The Forum for Democratic Change (FDC) has accused the Ugandan government of selectively applying laws governing public demonstrations, prosecution of corruption, and criminal cases involving political opponents. FDC Deputy Secretary for Publicity, Publication and Documentation Mulindwa Walid Lubega stated that the treatment of a recent Patriotic League of Uganda (PLU) demonstration contrasted sharply with the security response to protests organised by opposition groups. This has raised concerns about double standards in the enforcement of Article 29 of the Constitution, which guarantees freedom of assembly and peaceful demonstration.

Lubega said that the demonstration by PLU supporters, who marched from Lugogo Cricket Oval to the Turkish Embassy in Kololo, was facilitated by security agencies, whereas opposition gatherings are often restricted through arrests, tear gas, and other security measures. He described the right to demonstrate as a monopoly exclusively enjoyed by those in the ruling party and their PLU allies. The FDC called on the Uganda Police Force, the Office of the Director of Public Prosecutions, and the Judiciary to apply the law equally, arguing that the constitutional right to peaceful assembly should not depend on political affiliation.

The FDC also questioned the effectiveness of recent government anti-corruption operations led by Local Government Minister Balaam Barugahara and other ministers during the ongoing cabinet recess. Lubega described these operations as publicity exercises and questioned the number of officials arrested during the ministerial tours who have subsequently been prosecuted or required to refund public funds. The criticism comes as Barugahara has conducted inspections of local governments as part of government efforts to expose corruption and other forms of abuse in public service.

Rather than relying on arrests and publicised operations, Lubega called for the government to implement recommendations contained in reports by the Auditor General, Inspectorate of Government, and parliamentary accountability committees. He argued that these institutions have already documented numerous cases of suspected misuse of public resources and that effective prosecution and recovery of funds would provide a more sustainable response to corruption. The FDC raised concerns over the implementation of recommendations contained in these reports, citing several cases in which recommendations for investigation, prosecution, or recovery of public funds have remained unresolved.

The FDC also criticised the continued use of serious criminal charges, including treason and firearms-related offences, in cases involving political opponents. Lubega cited the ongoing case against former FDC presidential candidate Dr Kizza Besigye, arguing that the prolonged proceedings raise concerns about the use of criminal justice in political disputes. The party’s position follows testimony in the case by prosecution witness Andrew Wilson, who told the court that two pistols and alleged counterfeit currency were already in a Nairobi apartment before Besigye and his co-accused arrived.

Lubega said the testimony raised questions about the circumstances under which the evidence was obtained and presented before court. The evidence remains subject to determination by the court, which is yet to conclude the case. The FDC called for a review of political cases involving treason, treachery, firearms, and alleged military equipment, as well as respect for the jurisdiction of civilian courts and the constitutional right to a fair and timely trial.

The party also called for an end to what it described as the use of criminal prosecution as a substitute for political competition, insisting that all citizens should receive equal protection of the law. Lubega emphasised that the FDC is not protecting criminals, but rather seeks to ensure that if a citizen has committed treason, the State must prove it in an independent and competent court.

Key points

  • The FDC accuses the government of double standards in enforcing laws governing public demonstrations and prosecution of corruption.
  • The party questions the effectiveness of recent anti-corruption operations and calls for implementation of recommendations from Auditor General and Inspectorate of Government reports.
  • The FDC criticises the use of serious criminal charges in cases involving political opponents, citing the ongoing case against Dr Kizza Besigye.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.