THE LEAST GOVERNMENT CAN DO FOR TORTURE VICTIMS IS TO PAY THEIR COMPENSATION AWARDS PROMPTLY

Today, some of the suspects in the attack against Gen. Katumba Wamala appeared in Court. To the shock of the eyes and cameras around, the suspects were full of wounds, swellings, and other apparent marks of torture! This is unfortunate! This breaks all the laws there are, national and international, but especially go counter to the 1995 Constitution of the Republic of Uganda that states in Article 24 that;

“No person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.”

That above is the first non-derogable right under Article 44 (a). Therefore that such images are unfortunate cannot be overemphasized and one hopes that security agencies sober up immediately and shun cruel methods of work. The more unfortunate bit however is that the script has remained the same over the years and even where Court/human rights commission redress comes against government and orders for recompense, victims of such rarely receive compensation.

Imagine suffering torture of the magnitude of suspects of the Kaweesa murder and that those of Gen. Katumba have suffered now, by luck going through the rigors of litigation to seek justice, you relive the horror through the exactitudes of trial successfully, and then you never receive the compensation awarded – until death, or another struggle of inordinate delay. This is the reality for many Ugandans ill-fated to be victims of torture.

The Uganda Human rights Commission reports a spike in torture cases every year especially by security agencies. No wonder, 70% of the Court/Commission awards for human rights violations are for torture.

Torture takes physical and psychological forms. Physical forms like beating with sticks or gun butts, kicking, using pepper spray or electric shocks, placing objects like sticks between fingers, placing victims in insects, plucking out fingernails, suffocating in polythene papers, splashing water in nostrils, suspending victims upside down among others. Then psychological forms include threats to shoot or actual shooting around the person, lengthy solitary confinement in filthy environments, denial of sleep for long hours, and detention incommunicado.

In some cases, torture leads to death and causes serious medical, psychiatric and psychological problems in others, entitling the victims to an effective remedy. This is why legally, compensation is widely acknowledged in national and international law as an avenue for prohibition and redress.

The 1995 Uganda Constitution creates a State obligation for remedies upon violation of human rights, one of which is compensation. It gives power to Courts, and the Uganda Human Rights Commission to award Compensation to victims of human rights violations including torture. Courts are also constitutionally enjoined in adjudicating cases of both a civil and criminal nature, to ensure—justice is not delayed; and adequate compensation is awarded to victims.

The Prevention and Prohibition of Torture Act, 2012 as well provides for Compensation for any economically assessable damage resulting from torture such as— physical or mental harm, including pain, suffering and emotional distress; lost opportunities, including employment, education and social benefits; material damage and loss of earnings, including loss of potential earnings; medicines, medical services.

Unfortunately, these provisions are largely inoperable because after the awards for compensation are made – usually through personal agency, and support from lawyers, and civil society organizations, the payments either never come through or take eons – sometimes until the victims die. This defeats justice, law and is an extra violation of people’s very humanity, and several human rights.

The laws fall short by not providing for any timelines, sanctions for delay, or guidance on the promptness of payment the incessant inordinate delays and non-payment.

There was a plausible attempt by legislators in 2019 to cure this through the Human Rights Enforcement Act, 2019 by providing that any order made under the Act shall be complied with, within six months from the date of determination, unless appealed against. This was an effort in line with international obligations of freedom from torture and effective remedy under the UDHR (UN 1948), the International Covenant on Civil and Political Rights (ICCPR), the UNCAT (1984), the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which all provide that victims of rights abuses are to be treated with humanity and that the laws in place as well as administrative procedures for justice and reparation, should aid the victim by easy accessibility and use without being re-traumatized.

All these national and international laws have however, hitherto been ignored in sheer contempt hence the prevalence of delay and non-payment. According to the US Department of State’s 2019 Country Reports on Human Rights Practices: (Uganda report), bureaucratic delays continue to hamper enforcement of judgments that grant financial compensation by both Court and the human rights commission as the government rarely complies with judicial decisions related to human rights.  

This is a concern that the Human Rights Commission has over the years re-echoed but the responses from government demonstrate lack of willing to create a coherent harmonized system for compensation. In 2018, the UHRC chairperson (RIP) said the Ministry of Finance had repeatedly refused to pay out compensation and restitution to victims of torture. Shockingly, the ministry replied that it was not aware of any compensation claims and the same scenario replayed out in 2019, where the UHRC again accused the Ministry of Finance of failing to release Uganda Shillings five (5) billion meant for compensation of victims of torture despite the President of Uganda’s intervention through several letters.

