The Police must respect constitutional rights to demonstrate, city lawyers have said.
The youth have planned a march against corruption for July 23, which the police have vowed to crush with the government also warning the organisers not to dare.
But lawyers led by Eron Kiiza, Phillip Karugaba, Jude Byamukama, Anthony Odur, Lillian Drabo, Stephen Kalali, Julius Warugaba, Sarah Kihika and Peter Arinaitwe say stopping a peaceful protest is against the freedom to assemble.
The demonstration, planned to protest against widespread corruption, has faced opposition from the police, who cite potential disruptions to public order.
However, this stance according to city lawyers contradicts the Constitutionally guaranteed right to peaceful assembly and demonstration under Article 29(1)d.
The Constitutional Court of Uganda has consistently ruled that the police's role in managing demonstrations is regulatory, not prohibitive.
In Constitutional Petition No. 09 of 2005, the court emphasized that "police powers over demonstrations are regulatory and not prohibitive."
The court highlighted that a democratic society must tolerate some level of disruption to ensure freedom of expression, especially political expression.
This decision underscores that the police cannot outright ban demonstrations but can regulate them to ensure they are peaceful.
Furthermore, the court's stance in Human Rights Network Uganda, DENIVA, FIDA, MP Muwanga Kivumbi an Bishop Zac Niringiye vs Attorney General, reinforced the right to demonstrate.
The court struck down sections of the Public Order Management Act that gave the police discretionary powers to stop or restrict public meetings.
This decision reiterated that the police do not have the authority to stop public gatherings based on the potential for breaches of peace.
President Museveni's subtle disapproval of the intended demonstration also raises concerns.
The Judiciary's call for adherence to constitutional principles is clear.
Justice Egonda Ntende once noted, "Our government is the potent omnipresent teacher. For good or ill, it teaches the whole people by example... If the government becomes a lawbreaker, it breeds contempt for the law, it invites every man to become a law unto himself, it invites anarchy."
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The police's duty is to facilitate peaceful protests, ensuring that they are not hijacked by elements seeking to cause disorder.
The upcoming demonstration should be allowed to proceed, with the police regulating it to maintain peace.
Respect for the law and court decisions is paramount in upholding democratic rights or else we shall not hesitate to take on personally all officers for contempt of court who shall be involved in the unconstitutional/illegal prohibition of peaceful assembly.
