Ugandan Law Research Articles

Using the Right to Health to Advance Equitable Universal Health Coverage in Uganda's National Health Insurance Scheme Bill

In 2019, the Ugandan government issued the National Health Insurance Scheme (NHIS) Bill to promote more equitable access to health care, passing this Bill in March 2021. While the NHIS marks a significant step towards equitable reform of the health system, it also raised concerns about its impact on equity and the right to health. This article considers the extent to which the proposed 2019 Bill is in line with the right to health in international and Ugandan law, and offers recommendations to strengthen the foundation it sets for future and more equitable health policy.

Presumption of Marriage in Uganda

Abstract Case law, amongst other sources, shows that many people in Uganda are living together as husband and wife although they are not married. Unlike legislation in other African countries such as Tanzania and Malawi, in Uganda, the pieces of legislation governing marriages are silent on the issue of presumption of marriage. Likewise, unlike in Kenya and South Africa where legislation does not provide for presumption of marriage but courts have held that such a presumption exists based on long cohabitation, Ugandan courts, the High Court, and the Court of Appeal, have held that Ugandan law does not recognise marriage based on long cohabitation (marriage by repute). However, courts will presume the existence of a marriage where a marriage ceremony took place. Since 2003, attempts to enact legislation to provide for the presumption of marriage in Uganda have not been successful. In this article, the author argues that there is still room for the Supreme Court to hold, on the basis of common law, that Ugandan law recognises the principle of presumption of marriage. This recognition would also be in line with Uganda’s international law obligation as the Committee on the Elimination of Discrimination against Women has called upon States Parties to CEDAW to enact legislation giving effect to de facto unions. The author relies on case law and legislation from some African countries to suggest ways in which the Supreme Court could deal with the issue of presumption of marriage.

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.

Conflict resolution as cultural brokerage: how refugee leaders mediate disputes in Uganda’s refugee settlements

Abstract Looking through the lens of disputes and their resolution, this article examines the efforts undertaken by refugees to guarantee peaceful coexistence within and around settlements in northern Uganda. Based on extensive fieldwork, we examine which disputes occur within and around the settlements and which actors intervene to mediate and solve them. We identify a hierarchy among the different formal and informal actors involved in the resolution of disputes and show how refugee leaders operate as brokers between Ugandan law and South-Sudanese customs, between here and there, a recent past and imagined future in the home country. This finding comes to clarify the process of local integration, by foregrounding the link between law and culture. Some of the dispute-settlement outcomes facilitate the refugees’ integration into Uganda as a host country, while other resolution strategies are geared towards a long-awaited return to South-Sudan.

The Crime of Attempted Suicide in Uganda: The Need for Reforms to the Law

Much has been written on the subject of suicide in Uganda, in particular the need to decriminalise it. However, very little is devoted to the issue of whether, in the first place, this offence is grounded in the principles of criminal law. In addition, hardly any literature is devoted to the exploration of defences capable of being relied on to ensure that when persons who attempt suicide are charged, due regard is given to the mental health issues surrounding their conduct. The purpose of this article is twofold. First, to demonstrate that the offence of attempted suicide under Ugandan law lacks foundation in the principles of criminal law. This conclusion is based on the fact that the offence of suicide is not proscribed under Uganda’s laws; therefore, the conduct of attempting to commit suicide cannot constitute an offence. Secondly, to argue that the defence of insanity in Uganda, if widened, could found a basis for persons who attempt suicide to be acquitted by reason of mental illness.

Comparing Discourse to Officer Perceptions: The Problems of War and Militarization in Wildlife Crime Enforcement

‘War’ has become a common model and metaphor for biodiversity conservation in Africa. By discussing the specific challenges of wildlife crime enforcement in Uganda, this article challenges the ‘war on wildlife crime’ discourse. It concludes that in the context of Uganda, the discourse is profoundly unhelpful because of a lack of alignment between the problems highlighted by Ugandan law enforcement officers interviewed and the solutions typically favoured in the ‘wars on crime’. Most wildlife crimes are subsistence-driven and interviewees’ requests are for basic equipment and conventional capacity building. Findings demonstrate that the language of war, militarization and securitization should be used with caution as it risks constructing an image of wildlife crime that is misleading—and one that prevents responses that are effective in the long term.

Lectures from the Future: Placing Moot Court in the Ugandan Law School Experience

This paper explores moot court and its place in the Ugandan Law School experience. Starting off with a general description of Uganda’s legal education structures, it proceeds to underscore the merits, successes and challenges for the practice of moot court in Uganda. Above all, this piece gives a voice to the embryonic potential of moot court to prepare its participants for what the future holds.

