HUMAN RIGHTS IN DOMESTIC PERSPECTIVE.

INTRODUCTION

WHAT ARE HUMAN RIGHTS?

Human rights are rights that every human being is en�tled to that are inherent and inalienable
which short of life becomes incomplete. Inherent means that everyone is en�tled to them by
virtue of being human whereas inalienable means that they should neither be taken away nor
be given away by someone who possesses them and thus they are inseparable from humans.

Human rights are universal values and legal guarantees that protect individuals and groups
against ac�ons and omissions primarily by state agents that interfere with fundamental
freedoms, en�tlements and human dignity. The full spectrum of human rights involves respect
for protec�on and fulfillment of civil, cultural, economic, poli�cal and social rights as well as the
right to development. Human rights are universal. In other words, they belong inherently to all
human beings and are interdependent and indivisible.

There is a wide spectrum of defini�ons that may portray what human rights are, for instance,
Allan S Guterman defines them as those ac�vi�es, condi�ons, and freedoms that all human
beings are en�tled to enjoy, by virtue of their humanity and regardless of their status.

The UN defines human rights as rights we have simply because we exist as human beings. In line
with the given defini�ons, we see human rights as those rights that everyone is en�tled to that
are inherent and unalienable and when short of, life is not complete.

“Human rights” are rights inherent to all human beings, regardless of our na�onality, residence,
sex, sexual orienta�on and gender iden�ty, na�onal or ethnic origin, color, religion, language or
any other status. We are all equally en�tled to our human rights without discrimina�on.

This is the modern concept of our fundamental rights but it was not always this way. The belief
that everyone, by virtue of her or his humanity, is en�tled to certain human rights is fairly new
and is something stemming from an evolu�on of the considera�on of human dignity over the
last centuries. Its roots lie in earlier tradi�on and documents of many cultures.

CLASSIFICATION OF HUMAN RIGHTS

There are many ways of classifying human rights. The more generally accepted classifica�on is
the one that categorizes human rights into three namely: first genera�on rights, Second
Genera�on rights and third genera�on rights

First Genera�on Rights

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These are also some�mes referred to as blue rights. These are the civil and poli�cal rights. The
Interna�onal covenant on civil and poli�cal rights (ICCPR) sets out these rights. These are the
rights of individuals as against the state. They are aimed at the protec�on of ci�zens against
arbitrary ac�ons of the state.

First genera�on rights include:

Rights to life, liberty, security, privacy, fair trial, equality and dignity. Right to freedom from
torture, cruel inhuman and degrading treatment or punishment, freedom from slavery and
forced labor, freedom of religion, belief and opinion, freedom of expression, freedom of-
associa�on and freedom of movement, poli�cal rights, that is, rights which guarantee individuals
the right to par�cipate in their Government.

Second Genera�on Rights

These are also referred to as Red Rights; these are the economic social and cultural rights. The
Interna�onal covenant on economic, social and cultural rights contains these rights. These rights
impose a posi�ve obliga�on on the state to provide or at least create condi�ons for access to
those facili�es which are considered essen�al for modern life. These rights include but are not
limited to;

Right to work, right to collec�ve bargaining, right to property, right to housing, right to
Educa�on, right to health care services, right to social security and the right to par�cipate in the
cultural life of one’s choice.

Third Genera�on Rights

These are also referred to as the Green rights and also solidarity rights, these are quite recent in
origin. Their emergence is linked to the rise of third world Na�onalism and the realiza�on by
developing states that the exis�ng interna�onal order prejudices them. These rights are
collec�ve in nature and depend upon interna�onal coopera�on for their achievement. These
include but are not limited to: rights to development (see the UN declara�on on the right to
development, right to peace and right to a clean environment) (see the Kyoto protocol which
sets the greenhouse emissions objec�ves). This categoriza�on is not however rigid. Some rights
could actually fall in more than one category e.g. the right to self-determina�on can be
considered as a third genera�on right as well as civil and poli�cal right.

While all rights are important, the right to life is seen as the most important and the source of
all other human rights, because without life no one can enjoy any other rights.

In the South African case of S v Makwanyane and another (1995) 6 BCLR 665 the court described
the right to life and dignity as the “most important of all human rights and the source of all
personal rights.”

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PRINCIPLES OF HUMAN RIGHTS

Human rights are universal and inalienable, indivisible, interdependent and interrelated. They
are universal because everyone is born with and possess the same rights regardless of where
they live, their gender or race, or their religions, cultural or ethnic backgrounds. Inalienable
because people’s rights cannot be taken away. Indivisible and interdependent because all rights;
poli�cal, civil, social, cultural and economic are equal in importance and none can be fully
enjoyed without the others. They apply to all equally, and all have the right to par�cipate in
decisions that affect their lives. They are upheld by the rule of law and strengthened through
legi�mate claims for duty bearers to be accountable to interna�onal standards.

Universality and inalienability:

Human rights are universal and inalienable. All people everywhere in the world are en�tled to
them. The universality of human rights is encompassed in the words of Ar�cle 1 of the Universal
Declara�on of Human Rights: “all human beings are born free and equal in dignity and rights.”

Indivisibility:

Human rights are indivisible. Whether they relate to civil, cultural or economic or social issues,
human rights are inherent to the dignity of every human person. Consequently, all human rights
have equal status, and cannot be posi�oned in hierarchical order. Denial of one right invariably
impedes enjoyment of other rights. Thus, the rights of every one to an adequate standard of
living cannot be compromised at the expense of other rights, such as the right to health or the
right to educa�on.

Interdependence and interrelatedness:

Human rights are interdependent and interrelated each one contributes to the realiza�on of a
person’s human dignity through the sa�sfac�on of his or her development: Physical,
psychological and spiritual needs. The fulfillment of one right o�en depends, wholly or in part,
on the fulfillment of others for instance, fulfillment of the right to health may depend, in certain
circumstances on fulfillment of the right to development, to educa�on or to informa�on.

Equality and nondiscrimina�on:

All individuals are equal as human beings and by virtue of the inherent dignity of each human
being. No one, therefore, should suffer discrimina�on on the basis of race, color, ethnicity,
gender, age, language, sexual orienta�on, religion, poli�cal or other opinion, na�onal, social or

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geographic origin, disability, property, birth or other status as established by human rights
standards

Par�cipa�on and inclusion:

All people have the right to par�cipate in and access informa�on rela�ng to the decision making
processes that affect their lives and wellbeing. Rights based approaches require a high degree
of par�cipa�on by communi�es, civil society, minori�es, women, young people, indigenous
people and other iden�fied groups.

