Human Rights In Uganda Research Articles

The Potential Impacts of the East African Crude Oil Pipeline (EACOP) on Human Rights in Uganda

The Potential Impacts of the East African Crude Oil Pipeline (EACOP) on Human Rights in Uganda

Assessing the Effectiveness of the Uganda Human Rights Commission vis-à-vis the Paris Principles Relating to the Status of National Human Rights Institutions

The Paris Principles relating to the status of national human rights institutions set universally acknowledged standards for assessing the effectiveness of a domestic national human rights institution. However, it is often the case for these institutions to formally conform to the principles but remain ineffective. The article examines the Uganda Human Rights Commission, which enjoys ‘A’ status for its compliance with the Paris Principles parameters and discovered that, notwithstanding the compliance, the effectiveness of a national human rights institution could be hampered in practice. The article argues that proper assessment of the effectiveness of a domestic institution should transcend formal and structural compliance with the Paris Principles and examine the practical manifestation of those standards in the institution's operation. The institutions can be rendered ineffective by the appointment of unqualified members, lack of diversity and pluralism, inadequate funding and facilities, unnecessary bureaucratic bottlenecks, binding incompatible instruments and non-compliance with decisions.

SURVEY ON THE STATE OF DIGITAL HUMAN RIGHTS MANAGEMENT AND INTERNET USE IN UGANDA

There is tremendous increase in the use of Internet across the world including Uganda. Freedom of internet use including documentation of rights violation has been done in Uganda, defending the rights of victims has been low because the existing legal framework and new policies limiting internet access, free speech have further suffocated them. The paper presents results from a study conducted using mixed methods approach on the digital human rights in Uganda. Data collection (qualitative and quantitative) techniques applied and followed by a rigorous systematic scientific inquiry along the processes of; facts determination, analysis and reporting. The aim of the study was to explore the uncertainties in the policies that limit the use of internet and digital human rights enjoyment. Of the 525 target respondents, 547 participated in the study with; 451 citizens, 17 media, 41 state actors, 17 special interest groups, 9 women rights activists and 12 others. Furthermore, the results showed that the factors hindering the enjoyment of digital rights and internet freedoms include government failure to monitor set policies, failure to sensitize people on digital rights, limited knowledge on existence of digital rights, high charges on using social media and gender inequality.

The Ugandan Human Rights (Enforcement) Act of 2019: Addressing Some of the Likely Challenges to its Implementation

Abstract Article 50(4) of the Constitution provides that ‘Parliament shall make laws for the enforcement of the rights and freedoms under this Chapter [the Bill of Rights].’ In January 2019, the Ugandan Parliament passed the Human Rights (Enforcement) Act to give effect to Article 50(4) of the Constitution. The Act was assented to by the president in March 2019. This Act has the potential to revolutionize the protection of human rights in many ways such as holding public officials accountable for human rights violations; compensating victims of human rights violations; criminalizing the violation of human rights; and requiring courts to nullify trials if a non-derogable right of the accused has been violated. It also stipulates the time within which a victim of a human rights violation has to institute a claim for compensation. Cases have started to emerge from the High Court on some of these issues. The purpose of this article is to discuss the strengths and weaknesses of the relevant provisions of this Act, on the issues above, and suggest ways in which the Act can be interpreted by courts to better protect human rights in Uganda. Weakness of the Act include: failure to define some of the offences which means that people will not be prosecuted for violating some non-derogable rights; the fact that the sentence provided for in the Act is not applicable to juristic persons means that they will not be punished for violating human rights; the Act does not address the issue of costs and the danger of excluding evidence which was not obtained through violating a non-derogable. The Act would have to be amended to address these shortcomings.

Reconciling Customary Law and Cultural Practices with Human Rights in Uganda

Customary law has been part of Ugandan law for many years. Section 2 of the Local Council Courts Act, 2006 defines “customary law” to mean “the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation”. Ugandan courts have explained the relationship between customary law and other laws. In 1995, Uganda adopted a constitution that includes, among other things, a bill of rights that prohibits discriminatory and degrading laws and customs. This was informed during the making of the Constitution by the arguments of many Ugandans that discriminatory and degrading customary practices and laws should be abolished by the Constitution. In this article, the author illustrates the steps that have been taken by the drafters of the Constitution, Parliament (through legislation) and courts to outlaw discriminatory and degrading cultural practices. The author recommends ways in which some of these measures could be strengthened.