Ghosts and the Law

Ugandan law has long been haunted by ghosts. They come in many varied shapes and sizes — as the Common Law itself, as the Doctrine of Precedent and even in the manner, dress, deportment and language of our courts. All these are the ‘Ghosts of History Past, Present and Future.’ In the arena of Constitutional Law and governance the ghost appears in the form of the Political Question Doctrine (PQD), a concept most associated with the 1966 High Court decision, Uganda v. Commissioner of Prisons, ex parte Matovu. But as with all spiritual beings — such as the Roman God, Janus — there are two sides to the case. In other words, there are not just one but (at least) two ghosts of ex parte Matovu. There is the backward-looking one which supported the extra-constitutional overthrow of government in 1966 and paved the way for military dictatorship, judicial restraint and conservatism. And in the same case, there is its reverse which “jettisoned formalism” to the winds, overruled legal “technicalities,” and underlined the need for the protection of fundamental human rights. The jettisoning formalism decision eventually opened the way to a robust and growing industry of Public Interest Litigation (PIL) in Uganda. As we celebrate 20 years of the 1995 Constitution and approach the 50th anniversary of the decision in the case, it is the most appropriate time to look back and consider which of the ghosts of ex parte Matovu has been most successful in influencing the Ugandan body politic. What does the future portend for the life of these fraternal twins?

The discourses on induced abortion in Ugandan daily newspapers: a discourse analysis.

BackgroundUgandan law prohibits abortion under all circumstances except where there is a risk for the woman’s life. However, it has been estimated that over 250 000 illegal abortions are being performed in the country yearly. Many of these abortions are carried out under unsafe conditions, being one of the most common reasons behind the nearly 5000 maternal deaths per year in Uganda. Little research has been conducted in relation to societal views on abortion within the Ugandan society. This study aims to analyze the discourse on abortion as expressed in the two main daily Ugandan newspapers.MethodThe conceptual content of 59 articles on abortion between years 2006–2012, from the two main daily English-speaking newspapers in Uganda, was studied using principles from critical discourse analysis.ResultsA religious discourse and a human rights discourse, together with medical and legal sub discourses frame the subject of abortion in Uganda, with consequences for who is portrayed as a victim and who is to blame for abortions taking place. It shows the strong presence of the Catholic Church within the medial debate on abortion. The results also demonstrate the absence of medial statements related to abortion made by political stakeholders.ConclusionsThe Catholic Church has a strong position within the Ugandan society and their stance on abortion tends to have great influence on the way other actors and their activities are presented within the media, as well as how stakeholders choose to convey their message, or choose not to publicly debate the issue in question at all. To decrease the number of maternal deaths, we highlight the need for a more inclusive and varied debate that problematizes the current situation, especially from a gender perspective.

Making Unjust Law: The Parliament of Uganda and the Anti-Homosexuality Act 2014

This article provides a critical analysis of the Anti-Homosexuality Act (AHA) 2014 and the process by which it was enacted by the Parliament of Uganda. Drawing on Hansard (the Official Report), as well as other parliamentary documents, I examine how the legislation was shaped and formed during its parliamentary passage. I argue that, as a result of flawed scrutiny and insufficient debate, as well as procedural irregularities, Parliament enacted a statute that is not only unjust but also often ambiguous, incoherent or redundant in the context of Ugandan law. I conclude by suggesting that close scrutiny of the parliamentary process can provide a means of questioning and challenging the legitimacy of the legislation and the Parliament that made it. This is important in light of the nullification of the AHA 2014 by the Constitutional Court of Uganda and the strong potential for parliamentary supporters of the legislation to seek to revive or re-enact it in the future.

Migration and Wealth Accumulation in Uganda

This paper examines the causes and effects of migration in Uganda. It is the first to do so using household level data. The data are unusually detailed, chronicling the movements of household heads from birth to time of enumeration. Using Poisson regression analysis, we are able to investigate the characteristics that influence the number of moves undertaken by the household head. Using the Poisson results, we find that more moves in search of employment lead to less wealth accumulation. Although this result appears to be counterintuitive, it supports theories of migration in less developed countries. We also find that households headed by men are in general less likely to move than those headed by women, which could reflect differential ownership rights implicit in Ugandan law. This finding is reversed, however, when moves are limited to those in search of employment. This suggests that men, being the primary providers when they are the household head, are likely to move more in search of employment.