Accountability and rule of law:

States and other duty bearers are answerable for the observance of human rights. In this regard,
they have to comply with the legal norms and standards enshrined in interna�onal human rights
instruments. Where they fail to do so, aggrieved rights holders are en�tled to ins�tute
proceedings for appropriate redress before a competent court or other adjudicator in
accordance with the rules and procedures provided by law. Individuals, the media, civil society
and the Interna�onal community play important roles in holding Governments accountable for
their obliga�ons to uphold human rights.

HISTORICAL EVOLUTION OF THE CONCEPT OF HUMANRIGHTS

Although ideas of rights and liberty have existed in some form for much of human history, there
is agreement that the earlier concep�ons do not closely resemble the modem concep�ons of
human rights. According to Jack Donnelly, in the ancient world, “tradi�onal socie�es typically
have had elaborate systems of du�es…concep�ons of jus�ce, poli�cal legi�macy, and human
flourishing that sought to realize human dignity flourishing or wellbeing en�rely independent of

PRECOLONIAL ERA

The origins of Human Rights are ideally pinpointed to the year 539 BC. When the troops of Cyrus
the Great conquered Babylon. Cyrus freed the slaves, declared that all people had the right to
choose their own religion, and established racial equality. These and other principles were
recorded on a baked-clay cylinder known as the Cyrus Cylinder, whose provisions served as
inspira�on for the first four Ar�cles of the Universal Declara�on of Human Rights.

Another cornerstone in Human Rights History is represented by the promulga�on of the Magna
Charta in 1215 which introduced a raw concept of “Rule of Law” and the basic idea of defined
rights and liber�es to all persons, which offers protec�on from arbitrary prosecu�on and
incarcera�on. Before the Magna Charta, the rule of law, now considered as a key principle for

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good governance in any modern democra�c society, was perceived as a divine jus�ce, solely
distributed by the monarch or the king or, in this case, King John of England.

An evolu�on of the concepts expressed by the Magna Charta is represented by the English Bill
of Rights. It was an act signed into law in 1689 by William III and Mary II, who became co-rulers
in England a�er the overthrow of King James II. The bill outlined specific cons�tu�onal and civil
rights and ul�mately gave Parliament power over the monarchy. Many experts regard the English
Bill of Rights as the primary law that set the stage for a cons�tu�onal monarchy in England. It’s
also credited as being an inspira�on for the U.S. Bill of Rights (1791).

The Declara�on of the Rights of Man and of the Ci�zen, adopted in 1789, by France’s Na�onal
Assembly, represents one of the basic charters of human liber�es, containing the principles that
inspired the French Revolu�on.

The basic value introduced by the Declara�on was that all “men are born and remain free and
equal in rights”, which were specified as the rights of liberty, private property, the inviolability of
the person, and resistance to oppression. All ci�zens were equal before the law and were to
have the right to par�cipate in legisla�on directly or indirectly; no one was to be arrested
without a judicial order. Freedom of religion and freedom of speech were safeguarded within
the bounds of public “order” and “law”. Private property was given the status of an inviolable
right, which could be taken by the state only if an indemnity were given and offices and posi�ons
were opened to all ci�zens.

It is in this historical period that the concept, mostly based on poli�cal concerns, of Civil and
Poli�cal Rights was defined. These rights, also known as first genera�on rights, recognize the
existence of certain things that the all-powerful rulers should not be able to do and that people
should have some influence over the policies affec�ng them. The two central ideas were those
of personal liberty, and of protec�ng the individuals against viola�ons by the State. They serve
nega�vely to protect the individual from excesses of the State.

The steps forward made since the �me of Cyrus were impressive, yet s�ll many of these
concepts, when originally translated into policies, excluded women, people of color, and
members of certain social, religious, economic, and poli�cal groups.

COLONIAL PERIOD (1894-1962)

During the colonial rule in Uganda, the human rights of Uganda were significantly undermined
and o�en violated by Bri�sh colonial administra�on. The colonial rule was marked by a various
forms of repression, exploita�on and discrimina�on reflec�ng broader paterns of colonialism
in Africa.

Land aliena�on and economic development

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Land depression: the colonial government expropriated large tracts of land from indigenous
communi�es to create planta�ons for cash crops such as coton, coffee and tea which were
grown primarily for export. This land aliena�on deprived many Ugandans of their ancestral land
leading to displacement and poverty. The 1900 Buganda agreement for example redistributed
land ownership in Buganda benefi�ng the colonial administra�on and local elites at the expense
of ordinary people

Forced labor: colonial administra�on imposed forced labor on Ugandans to build infrastructure
like roads and railways as well as to work on European owned planta�ons. This prac�ce known
“co-labor” was a significant viola�on of human rights as people were compelled to work without
pay o�en under harsh and degrading condi�ons.

Poli�cal repression

Separa�on of poli�cal ac�vity: The Bri�sh colonial government did not allow meaningful poli�cal
par�cipa�on by Ugandans. Poli�cal organiza�ons were restricted, and any form of dissent
resistance to colonial rule was met with repression. The colonial authori�es o�en used force to
suppress protests and uprisings, such as the 1945 and 1949 riots, were Ugandans demanded
beter wedges and beter working condi�ons.

Arbitrary deten�ons and punishments: colonial authori�es had wide ranging powers to detain
individuals without trial under violence regula�ons. this o�en involved the imprisonment of
poli�cal ac�vists and leaders who opposed colonial policies.

Racial discrimina�on

Racial hierarchies: the colonial system in Uganda was structured around racial hierarchy, with
Europeans at the top, followed by Asians and Africans at the botom. This hierarchy was reflected
in access to educa�on, jobs, and social services.

Social segrega�on: the colonial government implemented policies of racial segrega�on, which
limited interac�ons between Europeans and Africans. Europeans lived in separate, beter
serviced areas, while Africans were confined to less developed regions and urban areas.

Educa�on and limited rights awareness

Educa�on was used by colonial administra�on both as a tool for crea�ng a compliant work force
and as a means of spreading European culture. While some Ugandans did not gain access to
educa�on, it was limited and heavily focused on crea�ng a subservient class of clerks and low
level administrators with litle emphasis on broader rights awareness.

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Cultural suppression

The colonial administra�on imposed Bri�sh legal systems which o�en conflicted with
interna�onal laws and customs. The spread of Chris�anity o�en supported by the colonial
government, led to the suppression of tradi�onal religions and prac�ces.