When guns govern public health: Examining the implications of the militarised COVID-19 pandemic response for democratisation and human rights in Uganda

The article is premised on the hypothesis that the Uganda Peoples' Defence Force (UPDF) and the attendant auxiliary forces are not an ideal force for domestic deployment in contending with public health pandemics such as COVID-19. The UPDF has been the main architectural tool that has been deployed by the National Resistance Movement party, a former guerilla movement, to perpetuate militarisation in the country for the past 30 years. The conduct, power, authority and prominent position accorded to the UPDF in the management of COVID-19 and the enforcement of the prevention measures laid bare this reality. Thus, unlike in other jurisdictions where the militaries were deployed because of their superior capability to adapt and provide extra and immediate professional services to support the civilian authorities, in Uganda this deployment was different. It was informed by the long-held and widely-documented belief by the President of Uganda, Museveni, that the UPDF, which developed from his personal guerrilla army of the National Resistance Army (NRA), only holds a legitimate vision for the country and is far more reliable. The COVID-19 pandemic, therefore, was an opportunity to continue the deliberate build-up and normalisation of the infiltration of the military in what have hitherto been spheres of operation for the civil and public servants. Thus, a critical question arises as to whether the primary motivation factor for the UPDF deployment was political, to accentuate the presidency of Museveni in power through militarisation. The question is also whether any positive harvests from the deployment of the military in the fight against COVID-19 were unintended consequences and, if they did materialise, how they were used to further glorify the centrality of the military in dealing with societal crises, further entrenching militarism. The article concludes with some recommendations emphasising the need for accountability - more so, parliamentary oversight in the deployment of the military in such situations to counter a breach of rights and freedoms. Additionally, this would check the current trend of the executive having the exclusive power to deploy the military, making it susceptible to hijacking and eventual politicisation and militarisation.

Towards universal coverage-highlights from the 2nd Uganda Conference on Cancer and Palliative Care, 5-6 September 2019, Kampala, Uganda.

The 2nd Uganda Conference on Cancer and Palliative Care was held in September 2019 in Kampala, Uganda under the theme: Towards Universal Coverage. It was hosted by the Uganda Cancer Institute and the Palliative Care Association of Uganda (PCAU). The conference brought together 350 delegates from eight countries. Key themes from the conference included: universal health coverage (UHC), service provision and public health; resources for achieving UHC; capacity building; human rights and engagement on the implementation of the recommendations made by the Uganda Human Rights Commission; provision of cancer and palliative care to ‘hard to reach’ and ‘vulnerable’ groups; paediatrics; health promotion and prevention; policy and advocacy and digital technology. The conference also gave opportunity to celebrate the 20th Anniversary of the work of PCAU, with a celebration dinner attended by the Minister of Health. The past few years have seen significant developments in both cancer and palliative care in Uganda, and this was evident in the presentations, and the way that provision has changed and improved since the first cancer and palliative care conference in 2017. Emphasis on UHC, along with the support of government and other stakeholders, is important in the ongoing development of cancer and palliative care services in Uganda.

The (Non) Enforcement of the Right to a Fair Trial with Regard to the Admissibility of Evidence Obtained through Human Rights Violations: A Comment on Uganda's Human Rights (Enforcement) Act 2019

The enactment of the Human Rights (Enforcement) Act comes at a time when the Constitution of the Republic of Uganda 1995 and national legislation remain silent on the issue of dealing with evidence obtained through human rights violations. The exception is in the Prohibition and Prevention of Torture Act of 2012 that deals with the admissibility of evidence obtained through torture and cruel, inhuman and degrading treatment. This lack of clarity has been exacerbated by the limited scope in the decisions handed down by courts. This comment argues that the new law does not effectively deal with the enforcement of an accused's right to a fair trial due to lack of a statutory provision to deal with evidence obtained through human rights violations. To substantiate this position, the comment provides the current position of the law on evidence obtained through human rights violations. This is followed by an evaluation of the relevant provisions of the new law. Finally, proposals on the way forward are offered.

