HIGH COMMISSION OF THE REPUBLIC OF UGANDA
AND PERMANENT MISSION TO UN-HABITAT AND UNEP
RIVERSIDE PADDOCKS, OFF RIVERSIDE DRIVE
PO BOX 60853 – 00200, NAIROBI, KENYA
We, the undersigned, Kenyan and East African civil society organizations and individuals who work on protecting human rights and social justice in Kenya and the region.
DRAW the attention of the High Commission of the Republic of Uganda in Nairobi to the following:
- THAT the Ugandan government has obligations under international human rights law, including obligations relating to the right to liberty of person, the right to fair trial and the freedom from torture and other ill treatment, all of which are in the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.
- THAT we condemn the militarization of justice in Uganda and escalating government repression ahead of the 2026 general elections.
- THAT the preamble of the Constitution of Uganda recognises commitments to “building a better future by establishing a socio-economic and political order through a popular and durable national Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress.”
- THAT the national objectives and directive principles of state policy in the Constitution, state that “The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.”
- THAT the political objectives of the Constitution on the protection and promotion of fundamental and other human rights and freedoms provide that “The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights by providing them with adequate resources to function effectively.”
- THAT further, the political objectives on the “protection and promotion of fundamental and other human rights and freedoms” provide that “The State shall guarantee and respect the independence of nongovernmental organisations which protect and promote human rights.”
- Article 1 (1) and (2) of the Constitution pronounces that all power belongs to the people who shall exercise their sovereignty in accordance with the Constitution and that, all authority in the State emanates from the people of Uganda; and the people shall be governed through their will and consent.
- Article 2 (1) of the Constitution pronounces the Supremacy of the Constitution and provides that the Constitution “shall have binding force on all authorities and persons throughout Uganda.”
- Article 3 of the Constitution obligates every person to respect, uphold and defend the Constitution.
- Article 23 of the Constitution provides for the protection of personal liberty.
- Article 28 (1) of the Constitution provides that “in the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.”
THAT the Uganda High Commission in Nairobi represents the Republic of Uganda in Kenya.
THAT on 16 November 2024, Dr Kizza Besigye, Ugandan opposition politician and former presidential candidate for the Forum for Democratic Change (FDC) political party, was abducted in Nairobi, Kenya. He resurfaced on 20 November 2024 when he was arraigned in a military court in Kampala, Uganda, where he was charged alongside FDC member Hajj Obeid Lutale with offences relating to security and unlawful possession of firearms and ammunition. He was remanded to Luzira Maximum Security Prison in Kampala, Uganda, where he continues to be detained.
THAT the abduction and rendition of Kizza Besigye and Hajj Obeid Lutale in Nairobi, Kenya adds to the growing and worrying trend of transnational repression in Kenya where foreign critics from countries, including Ethiopia, South Sudan, Tanzania, Turkey and Uganda have been abducted in Kenya.
THAT on 31 January 2025 the Supreme Court of Uganda found that trying civilians in courts martial is unconstitutional and ordered that “all charges or ongoing criminal trials, or pending trials, before the courts martial involving civilians must immediately cease and be transferred to the ordinary courts of law with complete jurisdiction.”
THAT even after the 31 January Supreme Court ruling that trying civilians in military courts is unconstitutional authorities in Uganda have continued the arbitrary detention of Kizza Besigye, Hajj Obeid Lutale and their lawyer Eron Kiiza, also charged and convicted by the military court for “contempt of court” which is an infringement on their rights to personal liberty and fair trial under Uganda’s Constitution and international human rights law.
THAT the abduction and rendition of Kizza Besigye and Hajj Obeid Lutale blatantly violated international human rights law and the principles of extradition treaties.
THAT the conviction of lawyer, Eron Kiiza, by General Court Martial for “contempt of court” and sentencing to nine months imprisonment without a fair trial is brazen targeting of a lawyer in the line of duty.