POST INDEPENDENCE PERIOD (1962-1971)

Uganda’s first Prime Minister Milton Obote introduced a cons�tu�on that enshrined human
rights but his government later became authoritarian and abusive.

The 1962 independence cons�tu�on, the 1966 interim cons�tu�on, the 1967 republican
cons�tu�on were the major cons�tu�onal instruments that provided a formal statement on
guarantees and mechanisms for their enforcement was in the case of Grace Ibingira and others
v Uganda 1966 EA 304, 435. These cases brought a test in public order legisla�ons against the
protec�on of human rights

Ouster clauses and immunity clauses were o�en part and parcel of public order legisla�ons.
These sought to deprive individuals of access to the courts with respect to the adjudica�on of
rights and freedoms.

Ar�cle 123(6) of the 1967 cons�tu�on ousted the jurisdic�on of court as it provided the
government with immunity against any proceedings regarding the validity of the deporta�on
valida�on act 14 0f 1966 by which people like Grace Ibingira, Lumu and others had been vic�ms.
The government would thus enforce this law without ba�ng an eyelid but to the detriment of
Ugandans whose rights were violated. The act prohibited the courts from entertaining any claim
for compensa�on with respect to the fundamental right of habeas corpus. Worse s�ll the law
was aimed at individuals who were named in the schedule to the Act

IDI AMIN ERA (1971-1979)

Amin’s regime was notorious for human rights atroci�es including mass killings, torture and
forced disappearances.

POST IDI AMIN ERA (1979-1986)

The new government introduced a human rights commission but rights viola�ons con�nued.

By the suspension of poli�cal par�es’ decrees, freedom of associa�on and movement was
curtailed. By it, movement of some public figures was restricted, for instance former members
of parliament, mayors, district councilors was supposed to be authorized by the central
government official in district to travel outside the district. Contraven�on of the decree was
punishable by 18 months imprisonment or a fine of 10000shs or both. Sec�on 5 denied any

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ac�on or any legal remedy of a civil nature arising out of the deten�on or anything done to him
during such deten�on.

Deten�ons without trial became even official and legal under the Amin ere and he re-introduced
emergency laws. Under the deten�on (prescrip�on of �me limit) decree the Minister of internal
affairs was empowered to order deten�on of any person without trial. It granted powers of
arrest to members of the armed forces.

Under Amin, quasi-judicial bodies were created by the military tribunal’s decree. These quasi-
judicial bodies included the military tribunal, which tried both civilians and soldiers on crimes
like treason and illegal possession of fire arms. There was also the economic crimes tribunal
which was charged with trying crimes like smuggling, hoarding and extor�on. Others were public
safety unit and the state research beaural which terrorized Ugandans. The trials by military
tribunals violated the principle of fair trial as vic�ms were either tried in absen�a or without
legal representa�on or even witnesses called in court, thus Samwiri Karingire remarks that

“the judiciary was completely emasculated… since court only dealt with petty cases, the major
ones increasingly being dealt with by military tribunals in all the courts all over the country, the
presence of armed public safety unit or state research beaural became a regular feature of
court sessions… the law of the jungle prevailed.”

This state of anarchy is an illustra�on of the fact that not only was it prac�cally difficult to enjoy
human rights but that even in incidences of viola�on, there was no prac�cal means of
enforcement.

THE MUSEVENI ERA (1986 – PRESENT)

Aten�on to human rights was widened under the 1995 cons�tu�on with rights like habeas
corpus, fair hearing etc. being non-derogable under ar�cle 44 of the cons�tu�on previously for
example under the public order and security act of 1967, these rights were derogable: see Re
kisembo (1980)HCB 62. Ar�cle 20(2) of the cons�tu�on provides that all organs and agencies of
government shall respect uphold and promote the rights and freedoms of individuals and groups
enshrined in Chapter 4 of the Cons�tu�on.

H.E YK Museveni’s government has been cri�cized for human rights abuses including restric�ons
of free speech, assembly and poli�cal opposi�on.

In conclusion, there has been an evolu�on from a period where there were no human rights at
all to a period where rights of individuals have been defined and ins�tu�ons that defend such
rights have been set up for every individual to enjoy such rights that are inherent and inalienable.

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Group 2

THE BILL OF RIGHTS

A Bill of Rights is a document that outlines and protects the fundamental rights and freedoms of
individuals within a country or jurisdic�on. It's a cornerstone of cons�tu�onal law and serves as
a safeguard against government overreach and abuse of power.

Typically, a Bill of Rights includes provisions that guarantee essen�al liber�es such as; Freedom
of speech, expression, and assembly, Right to a fair trial and due process, Protec�on against
unreasonable searches and seizures, Right to privacy and security, Protec�on from
discrimina�on and equality before the law, Right to life, liberty, and security of person, Freedom
from torture and cruel treatment and Right to educa�on, healthcare, and social welfare.

The most famous example is the United States Bill of Rights, which consists of the first 10
amendments to the US Cons�tu�on. The United States Bill of Rights has a rich history that dates
back to the country's founding. Here's a brief overview:

Colonial Era (1600s-1700s)

English Bill of Rights (1689) influenced American colonists, who sought similar protec�ons.
Colonial charters and documents, like the Massachusets Body of Liber�es (1641), established
early rights.

American Revolu�on (1775-1783)

Declara�on of Independence (1776) asserted fundamental rights and liber�es. State

cons�tu�ons, such as Virginia's (1776), included bills of rights.

Cons�tu�onal Conven�on (1787)

Delegates dra�ed the US Cons�tu�on, but it lacked explicit individual rights.

An�-Federalists, like George Mason and Patrick Henry, advocated for a bill of rights.

Ra�fica�on Debates (1787-1788)

Federalists, like James Madison and Alexander Hamilton, ini�ally opposed a bill of rights.

An�-Federalists persisted, and Madison eventually agreed to support a bill of rights.

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The First Congress (1789-1791)

James Madison introduced a proposed bill of rights to Congress (June 1789).

A�er debate and refinement, the House and Senate passed the amendments (September 1789

Ra�fica�on (1791)

The states ra�fied the first 10 amendments, which became the Bill of Rights (December 15,
1791).

BILL OF RIGHTS IN UGANDA

In Uganda the bill of rights is enshrined under Chapter IV of The 1995 Cons�tu�on of the
Republic of Uganda (as amended), that provides for Protec�on and Promo�on of Fundamental
and other Human Rights and Freedoms.

The applica�on of specific rights under the Ugandan Bill of Rights:

Protec�on from Discrimina�on

Ar�cle 21 (1) of The 1995 Cons�tu�on Of The Republic of Uganda provides that all persons are
equal before and under the law in all spheres of poli�cal, economical social and cultural life and
in every other aspects and shall enjoy equal projec�on of the law.

