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Ahead of the world’s commemoration of the December 10, 2023’s 75th anniversary of the Universal Declaration of Human Rights (UDHR)⏤ the landmark document enshrining human rights and fundamental freedoms for all individuals, the U.S. Department of the Treasury (Treasury) has imposed sanctions on 20 individuals from 9 countries over what it says are human rights abuses.
Including Uganda, the other countries are the Central African Republic, the Democratic Republic of Congo (DRC), Haiti, Iran, Liberia, the People’s Republic of China and South Sudan.
In Uganda, the U.S. has sanctioned Johnson Byabashaija, the Commissioner General of the Uganda Prisons Service (UPS) since 2005.
“During that period, members of the UPS have engaged in torture and other serious human rights abuse against prisoners held within UPS facilities. Prisoners have reported being tortured and beaten by UPS staff and by fellow prisoners at the direction of UPS staff. Members of vulnerable groups, including government critics and members of Uganda’s LGBTQI+ community, have been beaten and held without access to legal counsel; for example, in a 2020 case, the UPS denied a group of LGBTQI+ persons access to their lawyers and members of the group reportedly endured physical abuse, including a forced anal examination and scalding,” the U.S. Treasury said in a statement.
“Byabashaija is being designated for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader’s or official’s tenure pursuant to E.O. 13818,” the statement added.
Sanctions Implications
“As a result of today’s actions, all property and interests in property of the designated persons described above that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, any entities that are owned, directly or indirectly, individually or in the aggregate, 50 per cent or more by one or more blocked persons are also blocked. Unless authorised by a general or specific license issued by OFAC, or exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons,” the statement further says.
“In addition, financial institutions and other persons that engage in certain transactions or activities with the sanctioned entities and individuals may expose themselves to sanctions or be subject to an enforcement action. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any designated person, or the receipt of any contribution or provision of funds, goods, or services from any such person,” the statement says.
The Department of the Treasury said that while the Uganda Prisons Service had attempted to implement some human rights-related measures, these measures fell short.
“Should Byabashaija implement effective measures to eliminate torture and impunity, increase independent human rights monitoring, ban forced anal examinations and other forms of abuse used to target LGBTQI+ persons and others, ensure protections for vulnerable persons and groups, and improve overall prison conditions, the Department of the Treasury will consider those to be changes of behaviour that would potentially result in his removal from the SDN List,” the statement added.
“Our commitment to upholding and defending human rights is sacrosanct,” said Secretary of the Treasury Janet L. Yellen. “Abuses of human rights and fundamental freedoms—wherever they occur in the world—strike at the heart of our shared humanity and our collective conscience. Treasury’s targeted sanctions announced today and over the past year underscore the seriousness of our commitment to promoting accountability for human rights abuse and safeguarding the U.S. financial system from those who commit these egregious acts.”
Over the past year, including the actions taken today, Treasury has designated more than 150 individuals and entities across a dozen countries for issues relating to human rights abuse.
Just 4 days ago Antony Blinken, the U.S. Secretary of State announced that after what he called “Uganda’s flawed 2021 presidential elections” the U.S State Department was undertaking a visa restriction policy targeting those believed to be responsible for, or complicit in, undermining the democratic process in Uganda”.
‘Today, I am announcing the expansion of the visa restriction policy to include current or former Ugandan officials or others who are believed to be responsible for, or complicit in, undermining the democratic process in Uganda or for policies or actions aimed at repressing members of marginalised or vulnerable populations. These groups include, but are not limited to, environmental activists, human rights defenders, journalists, LGBTQI+ persons, and civil society organisers. The immediate family members of such persons may also be subject to these restrictions,” Mr. Blinken announced.
This visa restriction policy is pursuant to Section 212(a)(3)(C) of the Immigration and Nationality Act.