Giving a keynote address at the launch of the special issue journal on Covid-19 and freedom of expression, assembly and access to information by Human Rights and Peace Center (HURIPEC) in Kampala on Tuesday, Justice Owinyi- Dollo urged Ugandans to prioritise saving lives ahead of the rights to expression, assembly and accessing information.
The Chief
Justice Alfonse Owiny-Dollo has called for discussion on the ongoing
enforces of the COVID-19 guidelines and restrictions by government agencies. According
to Justice, Owinyi- Dollo, the freedom to enjoy life takes precedence over
other freedoms and civil liberties.
Giving a keynote address at the launch of the special issue journal on Covid-19
and freedom of expression, assembly and access to information by Human Rights
and Peace Center (HURIPEC) in Kampala on Tuesday, Justice Owiny- Dollo urged
Ugandans to prioritise saving lives ahead of the rights to expression, assembly
and accessing information.
The journal
is a critical assessment of the state of freedom of expression, assembly and
access to information in the East African region in the face of the COVID-19
pandemic. The chief Justice conceded that freedom of expression and assembly
are fundamental human rights as stated in article 19 of the universal declaration
of human rights and the constitution, adding that free speech is an enabler of
the enjoyment of other rights such as the right to vote.
He observed
that COVID-19 restrictions have however led to growing tension between the
protection of public health and protection of civil liberties and broader
access to justice and rule of law. He
however, noted that freedoms are not absolute and a pandemic like COVID-19
necessitates restrictions on rights.
“There comes a time when restrictions have to be imposed and I would argue that
in this instance, we must place restrictions on the freedom of expression. It
doesn’t matter if it is declared by one person as a decree or whether all the
people of Uganda in one room and they agree on it in a referendum but our
purpose is to save lives,” he said.
The Chief
Justice argued that the discussion must shift towards the manner, in which the
states have imposed the restrictions, saying he takes exception on the use of
unreasonable and disproportionate force by security forces in enforcing the
restrictions.
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Justice Owiny- Dollo was responding to a presentation by Dr, Zahara Nampewo, the Director HURIPEC
School of law Makerere University who noted that several countries in the
region including Uganda are infringing on fundamental rights under the guise of
enforcing Covid19 guidelines.