Victor Mukasa & Another v. Atorney General (2008); The High Court recognized the rights of
sexual minori�es, ruling that a law criminalizing same-sex rela�onships was uncons�tu�onal.

Uganda Women's Network v. Atorney General (2013); The Cons�tu�onal Court ordered the
government to address gender-based discrimina�on.

Byarugaba v. Atorney General (2014); The High Court protected the rights of persons with
disabili�es.

Right of life

Ar�cle 22(1) of The 1995 Cons�tu�on of the Republic of Uganda provides that no person shall
be deprived of life inten�onally except in execu�on of a sentence passed in a fair trial by a court
of competent jurisdic�on in respect of a criminal offence under the laws of Uganda and the
convic�on and sentence have been confirmed by the highest appellate court.

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Protec�on from arbitrary arrest and deten�on

Under Ar�cle 23(1) No person shall be deprived of personal liberty except in any of the following
cases;

a) in execu�on of an order of a court, whether established for Uganda or another country

or of an interna�onal court or tribunal in respect of a criminal offence of which that
person has been convicted, or of an order of a court;

b) in execu�on of the order of a court made to secure the fulfilment of any obliga�on
imposed on that person by law;

c) for the purpose of bringing that person before a court in execu�on of the order of a court
or upon reasonable suspicion that that person has commited or is about to commit a
criminal offence under the laws of Uganda;

d) for the purpose of preven�ng the spread of an infec�ous or contagious disease;

e) in the case of a person who has not atained the age of eighteen years, for the purpose
of the educa�on or welfare of that person;

f) in the case of a person who is; or is reasonably suspected to be, of unsound mind or
addicted to drugs or alcohol, for the purpose of the care or treatment of that person or
the protec�on of the community;

g) for the purpose of preven�ng the unlawful entry of that person into Uganda, or for the
purpose of affec�ng the expulsion, extradic�on or other lawful removal of that person
from Uganda or for the purpose of restric�ng that person while being conveyed through
Uganda in the course of extradic�on or removal of that person as convicted prisoner
from one country to another; or

h) as may be authorized by law, in any other circumstances similar to any of the cases
specified in paragraphs (a) to (g) of this clause.

Ar�cle 23(2) A person arrested, restricted or detained shall be kept in a place authorized by law.

Ar�cle 23(3) A person arrested, restricted or detained shall be informed immediately, in a

language that the person understands, of the reasons for arrest, restric�on or deten�on and of
his or her right to a lawyer of his or her choice

Ar�cle 23(9) the right to an order of habeas corpus shall be inviolable and shall not be
suspended.

In Semogerere v. Atorney General (1996); the Cons�tu�onal Court ruled that deten�on for
poli�cal reasons is uncons�tu�onal.

In Besigye v. Atorney General (2001); the High Court ordered the release of the opposi�on
leader, ci�ng unlawful deten�on.
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Protec�on against Torture and Cruel Treatment

Ar�cle 24(1) of The 1995 Cons�tu�on of The Republic of Uganda provides that no person shall
be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.

Rosemary Namubiru v. Atorney General (2013); The High Court awarded damages to a woman
who was subjected to torture and cruel treatment by security forces.

Muzafaru Ssekandi v. Atorney General (2014); The High Court awarded damages to a torture
vic�m.

Abasi Mugerwa v. Atorney General (2015); The Cons�tu�onal Court ordered the government
to inves�gate allega�ons of torture.

Freedom from slavery and forced labour

Ar�cle 25(1) of The 1995 Cons�tu�on of The Republic of Uganda provides that no person shall
be held in slavery or servitude.

Ar�cle 25(2) of the Cons�tu�on provides that no person shall be required to perform forced
labor.

Uganda v. Kibale (1964); the High court ruled that forced labor is uncons�tu�onal and ordered
the release of vic�ms.

Kwagala v. Atorney General (2009); the cons�tu�onal Court ordered the government to protect
vic�ms of human trafficking and forced labor.

Right to Privacy

Ar�cle 27(1) of the 1995 Cons�tu�on provides that no person shall be subjected to ;

a) Unlawful search of the person, home or other property of that person ; or

b) Unlawful entry by others of the premises of that persons.

Ar�cle 27(2) provides that no person shall be subjected to interference with the privacy of that
person’s home, correspondence, communica�on or other property.

Dr. Josephine Nambooze v. Atorney General (2011); The High Court protected a journalist's
right to privacy, ruling that the government could not access her phone records without a
warrant.

James Muhindo v. Atorney General (2014); The High Court protected a journalist's right to
privacy, ruling that the government could not access his phone records.
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Dr. Stella Nyanzi v. Atorney General (2017); The High Court ordered the government to respect
the privacy of a prominent cri�c.

Right to a Fair Trial

Ar�cle 28(1) of the 1995 Cons�tu�on of the Republic of Uganda provides that in determina�on
of civil rights and obliga�ons or any criminal charge, a person shall be en�tled to a fair, speedy
and public hearing before an independent and impar�al court or tribunal established by law.

Kizza Besigye v. Atorney General (2001); The Supreme Court ensured a fair trial for the
opposi�on leader, ruling that the military court lacked jurisdic�on.

Thomas Kwoyelo v. Uganda(2011); The Cons�tu�onal Court granted a former rebel leader the
right to a fair trial.

Right to Freedom of Expression

Under Ar�cle 29 the cons�tu�on provides for freedom of conscience, expression, movement,
religion, assembly and associa�on.

Charles Onyango Obbo & Another v. Atorney General (2002); The Cons�tu�onal Court struck
down a law that criminalized sedi�on, ruling that it infringed on freedom of expression.

Andrew Mwenda v. Atorney General (2010); The Supreme Court ruled that the government
could not ban a journalist's book cri�cal of the president.

Robert Shaka v. Atorney General (2013); The High Court protected a journalist's right to report
on corrup�on.

Right to Educa�on

Ar�cle 30 (1) of the 1995 Cons�tu�on of the Republic of Uganda provides that all persons have
a right to educa�on.

Uganda Na�onal Teachers’ Union v. Atorney General (2013); The High Court ordered the
government to increase funding for public schools, ensuring access to educa�on.

Uganda Na�onal Teachers' Union v. Atorney General (2018); The High Court ordered the
government to address teacher shortages.

Kampala Parents School v. Atorney General (2020); The High Court protected the right to
educa�on for children with special needs.

