Wednesday, October 30, 2024

Ugandan police defy orders to avoid sanctions

Ugandan police officers are reportedly defying official directives largely to avoid sanctions from the USA and European countries, The Observer has learned.

In September, the USA Department of State imposed sanctions on four Uganda Police Force (UPF) officers for their alleged involvement in serious human rights violations, including torture and other forms of cruel, inhuman, or degrading treatment.

These sanctions mark a significant move by the USA, targeting high-ranking UPF officers as part of an accountability initiative aimed at addressing abuses within Uganda's security forces. The officers under sanction include figures alleged to have orchestrated or condoned actions that directly violate international human rights standards.

This development places increased pressure on Uganda's police force to review practices and oversight mechanisms, yet some officers appear resistant to internal directives designed to mitigate further international scrutiny. Among those designated are Bob Kagarura, former Wamala Regional Police Commander; Alex Mwine, former District Police Commander for Mityana; Elly Womanya, a former Senior Commissioner and Deputy Director of the UPF's Criminal Investigations Division overseeing the Special Investigations Unit (SIU); and Hamdani Twesigye, then-Deputy Inspector of Police assigned to the SIU.

According to US Department of State spokesperson Matthew Miller, these sanctions make Kagarura, Mwine, Womanya, Twesigye, and their immediate families ineligible for entry into the United States. Miller affirmed the credibility of allegations against these officers, which were corroborated by Ugandan civil court documents, civil society organisations, and independent journalists.

"The United States, by publicly designating these individuals, reaffirms its commitment to upholding human rights for all Ugandans and ensuring accountability for human rights violations," Miller stated.

BACKGROUND OF THE SANCTIONS

The sanctions stem from a high- profile case involving Mityana County MP Francis Zaake, whose arrest and alleged mistreatment drew national and international attention. Zaake was apprehended at his home in Mityana in 2020 for distributing food during the Covid-19 lockdown, allegedly in violation of ministry of Health standard operating procedures.

Following his arrest, Zaake was held at Mityana police station before being transferred to the Police Special Investigations Directorate (SID) at Kireka, where he claims he experienced severe abuse. Zaake contends that during his detention, police officers conducted a search of his home without a warrant, and that he endured physical abuse, including beatings, pepper spray, and verbal harassment directed at his ethnicity and political affiliations.

Additionally, he claims he was detained in ungazetted facilities. Although Nakawa Chief Magistrate's court ordered his unconditional release on April 27, 2020, Zaake was instead released on police bond two days later. Zaake subsequently filed a lawsuit in 2020 against the attorney general and the officers allegedly involved in his mistreatment, including the recently sanctioned Kagarura, Mwine, Womanya and Twesigye.

His complaint outlined that he was held incommunicado, subjected to torture, and detained without trial in multiple locations, including Mityana police station, Uganda Police Force's Special Investigations Unit headquarters at Kireka, the Chieftaincy of Military Intelligence headquarters in Mbuya, and two hospitals.

Most of these sites, he claimed, are not officially designated detention centres. In August 2021, High court judge Esta Nambayo ruled that the physical harm inflicted on Zaake during his detention constituted a violation of his fundamental rights to dignity and freedom from torture and awarded him Shs 75 million in compensation.

BROADER IMPLICATIONS FOR UGANDA'S POLICE FORCE

The USA sanctions represent a significant diplomatic move, signalling a growing international focus on human rights practices within Uganda's law enforcement agencies. The sanctions not only restrict travel for the designated officers and their families but also serve as a statement on accountability in cases of human rights violations.

The sanctions come amid broader concerns within Uganda about law enforcement practices, transparency, and the treatment of political dissidents and opposition figures. By sanctioning these officers, the United States and its allies underscore the potential for diplomatic repercussions when international human rights standards are not met.

The move also aligns with global efforts to address human rights abuses and highlights ongoing challenges within Uganda's judicial and law enforcement systems in upholding the rule of law and ensuring fair treatment for all citizens. The developments in the Zaake case, combined with the sanctions, may pressure Ugandan authorities to reassess police procedures, particularly regarding arrests, detention practices, and respect for citizens' rights.

As Uganda's political and legal landscape evolves, the international community's response to such cases will likely continue to shape dialogue around human rights and accountability in the country.

IMPACT OF SANCTIONS ON UGANDA'S POLICE FORCE: INSIGHTS FROM THE FIELD

Sanctions imposed by the United States and other countries on Ugandan police officers have stirred a mixed response within the ranks of law enforcement, according to officers interviewed for this report. While the sanctions have underscored accountability for human rights violations, they have also contributed to frustration, diminished morale, and fear among police personnel.

One officer reflected on the dual impact of the sanctions.

"I believe it has affected us both positively and negatively. The sanctioned commanders often express their frustration, blaming us for their blacklisting, even though we're simply following orders. They claim these orders come from higher up," the officer stated.

This sentiment reflects a prevailing tension between field officers, who face frontline accountability, and their commanders, who direct operations but often do not defend their subordinates when situations escalate. The sanctions have also led to increased caution among officers, as they are reminded of the potential repercussions of their actions.

"We were briefed about the recently sanctioned officers and reminded that our actions have consequences. Some leaders advise us to handle orders thoughtfully and avoid unnecessary confrontations," the officer explained.

However, another source noted that senior officers frequently attribute the sanctions to the actions of field officers, whom they accuse of responding too aggressively under pressure.