THAT despite the Supreme Court decision, the Ugandan authorities failed to immediately release Kizza Besigye, Hajj Obeid Lutale, lawyer Eron Kiiza and others and continued to arbitrarily detain them. THAT on 20 February 2025, Uganda police opened charges for Kizza Besigye, Hajj Obeid Lutale, and Denis Oola with the offences of “TREASON, contrary to section 23(1)(c) of the Penal Code Act, Cap 128” and “MISPRISON OF TREASON, contrary to section 25 of the Penal Code Act, Cap 128.”
THAT on 21 February 2025, Kizza Besigye, Hajj Obeid Lutale, and Denis Oola were arraigned in Nakawa Chief Magistrates Court, in Kampala, a civilian court, where the court ordered that the three be further remanded until 7 March 2025 as investigations go on.
THAT the transfer of Kizza Besigye and Hajj Obeid Lutale to civilian courts is a continuation of a process begun through rendition, which is unlawful under international law, and as such any trial that follows the transfer amounts to a continuation of an unlawful process.
THAT Kizza Besigye’s health has seriously deteriorated after more than a week on hunger strike to protest his detention and that on 21 February 2025, Kizza Besigye announced to his legal team that he had officially ended the hunger strike because his case had then been moved to a competent civilian court.
WHEREOF your humble petitioners pray that:
- THAT the Petition be admitted and considered by Uganda High Commission.
THAT the Uganda High Commission conveys this petition from the undersigned organizations and individuals, condemning the militarization of justice in Uganda and escalating government repression ahead of the 2026 general elections and call on the Ugandan authorities to:
- Immediately free Kizza Besigye and Hajj Obeid Lutale due to the nature of their abduction and rendition, which was in clear violation of both international human rights law and the process of extradition with its requisite fair trial protections and given their transfer to civilian court without first being released amounts to a continuation of this process.
- Immediately release Eron Kiiza and stop targeting lawyers for doing their job.
- Take immediate action to prevent any harm to or loss of life of Kizza Besigye, Hajj Obeid Lutale, Lawyer Eron Kiiza and all others detained,
- Promptly, thoroughly, impartially, effectively, independently, and transparently review all cases of civilians on trial in the General Court Martial and immediately cease prosecution of civilians in military courts and release all individuals found to be arbitrarily deprived of their liberty in Uganda’s civilian and military prisons,
- Promptly, thoroughly, impartially, independently, transparently, and effectively investigate death threats against Kizza Besigye by President Yoweri Museveni’s son, Muhoozi Kainerugaba, who is the Chief of Defence Forces of the Uganda Peoples’ Defence Forces and take urgent action to protect his right to life,
- Immediately propose amendments to the Uganda Peoples’ Defence Forces Act, 2005 as ordered by the Supreme Court to align it to constitutional principles on due process (i.e., independence, impartiality, the right to appeal, for instance) and clarifying the limited jurisdiction of military courts under the Constitution of Uganda and international human rights law.
PRESENTED BY:
PETITIONERS
ORGANISATIONS/MOVEMENTS:
- Amnesty International
- Centre for Strategic Litigation (CSL)
- Change Tanzania Movement
- East Africa Law Society (EALS)
- Independent Medico-Legal Unit (IMLU)
- International Commission of Jurists (ICJ) – Kenya
- Kenya Human Rights Commission (KHRC)
- Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPU)
- Law Society of Kenya (LSK)
- Pan African Lawyers Union (PALU)
- The She Main Table
- The Students Caucus
INDIVIDUALS:
- Agather Atuhaire
- Andrew Karamagi
- Boniface Mwangi
- Jenerali Ulimwengu
- Willy Mutunga
- Hanifa Adan
- Hussein Khalid
- Kakwenza Rukirabashaija
- Kato Tumusiime
- Kunihira Proscovia
- Lynn Ngugi
- Mwanase Ahmed
- Nerima Wako
- Shakira Wafula
- Stella Nyanzi
CC:
H.E Amb Eunice Kigenyi
Chargé d’affaires
High Commission of The Republic of Uganda
And Permanent Mission to Un-Habitat and UNEP
Riverside Paddocks, Off Riverside Drive
Po Box 60853 – 00200, Nairobi, Kenya