Government, MPs agree on five action points on police

Kampala. The Opposition and the ruling NRM party MPs this week closed ranks on the issue of police brutality that has captivated the nation in the last few weeks. It was the third time the two sides seemed to unanimously agree on politically contentious issues.
In 2008, the 8th Parliament unanimously voted to institute a select committee to probe police handling of Opposition leaders after Kampala Woman MP Nabilah Nagayi Ssempala was “undressed” as she was being arrested in Owino (St Balikuddembe) Market, while in 2011 the 9th Parliament unanimously voted to demand that government discloses the Production Sharing Agreements with oil exploration companies.
But even as the two sides in the House on Thursday voted to condemn the police and agreed on five resolutions going forward, they remain diametrically apart on the causes and it remains to be seen how the five resolutions will be implemented.

The resolutions were: 1) the police be condemned for their unprofessional behaviour, 2) government takes measures to ensure that such incidents do not happen again, 3) government regularly updates Parliament on the steps it takes to reform the police, and 5) the Prime Minister and the Leader of Opposition regularly hold meetings to discuss issues of mutual concern.
In the coming weeks, these resolutions will be put to test as the public watches the conduct of the police, the Opposition and the government.

Addressing the press at his offices yesterday, Prime Minister Ruhakana Rugunda refused to be dragged into what government intended do about the police brutality. He insisted all issues about the police brutality were addressed during the debate and would not make further comment.
Dr Rugunda had called the press to announce a Cabinet retreat scheduled for next week to discuss the government’s agenda in the new term.
On Thursday the Opposition Shadow minister of Internal Affairs Muwanga Kivumbi presented a scathing statement condemning the brutality meted out on Opposition leader Dr Kizza Besigye’s supporters in Najjanankumbi and Kalerwe suburbs recently.

The State minister for Internal Affairs Obiga Kania agreed that some police commanders had behaved unprofessionally by beating up the crowds unprovoked on both occasions.
However he was quick to also say the mistakes by some police officers should not lead to collective demonisation of the whole police force and blamed Dr Besigye for continuing with his defiance campaign despite the court conditions of his bail.
He said Dr Besigye’s continued defiance campaign was partly to blame for the brutality.
He said the police had already charged some of its own in the force’s administrative court and more would be charged soon.
Below are highlights of how the debate, which went until late in the night on Thursday, panned out.

Mario Obiga Kania – Minister of State for Internal Affairs

On 12th July 2016 Col (Rtd) Dr Kizza Besigye was released on court bail from the High Court… To ensure that Dr Besigye did not cause violence or breach of the peace… police made precautionary deployment, including escorting him to his home in Kasangati, Gayaza, especially after he declared in the precincts of the High Court, after the ruling, that he would continue with his defiance campaign.
On the way to his home, Col Dr Besigye moved in an illegal procession that had been pre-planned and organised. At Kalerwe Market where a big crowd had gathered, the Police in their effort to ensure that the Kampala-Kasangati-Gayaza road is not blocked, got involved in confrontation with the crowd.

Regrettably, some police officers, in their use of force acted unprofessionally. They beat members of the public without provocation. This was wrong and Police regrets the incident.
The next day, on the July 13, 2016, again Dr Besigye, " after the court hearing in Nakawa Court, moved in an illegal procession to the offices of the FDC in Najjanankumbi, along Entebbe road. Police deployed at the junction of Namasole/Busabala/Entebbe junction. Again, there was confrontation between the Police and the crowd, in which some police officers acted unprofessionally in their use of force.
While appreciating the police for enforcing law and order and keeping the city safe and secure, the acts of indiscipline on the part of individual police officers is not acceptable. Indeed, Police have acted swiftly and disciplinary action against the Police Officers implicated has been initiated.

In 1829, Sir Robert Peel, the father of modern policing said: “The police are the public and the public are the police. The Police being the only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of the community welfare and existence”.
Therefore, incidences such as the above should not make us to condemn the institution of Police, but rather work collectively in order to improve the strategic and operational efficiency of the Police Force.

Wilfred Niwagaba (Ndorwa West, Kabale

Unfortunately, we seem to be running a country where individuals are above the law.
Article 211(3) of the Constitution gives one of qualifications of a police officer; that he or she must be a citizen of Uganda of good character…. the majority of police officers who are mentioned in these incidents which we have unfortunately not played for you to see cannot, by any stretch of imagination, be spoken of as citizens of good character.
This business of caning people randomly, those who are innocent, those who are suspected, the guilty….(interrupted). Even if a person is participating in a demonstration criminally or otherwise, he or she is still presumed innocent until a court finds him or her guilty.

