Interpreting the human right to water as a means to advance its enforcement in Uganda

Abstract

The water supply and mechanisms for the delivery of water currently available to improve access to water for citizens remain a challenge for many African states. In Uganda, although executive policy has made some progress in alleviating the various impediments to enjoying access to water, these impediments have not been completely removed. Evidence from other jurisdictions has shown that the judicial interpretation of socioeconomic rights may go a long way to crystallise the exact nature and scope of these rights and, thus, contribute to removing barriers to the enjoyment of these rights. The article explores the manner in which the right to water currently is spelt out in Uganda's Constitution. The article explores how the Constitutional and Supreme Courts of Uganda have used interpretive paradigms as a strategy to better articulate other constitutional socio-economic rights. The article finds that a teleological approach to interpreting socio-economic rights has not been utilised fully by Ugandan courts. It proposes that, if such an expansive approach to the interpretation of implicitly-protected human rights is adopted, it may enhance current conceptualisations and ultimately improve citizens' enjoyment of the right to water.