The African Commission on Human & Peoples’ Rights in Banjul, the Gambia, like the Human Rights Watch (HRW), and earlier the UN Human Rights Committee all have noted the delay in the payment of compensation to victims of torture and recommended that the State establish a Victims Compensation Fund to ensure timely payment of the compensation to victims. To date however, this is neither implemented nor are there noticeable efforts to make it a reality.

This is not just for tortured suspects. Human Rights Focus, a human rights organization in Gulu, threatened to drag government to Court for the delayed compensation of victims of abuse. They say, more than 11 years since Court ordered government to pay 117 million shillings to six people who were raped, and tortured by officers of the Uganda People’s Defence Forces, the victims have not received the award.

The status quo forced victims of torture in Uganda, in an attempt to curb the challenge of accessing awarded claims to form themselves into an association, the Uganda torture survivors’ association, to support each other in following up but the problem remains pervasive.

The African Centre for Treatment and Rehabilitation of Torture Victims (ACTV) too, reports that many victims of torture whom they support to secure awards for compensation never get paid. These include the prominent example of 22 torture victims who were arrested and tortured as suspects for the murder of AIGP. Felix Kaweesa. They got awards of Ushs.50,000,000/= each that have never been paid up to date.

The inordinate delays in payment of awards by the human rights commission/Courts has been largely, blamed on there being no streamlined procedure for the victims to realize payment. Initially, when a file on a torture victim was received from the Court or Uganda Human Rights Commission, an internal payment procedure at the Ministry of Justice and Constitutional Affairs would commence. The Ministry had a Committee on compensation that would make a decision of payment, send a minute to the Ministry’s Accounts department for payment as and when funds are available. In this case, the Ministry received all awards of compensation against the state. The Ministry would budget for the required resources, and forward the same to the Ministry of Finance.

However, government decentralized the payment of court/tribunal awards and compensation to line ministries, departments and agencies (MDAs) effective 2015. Since the decision was operationalized, complainants have been facing even greater challenges in following up payments of Courts/Tribunal awards made against government, as the relevant MDAs keep claiming that they do not have the finances to make the payments not budgeted for.

This lack of enforcement continues to be a source of intense frustration and disillusionment experienced by torture survivors. The Government often argues that it has no money to pay  the  awards  but  this  is  widely  seen  as  reflecting  a  lack of political  will.  It is only in cases doggedly pursued by complainants that the Attorney-General’s office has at times paid compensation. The state fails to assume ultimate responsibility by paying out the awards, effectively leaving torture survivors empty-handed.

The UHRC has from as far back as 2005 repeatedly stressed that the Government should establish a Victims Compensation Fund to compensate victims where perpetrators are unable to pay none of which has been heeded. It is clear therefore, that the main challenges to payment of compensation is lack of a clear processing and follow up system, corruption, non-prioritization of compensation for funding and the general social political attitude in the country.

There is thus an apparent need to cause structural changes through collective action, and advocacy to deal with the malaise of undue delay and non-payment of compensation awards. The biggest human rights violation in Uganda is torture. Unfortunately, there is scanty advocacy around the issue. As we fight to eliminate torture, the least government can do is to compensate the victims.

The writer is an Advocate of the High Court of Uganda, an Assistant law lecturer at the Islamic University in Uganda, Human Rights lawyer and a fellow of the East Africa Emerging Public Interest Advocates Program (EAEPIAP) by Centre for Strategic Litigation, Tanzania.

CHALLENGE: BOUNCE BACK BIGGER AND BETTERPart 1

(Personal Development Opportunities in the lockdown and Curfew by Abubaker Matanda).

“Every dark cloud has a silver lining” or so we studied.

The foregoing is a cliche adage that we have all heard over and over. It however helps to reflect and think about it deeply now.

In Uganda, recently, a local Musician, Ediriisa Musuuza a.k.a Eddie Kenzo was embarassingly dumped, and abandoned by fellow vocally-blessed singer, Rema Namakula.