Mwanga Kivumbi - Shadow minister of state for Internal Affairs

Hon Speaker, you were in this chair when we passed the Public Order Management law. Even in the law that I believe is unfair, you were at liberty to protect Ugandans because you articulated the notion of spontaneous gathering.
Spontaneous gathering is where one is declared winner and people gather. That gathering is fully protected by the law which we passed in the last Parliament.
For police to descend on people assembled around Kalerwe and around Kampala and beat them up, they [police] were against and offending an established law.
In the law we have that governs the police, we have laid down procedures, even if the gathering is to be illegal how police should go around dispersing that gathering….
This Parliament passed the Anti-Torture Law. You are aware Madam Speaker that corporal punishment is illegal in this country and there is a Constitutional Court ruling to the effect.
When we talk about rule of law and order to which we must all affirm if we are to have a stable and peaceful country, it inherently implies that government and those that enforce the law must be the first to obey the law. But be as it may, those we see on the streets who ought to enforce the law are the first to offend the law.
I am not criticising the police that gives you protection, that protects parliament and the general public, that police of Uganda, does a heroic job and under very difficult circumstances.
The group I am up against and we must stand up to condemn is the group that is fairly political within the police force. The professional police of Uganda does its work fairly well under difficult circumstances.
The people I am standing up to who are perpetrators of this [brutality] must be isolated, encircled and defeated. The other day the Inspector General of Police went out of his way to defend the beating of people saying it is a new method of how to control crowds.
The Inspector General of Police is not above the law. He must make every single directive and administrative order based on the law.
There has been an attempt by the police force to prosecute some officers using their internal mechanisms to discipline and we would have applauded that kind of measure but they are bringing fairly small fish.
I have, before me one Aaron Baguma. He continues to be one of the notorious police officers in this country and he is everywhere. The DPP has already sanctioned a murder charge [against him]. I brought this issue when we were handling ministerial policy statements. Police has not only protected but promoted him. I will mention the names of notorious police officers and you will see them in the dock, the first one to go should be Gen Kale Kayihura (applause in the House).
He is the boss of the Police; he is supposed to take every responsibility and to answer.
That is why we are saying the investigation police is conducting is simply a public relations exercise and cover-up. It is insufficient to go to the bottom of the matter.

Henry Tumukunde, Security minister

We should not condemn right neither should we support wrong. If an honourable member comes up and says that national security sat and organised stick bearers who were attacking from another direction…. I was in that National Security Council. We sat to study that situation and find a way of controlling it.
We need to look at both sides of the equation because security is too important to be left for the security organs. Every member of society must care to abide by law and order. Whether shot or not, it does not stop me from saying that sometimes we need always to stick to the law because as long as we continue to manipulate these situations we all are at a risk.

Guma Gumisiriza (MP Ibanda North)

It is not fair for police to brutalise Ugandans but it is also not fair for members of Uganda Police to bash the Police in execution of its duties. In crowd dispersal especially a Ugandan crowd of returnees from Afghanistan, Iraq, of retired UPDF and NRA, Uganda Police have a huge challenge to disperse the crowd particularly one that is following a political leader who has been advocating for violence which started as Walk to Work and evolved into defiance.

Theodore Ssekikubo (Lwemiyaga)

The events leading to this motion and statement can be categorised as unfortunate. The statement of the minister seems to have disarmed me. I thought the minister would try to justify it. We need concrete steps being taken by government and the police authorities to assure Ugandans that this kind of naked brutality does not re-occur.

Angeline Osege (Soroti District Woman MP)

The conduct of the Police in Uganda is beyond the 21st Century imagination. The militarisation of the police could be part of the reason for the things we are seeing today.
It is not surprising that today we are seeing Kifeesi, one day they are working with police, the other day they are denying them. How do we redeem trust in Police that is working with criminals?

Medard Sseggona (Busiro East MP)

The Police and the military had the time to organise where the Police had to call in the military and other men in civilian clothes in such a spontaneous gathering where Dr Besigye was going in Kasangati. They were able to mobilise sticks.
This so-called confidential document has a list and images of the sticks they are using or they seem to have gazetted. Violence must never be justified. One day, I saw minister for Security (Henry Tumukunde) crying after having been shot in the leg and the spokesperson of the military said “that was not a bullet”, that the General did not know the difference between a bullet and a rubber bullet.

[email protected]