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Museveni insists on law against granting bail

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Museveni insists on law against granting bail

President Museveni addresses Cabinet ministers after their swearing-in ceremony at State House Entebbe recently. PHOTO BY GEOFFREY SSERUYANGE 

By Mercy Nalugo & Isaac Imaka   (email the author)
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Posted  Thursday, July 21  2011 at  00:00

President Museveni has insisted on introducing legislation in Parliament whose effect will be to scrap the constitutional right to bail for certain offences.

Mr Museveni told NRM party MPs during a caucus retreat at State House, Entebbe, on Tuesday that the proposed law, which several MPs have already promised to oppose, is intended to ensure peace and stability.

The President said unless the government prevails over demonstrators and criminals, there will not be development in the country. His proposal would see people accused of the as-yet-undefined crime of economic sabotage, participating in demonstrations, committing murder, defilement, rape and treason denied bail.

For development
“We need development in the country which can only be achieved through a stable country. A country that is free from demonstrators,” President Museveni reportedly said.

According to a source that did not want to be disclosed for fear of reprimand, the President brought up the bail matter during his closing remarks after a day’s deliberations on economic transformation and how household incomes can be improved.
Mr Museveni said he cannot leave what he called “masqueraders” to play around with the security of the country.

“We have to urgently work on the law by putting such people in incarceration for six months and I need that report,” Mr Museveni reportedly said.

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Prime Minister Amama Mbabazi was tasked by the caucus to head the sub-committee that is studying the pros and cons of the controversial proposal.

The proposal has been widely condemned by human rights defenders and the Opposition, who note that bail is a fundamental human right and that the government wants to use the law to curtail other constitutional freedoms like the right to assembly and expression, which are critical to democracy.

It has also been criticised because it will, by implication, negate the constitutional guarantee of presumption of innocence until proven guilty.

Bulamogi MP Kenneth Lubogo said the law is anti-people.

“We, as the people’s representatives, have to make laws which protect the fundamental rights of Ugandans and with me, this is not one of them. And what constitutes economic sabotage?” Mr Lubogo wondered.

The government chief whip and NRM caucus chairman, Mr John Nasasira, yesterday briefed reporters at Parliament about the three-day retreat and reiterated the need for the law, saying: “The President is serious and he wants the law, and we also want it.”

When asked whether he believes that bail is a human right, Mr Nasasira said it is not an obvious right.

“Some cases are not bailable. That’s why some courts do not have the powers to give bail. But let’s discuss the issue when the Bill is brought to the House,” he said.

Mr Nasasira denied claims that the party used public funds to fund the retreat.

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