constitution) culminated in the annulment, by the Constitutional Court, of the Pubic Order Management act (POMA).
We are very happy to share the complete press release from DENIVA.
Check it below.
In 2013, the government of Uganda enacted a controversial Pubic Order Management law (POMA). Notwithstanding that the law received criticism from inception as a Bill, as to infringed the 1995 Constitution of Republic of Uganda, it has for the last seven (7) years been implemented in its archaic draconian form.
Citizens on their part took various initiatives protesting the said law as it was considered an affront to human rights of all citizens as enshrined under chapter four of the 1995 Constitution.
Today, we celebrate the said efforts that culminated into a constitutional petition brought by: Human Rights Network Uganda (HURINET-U); The Development Network of Indigenous Voluntary Associations (DENIVA); The Uganda Association of Women Lawyers (FIDA-U); Hon. Muwanga Kivumbi and Bishop Zac Niringiye Verses the Attorney General (Constitutional Petition No. 56 of 2013) for orders that certain provisions such as Section 8 of POMA, among others be struck out of the Act for being inconsistent and in contravention of the Constitution of the Republic of Uganda.
The petitioners argued that POMA, undermined the rule of law and constitutionalism, as the Act subjected the exercise of fundamental human rights and freedoms to the discretion of the inspector General of Police by prohibit or refusing one from holding of a public meeting, and re-introducing retrospective legislations among others. We have seen over the last seven years the abuse of this provision by the police and we need not recall the cost it has had on the human rights situation in the country.
We are indebted to all the petitioners, human rights individual activists, HRDS, and well-wishers as well as the general public that have stood together and continuously condemned the use of this draconian legislation by the Uganda Police Force until it has been nullified by the Constitutional Court.
Seven years of waiting haven’t been simple. It is justice that has been delayed. In which period, many human rights violations and abuses have been metered on the
citizens which cannot be reversed. Many have lost their lives, and limbs and properties and businesses have destroyed because of the high handedness by the authorities in insisting on the implementation of a draconian legislation that has now been declared unconstitutional.
We applaud the Constitutional Court for providing guidance on the matter, especially declaring the said provisions unconstitutional and also all acts that were done under the said impugned law as null and void.
We thus call upon the government of Uganda, as it strives to achieve its democratic aspirations of liberty, rule of law and constitutionalism, to build an independent monitoring framework that should aim at informing the transformation process of law enforcement vis-à-vis the enjoyment of fundamental rights and freedoms.
Thank you to the lawyers, Onyango & Co. Advocates, for the representation, our partners for the support and to fellow petitioners for standing by the citizens, rule of law and constitutionalism throughout the process.
For Contacts and Inquires write to: DENIVA at info@deniva.or.ug
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