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Right to a clean and healthy environment

Ar�cle 39 of the 1995 Cons�tu�on provides that every Ugandan has a right to a clean and
healthy environment.

Na�onal Associa�on of Professional Environmentalists (NAPE) v. Atorney General (2003); The

High Court ruled that the government must protect the environment and ordered the closure of
a pollu�ng factory.

Muhairwe v. Atorney General (2007); The Cons�tu�onal Court ordered the government to
address environmental degrada�on in the Lake Victoria region.

NAPE v. Atorney General (2011); The High Court ruled that the government must conduct
environmental impact assessments before approving development projects.

Greenwatch v. Atorney General (2013); The Cons�tu�onal Court ordered the government to
protect the Mabira Forest from degrada�on.

NAPE v. Atorney General (2015); The High Court ruled that the government must address oil
pollu�on in the Alber�ne region.

Water and Environment Media Network v. Atorney General (2017); The Cons�tu�onal Court
ordered the government to protect the Lake Victoria water quality.

HOW COURTS HAVE APPLIED THE BILL OF RIGHTS IN UGANDA

Judges in Uganda have relied on the Bill of Rights in the 1995 Cons�tu�on of the Republic of
Uganda to decide various cases, including those related to:

1. Freedom of expression and the press: Courts have upheld the right to cri�cize the
government and protected journalists from harassment.

2. Right to a fair trial: Judges have ensured that suspects receive a fair trial, including access
to legal representa�on and protec�on against self-incrimina�on.

3. Protec�on against torture and cruel treatment: Courts have held security forces
accountable for viola�ng this right.

4. Right to privacy: Judges have protected individuals' privacy rights, including in cases
involving surveillance and property searches.

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 5. Protec�on from discrimina�on: Courts have addressed discrimina�on based on gender,
sexual orienta�on, and disability.

6. Right to educa�on and healthcare: Judges have ordered the government to fulfill its
obliga�ons in these areas.

7. Environmental rights: Courts have protected ci�zens' rights to a clean environment.

NB: The Uganda Human Rights Commission and civil society organiza�ons also promote and
monitor the applica�on of the Bill of Rights.

CHALLENGES FACED IN THE APPLICATION OF THE UGANDAN BILL OF RIGHTS

 Execu�ve influence: The execu�ve branch some�mes interferes with judicial

independence.

 Limited access to jus�ce: Many Ugandans face barriers in accessing courts and legal
representa�on.

 Corrup�on: Corrup�on can undermine the rule of law and the applica�on of the Bill of
Rights.

In Conclusion;

Despite these challenges, the Bill of Rights remains a crucial tool for promo�ng and protec�ng
human rights in Uganda.

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Group 3

ECONOMIC, SOCIAL AND CULTURAL RIGHTS.

Economic ,social, and cultural rights(ESCRs) are a category of human rights that are essen�al for
ensuring the well being,dignity and quality of life of individuals and communi�es. These rights
are enshrined in various interna�onal human rights instruments including the universal
declara�on of human rights (UDHR) and the interna�onal convenant on economic social and
cultural rights (ICESR)..the interna�onal convenant on economic,social and cultural rights
contain the following rights....

The rights impose a posi�ve obliga�on on the state to provide or at least to create access to
those facili�es which are considered essen�al to modern life. The rights include but are not
limited, rights to work, rights to collec�ve bargaining, right to property, right to housing, right to
educa�on,right to health care services, rights to social security and right to par�cipate in the
cultural life of one's choice.

ECONOMIC RIGHTS

Economic rights are a set of human rights that are related to the economic well being and
development of individuals and communi�es. In Uganda, economic rights are protected under
the 1995 cons�tu�on of the republic of Uganda which provides for various economic rights
which include;

Right to work.

Ar�cle 40 of the 1995 cons�tu�on of uganda provides that ;

(1) Parliament shall enact laws;

(a) to provide for the rights of persons to work under sa�sfactory, safe and healthy condi�ons.

(b)To ensure equal payment for equal work without discrimina�on, and

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(c) To ensure that every worker is accorded rest and reasonable working hours and periods of
holidays with pay, as well as renumera�on for public holidays.

Every person has a right to freely choose and accept work and be protected from
unemployment. This also includes protec�on against forced labour.

In the case of uganda v kampala city council (2002)..The high court of Uganda held that, the right
to work includes the right to be protected from unfair labour prac�ces, including unfair dismissal

Right to Protec�on from depreva�on of property.

Ar�cle 26(1) of the 1995 cons�tu�on of uganda states that, "every person has a right to own
property either individually or in associa�on with others.

In the case of ug v kampala city council (2005) - the high court of Uganda held that the right to
property includes the right to protec�on from arbitrary and unjus�fiable depriva�on of property.

Right to a clean and healthy environment.

Ar�cle (39) of the1995 cons�tu�on of uganda provides that, every Ugandan has a right to a clean
and healthy environment.

In the case of uganda v Na�onal environmental management authority (2013) - the high court
of Uganda held that the right to clean and healthy environment includes a right to protec�on
from environmental pollu�on and degrada�on.

In the case of Muhaire v AG(2007)..the cons�tu�onal court ordered the government to address
environmental degrada�on on lake Victoria region..

SOCIAL RIGHTS

Social are a set of human rights that are related to the social and economic well being of
individuals and communi�es. These rights are recognized in various interna�onal human rights
instruments including the universal declara�on of human rights and interna�onal convenant on
economic social and cultural rights.

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In Uganda, social rights are recognized under the 1995 cons�tu�on of the republic of Uganda
which provides for various social rights which include;

Right to educa�on

Ar�cle (30) of the 1995 cons�tu�on of the republic of Uganda states that, all persons have a
right to educa�on.

In the case of Uganda Na�onal Teacher's Union v AG (2013) the high court ordered the
government to increase funding of public schools ensuring access to educa�on.

In kampala parents school v AG(2020) the high court protected the right to educa�on for
children with special needs.

Right of the family

Ar�cle( 31) of the 1995 cons�tu�on of uganda states that;

(1) A man and a woman are en�tled to marry only if they are each of the age of eighteen years
and above and en�tled at that age-

(a) To found a family and,

(b) To equal rights at and in marriage, during marriage and at its dissolu�on.

Right to freedom of expression.

Ar�cle 29 of the 1995 cons�tu�on of the republic of Uganda provides for freedom of conscience,
expression, movement, religion, assembly and associa�on.

In the case of Charles Onyango Obbo and anor v AG (2002) the cons�tu�onal court struck down
a law that criminalized sedi�on, ruling that it infringed on freedom of expression.

