Lukwago abduction sparks fresh debate on rule of law

Human rights defenders have warned that Uganda risks a further erosion of the rule of law if allegations of arbitrary arrests, unlawful detention and excessive use of force by security agencies continue unchecked.

The activists also criticised the Judiciary’s silence in the face of recurring reports of human rights violations, arguing that failure to enforce constitutional safeguards could normalise impunity and undermine public confidence in State institutions.

Their concerns follow the abduction on Monday of former Kampala Lord Mayor and senior lawyer Erias Lukwago by security personnel shortly after he participated in court proceedings linked to an application filed by Opposition politician Dr Kizza Besigye.

The criticism intensified after Chief of Defence Forces Gen Muhoozi Kainerugaba posted on social media about the abduction and later shared photographs of a person he identified as Mr Lukwago, drawing condemnation from sections of the legal fraternity and civil society.

Fear and shrinking civic space Speaking to the Daily Monitor, human rights activist Agather Atuhaire described Mr Lukwago’s abduction as a troubling indicator of what she termed a growing disregard for the rule of law and human rights protections.

She argued that the Judiciary has not done enough to hold perpetrators of rights violations accountable, punish breaches of the law or provide justice to victims of torture and unlawful detention.

‘Every Ugandan should be worried about where this country is headed. If people are continuously abducted, subjected to force and inhumane treatment because they have condemned injustice or carried out their professional duties, then we should be concerned about the future generations,’ Ms Atuhaire said.

She also urged members of the legal profession to defend constitutional rights and the independence of their profession.

‘Lawyers must rise and defend their rights while they still can. If they do not, the profession itself risks being compromised, which could open the door to even greater human rights violations,’ she said.

The Executive Director of the Foundation for Human Rights Initiative, Dr Livingstone Sewanyana (PhD), condemned Mr Lukwago’s arrest, describing it as arbitrary and reflective of broader governance concerns.

He said Uganda’s laws provide clear procedures for arrests and detention, but implementation remains inconsistent.

‘The arbitrary arrest of Erias Lukwago comes against the backdrop of several arbitrary arrests we have witnessed in recent years,’ he said.

‘The fact that we continue to witness arbitrary arrests and detentions indicates that there does not appear to be a serious commitment by the government to addressing human rights concerns.’

Dr Sewanyana questioned why institutions mandated to uphold constitutional order appear reluctant to act whenever allegations of unlawful detention arise.

‘We need lawful procedures and a sense of freedom among the population. We cannot talk about socio-economic transformation when people are living in fear,’ he said.

The Executive Director of the Centre for Constitutional Governance, Ms Sarah Bireete, called on President Museveni to uphold his constitutional responsibility to protect citizens’ rights and freedoms.

‘The President took an oath to protect the Constitution and the people of Uganda. When we continue to see allegations of abductions and torture involving security agencies, it raises questions about constitutional governance,’ Ms Bireete said.

Human rights defender Margaret Nattabi said continued arrests of activists, Opposition supporters and government critics could discourage public participation and weaken freedom of expression. She said many young people have become reluctant to engage in civic activism due to fear of repercussions.

‘We are reaching a point where public officials can violate people’s rights and many citizens feel powerless to respond. Even the freedom to speak openly is increasingly under threat,’ Ms Nattabi said.

She also criticised Gen Muhoozi’s publication of images of detained individuals on social media, citing previous cases involving National Unity Platform party president Robert Kyagulanyi, alias Bobi Wine’s wife Barbara Itungo and his bodyguard Edward Ssebuufu, also known as Eddie Mutwe.

Another human rights defender, Ms Flavia Ramto, said many Ugandans now fear speaking out against those in authority.

‘In Uganda, speaking truth to power increasingly comes with the risk of detention or mistreatment because some leaders do not welcome accountability. We would not be witnessing this if democratic principles were fully respected,’ she said.

Lawyer Eron Kiiza described Mr Lukwago’s abduction as an attack on legal practitioners and the right to legal representation.

‘The latest in a series of illegal attempts by the State to harass, intimidate and silence Dr Besigye’s lawyers is a criminalisation of professional legal work. It threatens lawyers’ liberty, dignity and ability to represent their clients,’ Mr Kiiza said.

Human rights defenders said the latest developments present a critical test for the Judiciary, Parliament and the Executive in demonstrating their commitment to constitutionalism and the protection of civil liberties.

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