By Spy Uganda
In a landmark ruling on November 13, 2024, the High Court of Uganda, presided over by Hon. Justice Boniface Wamala, ruled in favor of journalists whose rights were violated during a 2021 incident involving Ugandan military personnel. The case was filed by the Uganda Journalists Association (UJA) alongside journalists Timothy Murungi and Henry Sekanjako.
The petitioners, backed by UJA, filed their case against the Attorney General, the Chief of Defence Forces, and several members of the Ugandan military, citing violations of constitutional rights under the Human Rights Enforcement Act, 2019. They argued that military personnel unlawfully obstructed the work of Murungi and Sekanjako, two journalists covering an event, allegedly subjecting them to inhumane and degrading treatment.
Their claims focused on breaches of four specific constitutional rights:
1. Freedom of the Press: The petitioners cited Article 29(1)(a) of Uganda’s Constitution, asserting that the respondents had unlawfully interfered with the journalists’ right to freely practice journalism.
2. Dignity and Freedom from Torture: Referencing Articles 24 and 44(a), the journalists claimed they had been subjected to physical and psychological mistreatment by the military, which they argued amounted to torture.
3. Freedom of Movement and Assembly: They contended that their freedom to report freely, and assemble as journalists, had been obstructed.
4. Right to Practice Profession: Article 40(2) of the Constitution protects individuals’ rights to engage in their lawful occupations, which the petitioners argued was infringed by the military’s actions.
The petitioners sought an order compelling the respondents to provide medical and psychological care for the victims, a cessation of harassment of journalists, public acknowledgement of wrongdoing, and financial compensation.
Delivering his ruling dated 13th November 2024, Justice Wamala found that the respondents, excluding the Chief of Defence Forces, were jointly liable for violations of press freedom, human dignity, and freedom from degrading treatment and as a result, the Court declared;
1. Recognition of Rights Violations: The court declared that the military’s actions had violated the applicants’ constitutional rights, affirming the right to a free press, freedom from torture, and the right to practice one’s profession without undue interference.
2. Compensation for the Affected Journalists: The court awarded UGX 75,000,000 (approximately USD 20,000) in general damages to each journalist, to be paid by the military personnel involved, excluding the Chief of Defence Forces.
3. Dismissal of Charges Against the Chief of Defence Forces: The court did not hold the Chief of Defence Forces liable, citing insufficient evidence directly linking them to the violations.
4. Orders for Public Apology and Disclosure: The ruling included an order for the respondents to issue a public apology and make a full disclosure of the events that led to the mistreatment of the journalists.
This ruling represents a significant step in defending press freedom in Uganda. It affirms that journalists cannot be intimidated or obstructed by military forces when reporting on matters of public interest. The case sets a precedent for future protections and provides a framework for holding authorities accountable for violating journalists’ rights especially ahead of the 2026 elections.