Quite expectedly, that is a daunting and painful experience for anyone. To add salt to injury for Musuuza, the two have children in the mix, and flushy marriage ceremonies happened almost immediately after, with I must add, loud pomp!

Eddie Kenzo, tried to keep himself strong and calm but not without some public tears and “Gavumenti weyayus” escaping him. We, in our usual Ugandan playful style laughed and sobbed with him. Ediriisa however, quickly or is it eventually found courage, and his way. Out of the experience, he has so far had over three musical hits, and moving shows re-inventing himself as one of the biggest artists on the Ugandan scene.

It was possible for Kenzo to wallow in misery, cry his eye sockets out, and possibly, commit suicide. Many people do! Imagine such a dog fated end for loaded talent, and what we would have missed? Imagine the music scene without “Basemyekozo” and “Tweyagale/Wamma Tubbale.”

Exactly my point!

Kenzo is not the only one though. There are millions of people who turn tragedies into streams of opportunity. http://www.inc.com shares about three people that turned devastation into prosperity, one is however close to Kenzos. Lets look at it verbatim. Geoffrey James writes.

“It’s been said that “when life hands you lemons, make lemonade.” That’s thinking too small.

A better approach is to turn the lemons into a business plan.

Here is a personal tragedy that was turned it into an opportunity for growth.

Josh Opperman: Broken Promise, Better Price

Opperman came home one day to an empty Manhattan apartment to find his girlfriend gone, with only an engagement ring left behind. Ouch.

As Josh, heartbroken, sat in his home, staring at the ring, he consoled himself with the fact that at least he could return the ring and get his money back. And since the ring cost around $10,000, he anticipated a fair chunk of consolation.

Unfortunately, when he went to the jeweler, he discovered that–despite the fact they could obviously resell the ring for another $10,000–they’d give him only 35% of the purchase price!

Talk about life handing you a lemon.

Opperman realized, however, that his personal disaster was actually an opportunity in disguise.

He founded the website I Do … Now I Don’t, which buys engagement rings from broken relationships and resells them to suitors looking for a good deal. Opperman says he’s now making around 1,200 sales a year.”

Clearly, tough times can yield good results. Reflecting on these, I have thought about 3 ways I can turn tables on this pandemic and I will share in the next post for you to pick a leaf. I however implore you to take off time and ask yourself what opportunities exist that you can take advantage of.

Till then, Namaste.

DON’T GO BEGGING PEOPLE, MAKE YOUR OWN MONEY. (Long but I haven’t poured out my heart this way for some time).

As a given, I love having options, being my own boss. Doing things because I want to do them, when I want to do them. For me, this is why I figured out, I have to work, and make money because money enables me to buy my freedom. I know you like that too.


First things first; let me now take you back to a lesson I learned in my first year at university and which has kept me above ground. I may not be very wealthy yet, but I’m on that path, and yes, I’m rarely desperate. One thing I have grown to love about nature is its simplicity, but annoyingly how we humans take disadvantage of our consciousness and complicate things for ourselves amazes me. For example on money, the heuristic is easy:

“You want money? Good.
Where is that money? In someone’s pocket or bank account! Good.
How can you get that money to your pocket or bank account without stealing or scamming it?
Simple: selling something. Good”

Unless you were born with a silver spoon like King Oyo, how do you expect to legally get money without selling either a good or a service?
When I figured that at university, rather than ask myself, “why is my wallet empty?” my question was always, “what can I sell to make my wallet full?”
That is when I figured out, I actually knew this lesson way back when I was in Primary three though my grandfather could not let me answer it. We would move in groups from our village in Busamali, go to Bukhabusi around River Manafwa, buy sugar cane, particularly I used to buy six canes at 300, then sell each at 100 at home and to some friends at school thereby making 600, 50% profit. Hope you are aware with 300, I would buy a chapatti and food at school, and a lot more things. My grandfather however stopped me when he heard we always had to cross a river to buy the sugar canes. He wondered what I lacked to risk so. (They never figure out what we lack…hehe)

At Mbogo mixed, I realised that students would come out of evening preps very hungry. Somehow. They did not have the wisdom to stock any eats in the evening, and so after preps, they would hunger around some eating “CP” others begging from those who had biscuits and the like. (As I said earlier, nothing degrades me like begging!) Money did not matter because there would be nothing to buy. So I decided to buy some big “mandazis” commonly called “Munno mukabi” or “kaswa” which was at 300, then I would sell it at 500 at night or even 1000 when the demand is too high. People would come looking for me from every dormitory and because I used to buy only a dozen, many times they would find when they are done. Of course I was okay with keeping it low because I knew making it very grand would attract authorities and I would be reminded of some rules and regulations which always show up when they want to net you.

