THE FREEDOM OF SPEECH: IS THE CONSTITUTION UNDER ATTACK?

Since it’s independence, Uganda has evolved through different regimes all of which stood with their merits and demerits. Many of these regimes were characterised with the abuse of human rights but the reason behind this was that many of these forcefully came into power just as the current one. However the difference is that elections have between held and the NRM government has come out victorious.

A constitution was drafted hoping it will hold the will of the people as it provided different human rights. However, their violation has more so reached it’s pick at such a time when no appointment has been made to Chair the Uganda Human Rights Commission after the passing away of Meddie Kaggwa(R.I.P). Article 29(1)a and b of the Constitution (As Amended) provides for the right to the freedom of speech and expression, freedom of thought, conscience and belief but the question is how do we interpret these rights. We expect that the Constitution being the supreme law in this country, it’s provisions stand paramount to be followed but it’s instead the other way round.

On the 25th July 2020, four members of a comedy crew alias ” _Bizonto_” who were also employees of Simba FM were arrested with their arrest being connected to a video clip they released. In the video clip all the top government officials mentioned there in were said to be coming from the west which was absolutely true, thou it’s stated that they were intending to mean the government is tribalistic. I don’t think it should be a crime interpreting someone’s message the other way round. Neither is it a crime to come from the West, Article 37 of the Constitution provides for a right to belong to a certain culture.

Before the incident above on the 23rd, a musician ” _Gerald Kiweewa_” was arrested and had his house arrest in relation to a song he had released a while ago titled ” _Nantaba_ “. It is allegedly said it’s because a name of a certain Minister is mentioned and added up to a name an opposition member of Parliament but still connecting to some rumours back then which I won’t dig into. It’s not the first arrest made of an artist because someone isn’t happy with what they did mention in the profess of their music.

In 2005, the Constitutional Court annulled provisions of the Penal Code Act which incriminated sedition just because they were inconsistent with Article 29 of the Constitution and these included  Sections 39 & 40. This was in the case of Andrew Mwenda & Another v The Attorney General, Constitutional Petition No.12 of 2005 where court agreed with Counsel Kakuru (As he was then) that leaders ought to grow hard skins to bear certain criticism instead of using their power to violate people’s freedoms.

My understanding is that there is no crime I commit when you interpret my message in a wrong way so different from what I actually intended to mean. Seriously, this isn’t where you should apply your ” _innuendo_ ” or else we may put the law to fault. There as I conclude, the country is set to hold scientific elections first of their kind meaning as much criticism is expected, will the government end up arresting everyone that opens their mouth to speak against something they think is wrong!!?