Arusha, Tanzania: The Uganda Law Society (ULS) has dragged the Government of Uganda to the East African Court of Justice, challenging the indefinite suspension of several civil society organisations.
The lawyers’ body argues that the suspension of the NGOs was unlawful and unfair, saying the organisations were never given prior notice or a chance to defend themselves before the decision was taken.
The development comes nearly two months after the National Bureau for Non-Governmental Organisations (NGO Bureau) suspended the operations of several rights-based organisations over allegations that they were engaged in activities “prejudicial to the security and laws of Uganda.”
Among the affected organisations are Chapter Four Uganda, African Centre for Media Excellence, Alliance for Finance Monitoring, Human Rights Network for Journalists and the Uganda National NGO Forum.
Others include the Centre for Constitutional Governance, National Coalition of Human Rights Defenders, Network of Public Interest Lawyers, African Centre for Treatment and Rehabilitation of Torture Victims, and Agora Centre for Research. The NGO Bureau also worked in liaison with the Uganda Bankers Association to halt financial transactions of the affected organisations, effectively paralysing their operations.
The Uganda Law Society says such a decision left many NGOs unable to operate, affecting thousands of employees and programmes supporting vulnerable communities across the country.
In the case filed before the regional court on March 06, the lawyers’ body argues that the government’s actions violated the East African Community Treaty, which requires partner states to uphold the principles of good governance, democracy, rule of law and protection of human rights.
ULS also contends that the suspension undermines constitutional rights under Uganda’s 1995 Constitution, including freedom of association and the right to a fair hearing.
“The decision to indefinitely suspend the NGOs was made without giving notice, specifying any offences or granting the affected organisations an opportunity to be heard,” part of the court filing reads.
Orders sought
In its case before the regional court, the Uganda Law Society is asking the judges to declare the government’s decision illegal and void. The lawyers also want the court to order the government to lift the suspension of all affected NGOs and stop enforcing the directive that halted their operations.
Additionally, ULS is seeking an order directing the government to respect regional law, Uganda’s Constitution and international human rights standards, particularly those protecting the right of organisations to operate freely.
The lawyers’ body is also asking the court to award legal costs against the government.
According to court documents seen by DailyExpress, the Attorney General of Uganda has been given 45 days to file a response to the case. If no response is filed within that period, the court may proceed to hear and determine the case in the absence of the government’s defence.
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