The government of Uganda has objected efforts by the German envoy to write to Buganda Road Court Chief Magistrate which contravenes the diplomatic protocol.
According to letters obtained by this website, His Excellency Matthias Schauer issued a communique on January 28, to the Magistrate in respect to an invitation of Kakwenza Rukirabashaija to Germany.
The 33-year-old author and renowned government critic has been battling charges if offensive communication under the computer misuse act.
“The ministry, with deep concern, informs (the embassy) that the above-mentioned communication was in breach of article 41.1 and 41.2 of the Vienna Convention Diplomatic relations.
“The communication was not conducted through the Ministry of Foreign Affairs and its content in respect to the conduct of an ongoing case, is a clear interference in the internal affairs of Uganda and an affront to the independence of the Judiciary,” the ministry wrote in its letter to Germany’s embassy in Kampala. The letter is dated February 7, 2022.
It reiterated that the Government values its relations with Germany and remains desirous and committed to strengthening them deeper.
“However, our partnership must adhere to time honoured principles of mutual respect, non-interference and sovereignty.
“The Ministry of Foreign Affairs of the Republic of Uganda avails itself of this opportunity to renew to the Embassy of the Federal Republic of Germany in Kampala, the assurance of its highest consideration,” it stated.
Kakwenza was on January 25, released on bail by Buganda Road Chief Magistrate, Dr Douglas Singiza, after nearly a month in police detention.
On January 11, he was charged with offences related to tweets for disturbing the peace of President Yoweri Museveni and the commander of land forces, Lt Gen. Muhoozi Kainerugaba, with no purpose of legitimate communication.
Embassy confirms letter
When contacted on Tuesday, February 8, the German Embassy in Kampala told New Vision in an email that on January 28, 2022, Schauer sent a letter to Singiza, informing him that his embassy had received an invitation letter by PEN Centre Germany for Kakwenza to travel to Germany and that a visa application by the author would require the possession of a valid passport.
“Please note that this letter served only to pass on factual information to the court. It did not contain invitation by the German Government or the Embassy, neither any comment, assessment, suggestion and or request,” the embassy said.
“PEN Centre Germany is a private organisation of which Mr Kakwenza Rukirabashaija has been made an honorary member,” it added.
What invite says
In an invite to Kakwenza dated January 27, 2022, Deniz Yücel, the president of PEN Germany, said they invited him to attend in person at his official reception into their organisation as a member of honour.
“This event shall be held as soon as possible in our headquarters, located in Darmstadt, south of Frankfurt. Costs for your flight and sojourn in Germany will, of course, be covered by PEN Germany. This includes any medical attention you might require. The German Embassy to Uganda is informed of this and happy to assist with the timely issuance of the required visa,” Yucel wrote.
Kakwenza’s lawyer, Eron Kiiza said, that on January 11, 2022, his client was appointed honorary member of PEN Germany, an association of over 800 writers that campaigns for freedom of expression and upholds literature as a force of world culture at the same time.
“He won an award on January 11, which they wanted to officially recognise him for, but most importantly, he wanted to go and get medication. However, the court stopped him by refusing to release his passport,” he said.
Kakwenza was on January 11, 2022 appointed honorary member of PEN Germany “for his outstanding literary work, continuously recalling the utmost importance of freedom of expression in our days”.
Oryem speaks out
When contacted, Henry Oryem Okello, the state minister for foreign affairs, decried the practice of meddling in Uganda’s affairs by foreign missions in Kampala. He said the bodies were trying “to interfere in our internal affairs”.
In his swearing-in ceremony speech at Kololo Ceremonial Grounds in Kampala on May 12, 2021, President Yoweri Museveni said it is “quite laughable” to try to give lectures about democracy to architects of such a system.
“We built this system for our people. We neither seek nor need any approbation from anybody outside Uganda, except our peers in the AU (African Union) and NEPAD (New Partnership for Africa’s Development) to whom we are linked by African brotherhood, solidarity and shared values, based on mutual respect.
“We can also share our experience with those beyond the African shores, on the basis of mutual respect,” Museveni said.
This was after highlighting the tremendous steady progress in all sectors of the economy the country has registered under his leadership.
Request rejected
While releasing Kakwenza on a cash bail of sh500,000 and sh10m for his sureties, Singiza said he rejected his request for passport to travel to Germany in order to receive an award because, “given the planned commencement of the trial, with full disclosure already made, the award which the accused person won may be presented online or at a future date”.
“Besides, from the review of the medical reports, there is no urgent medical risk requiring urgent medical attention outside Uganda.
“Very clearly, all medical reports on record suggest that whatever medical condition that the accused person may be suffering from can sufficiently be handled in any of our numerous medical facilities in this country,” the chief magistrate ruled.
Additional reporting by the New Vision.