Realization of the right to adequate food and the nutritional status of land evictees: a case for mothers/caregivers and their children in rural Central Uganda

BackgroundIn developing countries like Uganda, the human right to adequate food (RtAF) is inextricably linked to access to land for households to feed themselves directly through production or means for its procurement. Whether RtAF is enjoyed among Ugandan land evictees, is unknown. We therefore explored this among land evictees (rights-holders) in Wakiso and Mpigi districts in rural Central Uganda. We assessed food accessibility and related coping strategies, diet quality and nutritional status of children 6–59 months old, and their caregivers. Effectiveness of the complaint and redress mechanisms in addressing RtAF violations was also explored.MethodsIn this cross-sectional study, quantitative data was collected using a structured questionnaire, with food security and nutritional assessment methods from a total of 215 land evictees including 187 children aged 6–59 months. Qualitative data was collected by reviewing selected national and international documents on the RtAF and key informant interviews with 15 purposively sampled duty-bearers. These included individuals or representatives of the Uganda Human Rights Commission, Resident District Commissioner, Sub-county Chiefs, and local Council leaders.ResultsWe found that 78% of land evictees had insufficient access to food while 69.4% had consumed a less diversified diet. A majority of evictees (85.2%) relied on borrowing food or help from others to cope with food shortages. Of the 187 children assessed, 9.6% were wasted, 18.2% were underweight and 34.2% were stunted. Small, but significant associations, were found between food accessibility, diet quality, food insecurity coping strategies; and the nutritional status of evictees. We observed that administrative, quasi-judicial and judicial mechanisms to provide adequate legal remedies regarding violations of the RtAF among evictees in Uganda are in place, but not effective in doing so.ConclusionLand eviction without adequate legal remedies is a contributor to food insecurity and undernutrition in rural Central Uganda. It is essential that the Government strengthens and enforces the policy and legal environment to ensure adequate and timely compensation of evictees in order to reduce their vulnerability to food insecurity.

Implementing legal accountability to reduce maternal mortality and morbidity in Uganda

Accountability is a vital human rights principle to address preventable maternal morbidity and mortality in Uganda. The continuous use of 'accountability' as a term without elaborating on it gets in the way of using its underlying principles to improve laws and policies. The implementation of legal accountability requires creating avenues through which women whose maternal health rights have been violated may access legal remedies. The existence of adequate legal remedies is vital not only for redressing violations of rights but also for identifying and proposing strategies towards addressing the bottlenecks in health systems. Courts of law are principal judicial mechanisms and, therefore, it is incumbent upon courts to expand rather than limit maternal health-related rights. The Uganda Human Rights Commission is another body which is empowered with a protective and promotional mandate that should be used to promote and protect reproductive health rights. It is further emphasised that accountability is not a tool to be understood and interpreted only by legal practitioners. Rather, various forms of accountability, including social and administrative forms, are vital for complementing legal accountability in reducing preventable maternal mortality and morbidity.

The Problem with Freedom: Homosexuality and Human Rights in Uganda

The recent backlash against homosexuality in Uganda, culminating in the introduction of the 2009 Anti-Homosexuality Bill, has focused tremendous attention on the role religious activists have played in shaping Ugandan attitudes about sexuality. Drawing on long-term fieldwork among the Ugandan born-again Christians at the center of this controversy, I argue that anti-homosexual rhetoric is animated by something more than a parroting of American homophobia. Rather, it reflects a tension between two divergent frameworks for ethical personhood in Uganda, one related to the Ganda value of ekitiibwa or “respect/honor,” and the other based in a discourse of rights, autonomy, and “freedom.” The born-again rejection of a rights-based discourse is analyzed in relation to broader anxieties generated by a neoliberal emphasis on the autonomous, “empowered” individual during a period of growing inequality and economic and political dissatisfaction in Uganda.

Locating Neocolonialism, “Tradition,” and Human Rights in Uganda's “Gay Death Penalty”

Abstract:In 2009, the Anti-Homosexuality Bill introduced in Uganda's Parliament reignited homophobic sentiment across Africa. Despite a well-documented history of sexual diversity in Africa, claims that homosexuality is “un-African” are being used to justify violence and exclusion. This article, based primarily on a discursive analysis of public media sources, delves into various cultural logics that reveal the tensions and contradictions in Ugandans' widespread opposition to homosexuality. U.S. evangelical influence, postcolonial amnesia in regard to “tradition,” fertility concerns, and human rights exceptionalism drive this moral panic over issues of sexual diversity. Such sentiments must be addressed by confronting neocolonial religious influence and cultivating renewed respect for human rights and Africa's history of sexual diversity.