When the lesson of “Selling something” was now re-echoed to me by my friend Ogilo Ojijo at university in one of his books – at a time when I was really doing bad financially, I remembered that I had just forgotten something I knew from way back; so at that time, I saved, and partnered with a friend Begumisa Isaac to put up a popcorn machine, and a “sigiri” for roasting meat “mchomo” and bananas “Amookye”
So here are two lessons from me, to you today;

  1. I have already demonstrated that the only way to make money is to sell something. Unless, you are expecting a handshake, (but even handshakes are for those who were selling something already.) Look within, look around, and ask yourself, “What can I sell?” Then once you get an answer, hit the ground, thank me later.
  2. In my write-ups above, I have not talked about the challenges I faced, for example when one time, particularly the last time, the river almost swallowed us trying to cross and get sugar cane, then on selling the “mandazi” one time my stock was stolen and I lost all my capital of 1500, and also suffered the pain of not serving my customers, and at university I did not mention how the kid we hired to do the roasting disappeared with everything! So I have not said “sell something” is just that plain and there are no challenges. No, it’s a fight for freedom, freedom to make choices, to be your own boss, to do whatever you wish. So you ask, “Easy?” I say “No sir!” “Possible?” I say, “Yes, madam.”

That noted; let me debunk another myth, on Saturday last week, I decided to join my partners at Cabral rabbit farm and do the taking of orders, and serving of rabbit meat “mchomo” to our clients at The Heights, and guess what, my usual suspicion was confirmed. There were many lessons but let me try to share the most important in my view.

a) Whenever I tell people about rabbit farming, they ask me; but where is the market for rabbits in Uganda? That question means, as a people we have not realised what has changed about business in the world. Dynamics have changed, people now, create both the product, and the market for it. Let me quote one of the entrepreneurs that I admire, the late Steve Jobs, as Taleb Nicholas explains this point in his book, “The Anti-Fragile”

“Never ask people what they want, or where they want to go, or where they think they should go, or, worse, what they think they will desire tomorrow. The strength of the computer entrepreneur Steve Jobs was precisely in distrusting market research and focus groups—those based on asking people what they want—and following his own imagination. His modus was that people don’t know what they want until you provide them with it.”

You read it!
Where was the market for Whatsapp? How would we know we needed it if we had never seen it? So, those days before I exposed myself to some facts, I used to wonder too, where is the market for rabbit meat, I no longer do, and me I had another limitation. So because I never use super glue, I would wonder, “Who buys super glue?” But check all the shops and it is stocked, who buys it?

On Saturday, when I did the serving myself, we were supposed to run from 5 Pm to 9 pm but by 7pm, all the meat had sold out. I had to apologize and explain to our clients yet we had almost doubled the stock from the previous Saturday putting in mind that all Saturdays have one common ending; shortage! So as we struggle to build more capacity at the farm so that we can easily remove hundreds of rabbits from the farm every week, I leave the challenge to you, you can decide to sell the common, usual things like I did in school, and they are many; charcoal, greens, fruits, bakery products like bread, cakes, mandazi, chapatti, greens, eggs, juice or you can even go into new territory. I’m told we have people in Uganda selling tortoise soup and crocodile meat very expensively! Who buys it you wonder? Sell any of those, and use your education to do it better than the folks already. At the rabbit farm, we are very scientific, digital and formal thanks to our education.

Aside Note.

I will never harass waiters and waitresses who delay to serve me again after Saturday. Just so you know it is not easy either, remembering all orders was hard for me, so next time we have developed a better way to note orders, at a certain point I had over 12 orders in my head, and also since the orders tend to flow in in throngs, we have to come earlier than we have been doing prepare as much meat as possible so we are not overwhelmed, and yes, if me, a former Guild President, national students’ President, lawyer, Masters student, author with at least over 10,000 people referring to me as “Your Excellency” can serve rabbit meat, what are you waiting for my dear friend to fold your sleeves and do something?

-See you at the Top!