In the case of Andrew Mwenda v AG (2010) the supreme court ruled that the government
couldn't ban a journalist book cri�cal of the president.

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Freedom from slavery and forced labour

Ar�cle 25(1) of the 1955 of the cons�tu�on of the republic of Uganda provides that, no person
shall be held in slavery of servitude.

Ar�cle 25(2) of the 1995 cons�tu�on provides that, no person shall be required to perform
forced labour.

In the case of ug v Kibaale( 1964) the high court ruled that forced labour is uncons�tu�onal and
ordered the release of vic�ms.

In the case of Kwagala v AG (2009) the cons�tu�onal court ordered the government to protect
vic�ms of human trafficking and forced labour.

Right to privacy

Ar�cle 27(1) of the 1995 cons�tu�on provides that , no person shall be subjected to;

(a) Unlawful search of the person, home or other property of that person.

(b) Unlawful entry by others of the premises of that person.

Right to life.

Ar�cle 22(1) of the 1995 cons�tu�on of the republic of Uganda provides that no person shall be
deprived of life inten�onally except in execu�on of a sentence passed in a fair trial by a court of
competent jurisdic�on in respect of a criminal offence under the laws of Uganda and the
convic�on and sentence have been confirmed by the highest appealant court .

22(2) No person has a right to terminate the life of an unborn child except as may be authorized
by law.

CULTURAL RIGHTS

A CULTURE : A culture refers to a shared values , beliefs, customs,tradi�ons, and prac�ces of a

group of people, including their language, art, music, literature and history.

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It emcompasses the way of life, behavior, and norms of a par�cular society or community.

The 1995 cons�tu�on of uganda recognizes and protects various cultural rights, which are
essen�al for promo�ng and preserving the cultural diversity of Uganda. Here are some of the
cultural rights provides for in the cons�tu�on, along with relevant provisions.

Right to culture and similar rights

Ar�cle 37(1) provides that, every person has a right as applicable to belong to, enjoy, prac�ce,
profess, maintain and promote any culture, cultural ins�tu�on, language, tradi�on, creed, or
religion in community with others.

In the case of ug v kibuka(2001)..the high court of Uganda held that the right to culture includes
the right to par�cipate in cultural ac�vi�es, such as tradi�onal dances and music.

LEGAL FRAMEWORK AND IMPLEMENTATION

Uganda has a legal framework that recognizes and protects economic, social and cultural rights.
The framework is based on the cons�tu�on, interna�onal human rights trea�es and domes�c
laws.

Cons�tu�onal framework:

The 1995 cons�tu�on of the republic of Uganda recognizes the economic, social and cultural
rights in various Ar�cles including, Ar�cle 22 which provides for a right to life, Ar�cle 30 which
provides for a right to educa�on to men�on but a few.

INTERNATIONAL HUMAN RIGHTS TREATIES:

Uganda has ra�fied several human rights trea�es that recognize Economic, social and cultural
rights including;

. Interna�onal covenant on economic, social and cultural rights (ICESCR)

. African charter on human and people's rights etc

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DOMESTIC LAWS

Uganda has enacted several domes�c laws that implement Economic, social and Cultural rights,
including;

. They Employment Act (2006)

. The Na�onal Social Security Fund Act etc.

IMPLEMENTATION MECHANISM

Uganda has established several mechanisms to implement Economic, social and cultural rights
including;

. The Uganda Human Rights Commission (UHRC)

. The Ministry of Gender, labour and Social Development

. The Ministry of Health

. The Na�onal Council for Hgher Educa�on

CHALLENGES FACED DURING IMPLEMENTATION

Despite the compresive legal framework, Uganda faces several challenges during the
implementa�on of economic, social and cultural rights. Some of the key challenges include;

1. Limited Resources: Uganda's economy is s�ll developing and the government faces budget
constraints, making it difficult to allocate sufficient resources.

2. Inadequate infrastructure: Uganda's infrastructure, including roads, health care facili�es, and
schools is o�en inadequate making it difficult to access essen�al services.

3. Cultural and Social barriers: Deep- seated cultural and social a�tudes such as patriarchy and
tradi�onal norms can limit access to economic, social and cultural right par�cularly for
marginalized groups.

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DEVELOPMENTS OF ECONOMIC,SOCIAL AND CULTURAL RIGHTS IN OTHER DOMESTIC
SYSTEMS

Uganda has made significant stridesin promo�ng economic, social and cultural rights through
various domes�c systems and laws. The country has established ins�tu�ons and mechanisms to
protect and enforce these rights.

ECONOMIC RIGHTS

Right to work:

The employment Act protects worker's rights, including their labour condi�ons and social
security benefits.

Right to social security:

The Na�onal Social Security Fund (NSSF) provides social security benefits to workers.

SOCIAL RIGHTS

Right to social welfare:

The Ministry of Gender, Labour and social Development provides social welfare services,
including assistance for vulnerable groups.

CULTURAL RIGHTS

Cultural preserva�on and conserva�on:

The Uganda Na�onal Commission for UNESCO. The commission promotes the preserva�on and
conserva�on of Uganda's cultural heritage, including tradi�onal music, dance and art.

CONCLUSION:

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In conclusion therefore, Economic, social and cultural rights are fundamental human rights that
are essen�al for prin�ng human dignity, well being and quality of life. Uganda has made
significant strides in promo�ng these rights through various domes�c systems including laws,
policies, ins�tu�ons, and community based ini�a�ves.

The country has established ins�tu�ons and mechanisms to protect and enforce economic,
social and cultural rights including the Uganda Human rights commission (UHRC), the Ministry
of Gender, Labour and Social Development, and the Na�onal Social Security Fund (NSSF) as
discussed above.

REFERENCE

1. The 1995 Cons�tu�on of the republic of of Uganda

2. Employment Act of 2006.

3. Andrew Mwenda V Atorney General (2010)

4. Kwagala V Atorney General

5. Charles Onyango Obbo and Anor V Atorney General.

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Group 4

Human Rights refers to the privileged which an individual is en�tled to enjoy .These rights are
inherent and inalienable which means that they cant be taken away from a person thus part of
their life. There are various categories of human rights namely social,economic civil, poli�cal
rights and many [Link] civil and poli�cal rights are a class of rights that protect
individual freedom from infringement by the government,social organiza�on and private
individuals. They ensure that ones en�tlement to par�cipate in civil and poli�cal life of a society
and the state.