Roles and capacity of duty bearers in the realization of the human right to adequate food in Uganda

The right to adequate food recognised under international law provides a strong foundation for eradicating hunger and malnutrition in all nations. Uganda ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1987 and thereby committed itself to ensure the realization of the right to adequate food recognised under Article 11 of the Covenant. This study analysed the roles and capacity of duty bearers in the realization of the right to adequate food in Uganda. Structured interviews were held with purposefully selected duty bearers from 11 districts in the country between February and July 2007. Districts were selected by criterion based sampling. Relevant policies, budgets, and legislation were also reviewed, particularly with state obligations on human rights, and capacity of duty bearers in mind. Although this right is expressly recognised in the Food and Nutrition Policy of 2003 in which a multi-sectoral approach is proposed, sector-specific roles are not explicitly defined in Uganda’s institutional and policy framework. Most duty bearer (63%) considered the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) as being responsible for the delays in implementing the relevant actions for the right to food. The Uganda Human Rights Commission (UHRC) reported receiving inadequate budget resources to support the right to food. Only 20% of duty bearers had knowledge of the General Comment 12, which is an important United Nations instrument that defines and elaborates on the human right to adequate food. Duty bearer’s knowledge of the right to food in the national Constitution had a significant (X2 = 0.003; P<0.05) positive correlation (R=0.283) with membership status to an ad hoc Uganda Food and Nutrition Council (UFNC). A proposed Food and Nutrition Bill had taken over 10 years without being presented to the National Parliament for the process of enactment into law. As such, most of the support for this right came from development partners. Whereas the ministry of health and MAAIF are line ministries in the implementation of food and nutrition policy, the right to food roles of the various duty bearers in Uganda need to be well defined. Capacity development is also needed, particularly related to integrating right to food sector-specific roles into the theoretical development and practical implementation of food and nutrition security programmes at all levels in the country.

Polygamy in the Domestic Relations Bill 2003: A Barrier to the Women’s Human Rights in Uganda?

The paper discusses the Domestic Relations Bill which provides for equal rights between men and the women during marriage and its dissolution. The paper analyses the practice of polygamy which this Bill seeks to legitimize in support of the religious and cultural practices of the people of Uganda. This article examines the impact of polygamy on the women's rights in Uganda and also analyses the issue of cultural relativism and universalism in relation to the protection of the rights to religion and culture, against the right to equality.

The Protection of Human Rights in Uganda: Public Awareness and Perceptions

AbstractThis article analyzes the results of a research study in Uganda aimed at determining the level of public awareness and the perceptions regarding the protection and enjoyment of such rights. The survey sought information on public knowledge or awareness of the bill of rights, violation or protection of various types of rights, and awareness and perceptions regarding human rights institutions. It was found that although human rights violations still abound in Uganda, there is a high level of public awareness of the Constitution and the human rights it contains, that human rights violations take place more in the rural areas than in urban areas and that Ugandans blame the government for most of these human rights violations. The article concludes that there are still several challenges facing the promotion and protection of human rights in Uganda and that any attempts to address these challenges must take advantage of the opportunities offered by the constitutional framework.

The Domestic Protection and Promotion of Human Rights under the 1995 Ugandan Constitution

This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.

New Human Rights Commission in Uganda

The Constitution of Uganda was adopted on 22 September, 1995, and full details of the document will appear in the next issue of the J.A.L. One of the most interesting institutions established is the Uganda Human Rights Commission. Composed of a Chairperson, who must be a judge of the High Court or qualified to hold that office, and not less than three other persons, the Commission will have wide-ranging investigative and promotional functions. However, it is the enforcement powers of the Commission that are unusual. Traditionally, national institutions (offices of the ombudsman and human rights commissions) have no enforcement powers and can only recommend corrective action. In recent years these powers have been enlarged. For example, in Ghana the Commissioner on Human Rights and Administrative Justice has the power to bring proceedings in a competent court for a remedy “to secure the termination of the offending action or conduct” (article 218(d)(iii) Constitution of Ghana).

Commonwealth Africa Human Rights Conference

The first Commonwealth Africa Human Rights Conference (CAHRC) took place in Harare, Zimbabwe between 11–14 October 1991 and immediately preceded the Commonwealth Heads of Government Meeting (CHOGM). Organized by three local non-governmental organizations, it brought together participants from 14 Commonwealth African nations together with South Africa. NGOs represented included the African Centre for Democracy and Human Rights Studies (The Gambia); Kituo Cha Sheria (Kenya); the Civil Liberties Organization (Nigeria); the Legal Assistance Centre (Namibia); the Legal Resources Centre (South Africa); Uganda Human Rights Activists; and Women in Law and Development in Africa (Mauritius and Tanzania). The conference was informed that one Nigerian participant, Femi Falana, the President of the National Association of Democratic Lawyers, was prevented by his government from leaving Nigeria. Participants unanimously condemned this action and a communication to this effect was sent to the Nigerian Head of State who was attending CHOGM.

The context of human rights in Uganda today

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