"Our bosses often blame field officers, saying we act under stress and end up mistreating people. Since the USA. began imposing sanctions, there has been a noticeable decrease in human rights abuses during and after protests," he observed.

This awareness of potential repercussions has contributed to a shift in the way officers approach protest crackdowns. During a recent demonstration against the speaker of parliament and the East Africa crude oil pipeline, officers were instructed to handle the situation carefully to protect the reputation of the police force.

According to an insider, "If you look closely, you'll see there was no impunity or arrogance in the recent arrests. Officers have lost morale, and some even claim to be indisposed to avoid participation in actions that could lead to sanctions."

Low morale has become a recurring theme among officers, especially within the Field Force Unit (FFU). An officer described the situation as a no-win scenario: "They give us orders and direct us to execute them. But if we don't succeed, we face charges; if we follow them too aggressively, we're reprimanded. So, what do they expect us to do?"

In an effort to address the mounting concerns among younger officers, the director of Counter-Terrorism recently held a career discussion, emphasising that accountability for human rights violations will continue, extending beyond those already sanctioned.

"We are serving the Republic of Uganda, not just the current government," he told the officers. "A time will come when the government will change, but young officers will still be here. Many senior officers are already in the 'red zone' with tarnished reputations. They have little chance of serving beyond this government."

The speech appeared to resonate deeply with the officers, who are increasingly aware of the long-term implications of their actions. "He told us the truth," one officer recalled.

"If something were to happen now and the government changes, those in power won't be there to protect us. We, the younger officers, will still be here, expected to serve the nation. Many of our seniors are already sanctioned and may not have careers beyond this administration."

Another officer noted that the fear induced by USA sanctions has grown within the police force. However, due to the structured chain of command, declining deployment orders is rarely an option. "Like the military, police operate on orders; you can't decline a deployment. When a commander orders you to take action, you follow through. Refusing isn't an option," he said, underscoring the rigidity of the police structure.

These sanctions have cast a shadow over the force's reputation, both internally and in the public eye.

"The sanctions tarnish our image as an institution and in the eyes of the public. We are often perceived as rogue armed individuals who disregard human rights," the officer added.

For many low- ranking officers, the sanctions have complicated their roles, often making them bear the brunt of public criticism despite acting on orders.

"It's clear we are following directives, but we're the ones who end up facing the consequences," he said.

As sanctions continue to shape the dynamics within Uganda's police force, the effects are felt at every level—from senior commanders to frontline officers. The unfolding consequences of these international pressures are reshaping attitudes within the force, fostering greater caution, and challenging the balance between executing orders and respecting human rights.

POLICE ADDRESS RECENT SANCTIONS AS LIST OF BLACKLISTED UGANDANS GROWS

In response to recent USA sanctions imposed on Ugandan police officers, police spokesperson Rusoke Kituuma stated that the Ugandan police institution has Maj Gen Tumusiime Katsigazi opted not to formally respond, citing the absence of direct communication from the USA government.

"When a foreign government has not communicated, and we can choose whether to respond or not," Rusoke told The Observer, underscoring the institution's stance of selective engagement with foreign sanctions.

EXPANSION OF THE USA SANCTIONS LIST IN UGANDA

The latest round of sanctions adds to an expanding roster of high-profile Ugandans who have been blacklisted by the United States over the years for alleged corruption, human rights abuses and other serious violations.

In 2018, former Foreign Affairs minister Sam Kutesa, who served as president of the UN General Assembly from 2014 to 2015, was implicated in a bribery scandal involving Chinese national Patrick Ho of the China Energy Fund Committee (CEFC). Kutesa was accused of accepting a $500,000 bribe from Ho to secure "business advantages" for the Chinese energy corporation.

Although Kutesa has denied any wrongdoing, his inclusion on the USA watchlist brought significant scrutiny to Uganda's handling of high-level corruption. Former Inspector General of Police (IGP) General Kale Kayihura, a prominent figure in Uganda's security sector, faced USA sanctions in 2019 for alleged involvement in corruption, human rights abuses, and bribery.

The U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) accused Kayihura of leading a police force known for serious human rights abuses against Ugandan citizens. In a statement, Treasury under secretary for Terrorism and Financial Intelligence Sigal Mandelker stated, "We are targeting Uganda's former police inspector general Kale Kayihura for using corruption and bribery to strengthen his political position, as units under his command committed serious human rights abuses."

The sanctions extended to Kayihura's immediate family, affecting their access to USA assets and travel. In December 2021, Major General Abel Kandiho, former head of the Chieftaincy of Military Intelligence (CMI), was also sanctioned by OFAC. Kandiho was implicated alongside high-profile Iranian and Syrian officials in allegations of serious human rights abuses.

According to the Treasury Department, Kandiho's tenure at CMI was marked by repressive measures targeting civilians, political dissidents, and peaceful protesters.

IMPLICATIONS FOR UGANDA'S INTERNATIONAL REPUTATION

These sanctions reflect an intensifying focus by the United States on Uganda's human rights record, corruption and governance issues. By targeting senior officials in the police, intelligence, and political sectors, the USA has signalled its intention to hold Ugandan leaders accountable for actions perceived as undermining human rights and democratic principles.

As more Ugandans are added to international sanctions lists, the impact on Uganda's international standing and diplomatic relations with Western nations may continue to grow.

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