{UAH} Public order management bill (POMB)

If this bill becomes law it will violate national and international instruments that protect freedom of peaceful assembly and of association.

In the Universal Declaration of Human rights freedom of peaceful assembly is recognized. It is proclaimed in Article 20 paragraph I that "Everyone has the right to freedom of peaceful assembly and association".  

Article 21 of the International Covenant on Civil and Political Rights states that the "Right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety, public order, the protection of public health [such as Ebola]or morals or the protection of rights and freedoms of others".

Freedom of association is provided for in the Universal Declaration of Human Rights which in Article 20, para. 1 and 2 stipulates that "Everyone has the right of freedom of peaceful association" and "No one may be compelled to belong to an association".

Article 22 para.1 of the Covenant on Civil and Political Rights states that "Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his/her interests". Article 10 para. 1 of the African Charter on Human and Peoples' Rights declares that "Every individual shall have the right to free association provided he abides by the law". This right is enshrined in other universal and regional standards setting instruments.

In Article 29 (para.1 sub-paras. d and e) of Uganda's 1995 Constitution states that every person shall have the right to "Freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organizations".

The freedoms of peaceful assembly and association are enshrined in international, regional and national instruments. The current bill on public order management is designed to curtail this freedom of peaceful assembly and association. Therefore it is unconstitutional and should be rejected.

NRM government is introducing this bill to curtail non-violent assemblies, demonstrations and associations that are threatening democratic removal of the NRM government as happened in Tunisia, Egypt and Yemen and before them in Iran in 1979 and the Philippines in 1986.

Non-violent resistance can take the form of peaceful mass rallies and street demonstrations. They can also take place in the form of political, economic and social non-cooperation with the government. Non-violence should therefore use diverse strategies including participation in labor strikes, consumer boycotts, lockdowns, and sit-ins that do not require physical strength.  These strategies can enable the elderly and other physically weak people to take part in non-violent resistance.

Ugandans should be innovative and apply different strategies including the "war of the flea" tactics where the opponent is attacked from all sides simultaneously so that with limited capacity the opponent in this the NRM government can't stop but succumb to resistance.

The police is involved in assembly and associations not to permit demonstrations be held but to guarantee that order is maintained at rallies.

Eric