Augmenting the Struggle for Gender Equality in Uganda: A Case for the Domestication of International Human Rights Standards

Abstract

This article critically examines the extent to which States have respected the right to gender equality both in theory and practice, using Uganda as a case study. This is accomplished through a critical examination of the Convention on the Elimination of All Forms Discrimination Against Women (CEDAW) of 1980 and the degree to which its obligations have been met in Uganda. The article also draws on the equality jurisprudence engendered by the UN Human Rights Committee established under the International Covenant on Civil and Political Rights of 1966. The article argues that while there is a general acceptance of the universality of human rights among States, and the primacy of the notion of nondiscrimination on any ground, including sex, women continue to suffer discrimination in almost all spheres of human existence. The article therefore centers on how best to address the plight of women who continue to suffer oppression both in private and public spheres. The article suggests ways to address the plight of women, particularly through the domestication of international human rights standards. The article argues that the international community must make a concerted effort to ensure that States do not merely ratify treaties in theory alone, but must translate them into practice within their domestic systems where they have meaning in people's lives. Uganda's Constitution of 1995 generally ushers in a progressive gender equality jurisprudence. However, the rest of Uganda's legal system is still littered with draconian and repugnant legislation and customary and religious laws and practices antithetical to gender equality. So far no one has relied on the Constitution's general guarantee of equality to impugn antithetical legislation and practices, and the Constitution generally remains without interpretation or construction. Uganda urgently needs to domesticate international human rights standards on gender equality particularly those enshrined in CEDAW. The Constitution's general guarantee of gender equality can be enriched by the domestication of the comprehensive provisions of CEDAW. Uganda also urgently needs to bring reforms in all areas of law and practices that oppress women. The Primary objective of CEDAW is an obligation of means and results: States must reform their laws, and implement programmes to eliminate all forms discrimination against women by both State and non-State actors. Under CEDAW, law reforms and other programmes must include affirmative action to ensure substantive equality of women.