Civil rights generally include ensuring peoples physical and mental integrity,life,protec�on from
discrimina�on,right to privacy and many others. While poli�cal rights include natural jus�ce
(procedural fairness) in law,such as rights of the accused,including the rights to a fair trial ,due
process the rights of par�cipa�on in civil society and poli�cs such as freedom of associa�on,right
to assembly,right to pe��on and many others. These rights must also follow the legal norm as
in they must have the force of law and fit into the system of administra�ve jus�ce.

A key feature in modern society is that the more the state can guarantee poli�cal rights of
ci�zens,the beter the states rela�on are with its ci�zens. Civil and poli�cal rights form the
original and main part of interna�onal human rights. They comprise the first por�on of the 1948
universal declara�on of human rights (with economic social and cultural rights comprising the
second por�on). The theory of three genera�ons of human rights considers this group of rights
to be first genera�on rights, and the theory of nega�ve and posi�ve rights considers them to be
generally nega�ve rights. For these rights to be enforced in Uganda, various laws have been
enacted such as the 1995 cons�tu�on of Uganda and the Human Rights Enforcement Act of
2019.

Civil Rights

The phrase civil rights is a transla�on of la�n jus civis meaning right of a ci�zen

Civil rights are the rights that all people have in a society regardless of their race religion or sex.
They are discussed in detail as below;

Right to [Link] is provided for under ar�cle 22 of the cons�tu�on of the Republic of Uganda
1995 which states that no person shall be deprived of life inten�onally except in excecu�on of a
sentence passed in a fair trial by a court of comptent juridic�on in respect of a criminal offence
under the laws of uganda and the convic�on and sentence have been confirmed by the highest
appellant court. This right also extends to the unborn child. It should be noted that this right
includes right to food,shelter,health care and others so if a person is denied these rights then
he/she may be deprived of this [Link] right was enforced in covid 19 era whereby the
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government came with different drugs to to treat covid 19 pa�ents which secured their lives.
However this right is limited in a way that someone can be deprived of this right through
convic�on and sentencce by a competent court of jurisdic�on incase of criminal offences.

Freedom from discrimina�[Link] is provided for under ar�cle 21 of the 1995 cons�tu�on of the
Republic of Uganda which states that all persons are equal before and under the law in all
spheres of poli�cal,social and cultural life and in every other aspect and shall enjoy equal
protec�on of the law. However this right is limited because different individuals have different
privileges forexample under ar�cle 98 the president is exempted from any proceedings in court
while holding office.

Right to privacy. This is provided for under ar�ce 27 of the cons�tu�on which states that no
person shall be subjected to unlawful search of a person,home or other property of that person
or unlawful entry by others of the premises of that person. In this context unlawful entry means
un authorised interferance of one’s premises without authority. However this right is limited
because there can be lawful search whereby some people can forcifully enter the premises of
another person even without his or her consent. Under the police Act Police officers have the
right of ingress while making lawfull search. This was enshrined in the case of DR Stella Nyanzi
V atorney General Misc cause no. 242 of 2017. where High court ordered the government to
respect the privacy of a prominent cri�c.

Protec�on of freedom of conscience,expression,movement,religion,assembly and

associa�[Link] is provided for underar�cle 29 of the cons�tu�on of the Republic of Uganda
1995. This right include free movemet of peopla around the country, to join any religion,freedom
to assemble and demonstrate together with others peacefully and un [Link] this right
is limited in that some people can be denied to express this right on certain circumstances
forexample during covid 19 era Ugandans were denied a right to move around. Further more a
lot of ci�zens are being arrested for demonstra�ng for the release of Rt Col Dr Kizza Besigye
which is against their right to expression. This right was s�pulated in the case of Andrew
Mwenda V AG where cons�tu�onal court held that the government could not ban a jounalists
book cri�cal of the president.

Freedom from torture,inhuman or degrading treatment and punishment. This is provided for
under ar�cle 24 of the cons�tu�on and under Prohibi�on of Torture Act. Tortures in this context
means both psychological and physical torture. physical torture affects the body while
psychological torture affects the brain Sec�on 4 of the Human Rights Enforcement Act CAP 12,
the High Court is given power to hear and determine cases involving viola�on of non derogable

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rights as provided for under ar�cle 44 of the cons�tu�on of uganda where freedom from torture
is inclusive.

This right is however absolute meaning it can never be taken away from an individual regardlesss
of the circumstances at hand. This right was elaborated more in the case of Agaba Kenneth V
Atorney General and others civil suit no 247 of 2016 where the plain�ff was awarded damages
as a result of torture acts by the defendants.

Freedom from slaverly, servitude and and forced labour. This is provided for under ar�cle 25 of
the 1995 cons�tu�on of the cons�tu�on which states that no person shall be held in slaverly,
servitude and forced labour. This is a non derogable right as enshrined under ar�cle 44 of the
cons�tu�on of the cons�tu�on .meaning it can never be taken away from an individual. It’s the
High court that have powers to determine cases rela�ng to slaverly servitude and forced labour
as s�pulated under Human Rights Enforcement Act. This right is absolute.

In the case of C,E,H,I,J,L,V,W,X,Y,Z V Atorney General and another civil suit no 278-296 of 2013
where court held that the plain�ffs were never trafficked by the second defendants.

Right to personal liberty. This includes restric�ons in arrest deten�on and others. Its provided
for under ar�cle 23 of the cons�tu�on. It should be noted that this right is limited incase of
execu�on of a sentence or order of court whether established in uganda or another country in
respect of a criminal offence of which that person has been convicted or of an order of a court
punishment that the person for contept of court thus making this right limited, preven�on of
the spread of infec��ous disease like what happened in uganda during covid 19 period and many
other aspects as provided for under ar�cle 23. When a person is unlawfully deprived from
enjoyment of this right it amouts to an offence as seen in the case of John Ogil V Atorney
General civil suit no 0094 of 2004 where the plain�ff was awarded damages due to unlawful
deten�on by the defendant.

Poli�cal Rights.

These refer to an individuals ability to par�cipate in the poli�cal life of the society and state
without fear of discrimina�on or repression and is �ght closely to ci�zenship [Link] rights
are enshrined under chapter 4 of the 1995 cons�tu�on of uganda. They are discussed in detail
below.

Right to vote. Vo�ng refers to the process of choosing officials by cas�ng a ballot which is a
document used by people to formally express their preferences. This is provided for under ar�cle
59 of the cons�tu�on of the Republic of Uganda which provides that every ci�zen of Uganda of
18 years of age or above has a right to vote. Vo�ng is done through free and fair elec�ons.
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Further more it is limited in a way that its only for ci�zens above 18 years of age which means
any person below that age has no right to vote.

Right to form poli�cal par�es or poli�cal organiza�ons. This is provided for under ar�cle 72 of
the 1995 cons�tu�on of the Republic of uganda which provides that the right to form poli�cal
par�es is guaranteed. This simply means every person is free to join any poli�cal party of his or
her choice for example NRM,NUP,FDC and others.

Right to assemble and pe��on. This is provided for under ar�cle 29(d) of the cons�tu�on which
provides for freedom to assemble and demonstrate together with others peacefully and un
armed to pe��on. Under ar�cle 104 of the cons�tu�on any aggrieved candidate to with the
deccision of the electorol commission on declaring the president may pe��on to the supreme
court for an order that a candidate declared by the electoral commission elected as the president
was not validily elected. This was seen in the case of kizza Besigye V YK Museveni and another
electoral pe��on no 1 of 2001 where the pe��oner was challengig the declara�on of museveni
as the president by the electorol commission. Furher more under the Local Government Act
together with the cons�tu�on ,any candidate aggrieved with the outcomes of the votes at the
district level may pe��on to the court of comptent jurisdic�on. The case of Amongin Jane
Frances Okili v Lucy Akello of 2014 explains it beter. This right is limited to only candidates,but
not to other ci�zens.

Right to self defence

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Group 5

THE RIGHTS OF VULNERABLE GROUPS

Vulnerable people are individuals more likely to experience harm, exploita�on or
discrimina�on due to various factors. Under human rights law, vulnerable groups are certain
popula�on groups that encounter discriminatory treatment or need special aten�on to avoid
poten�al exploita�on.

Ar�cle 32 of the 1995 cons�tu�on of the Republic of Uganda provides that;

the state shall take affirmative action in favor of groups marginalized on the basis of gender, age,
disability and any other reason created by history, tradition or custom for the purpose of
redressing imbalances which exists against them.

There are several groups that are par�cularly vulnerable to human rights viola�ons due to social,
economic, poli�cal, or cultural factors. These include:
• Women and Girls
• Children
• People with Disabili�es
• Refugees and Internally Displaced Persons (IDPs)
• Ethnic Minori�es and Indigenous Groups
• Poli�cal Opposi�on Members and Ac�vists
• Elderly person, among others.

A. WOMEN & GIRLS

Vulnerabili�es:
 Domes�c violence, rape, and sexual harassment by both private actors and state agents.
 Forced marriages and FGM, par�cularly in rural areas, despite being outlawed.
 Limited access to reproduc�ve health services and educa�on due to cultural norms and
poverty.

Under the laws of Uganda and historically, women have been regarded as vulnerable
since history has placed them in an inferior posi�on to men. The laws of Uganda have been set
up to protect them from exploita�on. Ar�cle 33 1 states that women shall be accorded full and
equal dignity of the person with men and this has been upheld by se�ng up the Equal
Opportuni�es Commission Act 2. They are also protected under the Domes�c Violence Act 3.
Maputo Protocol (Protocol to the African Charter on Human and Peoples' Rights on the Rights

1
1995 Cons�tu�on of the Republic of Uganda
2
Cap 7
3
Cap 123
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of Women in Africa) 2003, this protocol guarantees comprehensive rights to women, including
the right to par�cipate in the poli�cal process, social and poli�cal equality with men, improved
autonomy in their reproduc�ve health decisions, and an end to female genital mu�la�on.

UN Commitee on CEDAW (2020): Cri�cized Uganda for failing to implement CEDAW

effec�vely, no�ng high rates of violence against women and girls, par�cularly in conflict-affected
regions like northern Uganda.

Right to own property.

In the past, women were not allowed to own property, but ar�cle 26 4 gives every person,
inclusive of women, not to be deprived of their property as in the case of Best Kemigisha v.
Princess Mabel Komuntale. 5 The dispute over the administra�on of the estate of the late King
Omukama Patrick Olimi Kaboyo III underscores the issues women face regarding inheritance and
property rights. Women o�en encounter legal and cultural barriers when it comes to inheri�ng
and managing property, which can lead to discrimina�on and marginaliza�on.
Ar�cle 17 (1), 6 states that; Everyone has the right to own property alone as well as in
association with others.

Right to educa�on
Ar�cle 30 of 1995 Cons�tu�on of Uganda, women were deprived a right to acquire
educa�on as it was seen as a waste of �me and resources; however the government has
supported the girl movement through sensi�za�on of the masses on the advantages of
educa�ng the girl child, it further gave them a 1.5 point at the secondary level s�ll to mo�vate
them and increase the number of girls in schools. Many schools of late require lesser points for
a girl child to join the level required and the one for boys in slightly high, all this has been done
to upli� the girl child. Governmental programs such as Presiden�al Ini�a�ve on Skilling the Girl
Child, Girls Empowering Girls program started by KCCA to support women within Kampala, USE
and UPE schools where also started up to support less cost educa�on to the public.
Organiza�ons as well such as Mifumi (U) Ltd have been come out to fight for the rights
of women such as in the case of Mifumi (U) Ltd & Others v. Attorney General, 7 where the rights
of women on bride price and equality where being supported by the court as being just and fair.

Equality and freedom from discrimina�on

This is provided for under Ar�cle 21 of the Cons�tu�on and its derogable, also Ar�cle 17
of the Universal Declaration of Human Rights provides for the same.
Conven�on on the Elimina�on of All Forms of Discrimina�on Against Women (CEDAW) 1979
o�en described as an interna�onal bill of rights for women. It defines what cons�tutes

4
1995 C0ns�tu�on of the Republic of Uganda
5
HCCS No. 162 of 2012
6
Universal Declara�on of Human Rights, 1948
7
SCCA No. 02 of 2014
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discrimina�on against women and sets up an agenda for na�onal ac�on to end such
discrimina�on.

Prohibi�on of Female Genital Mu�la�on Act 8 which prevents female circumcision due
to its nega�ve implica�ons on the girl child which has its roots in the Sebei region as a cultural
norm and was as well rendered uncons�tu�onal in the case of Law & Advocacy for Women in
Uganda v. Attorney General. 9 The Cons�tu�onal Court of Uganda ruled in favor of the
pe��oners, declaring the prac�ce of FGM uncons�tu�onal. The court emphasized that FGM
violated the rights of women and girls and was incompa�ble with the Cons�tu�on of Uganda.
Different organisa�ons have been setup to fight for the rights of women such as FIDA
Uganda, Mifumi Uganda among others.

Women have a right to clean and healthy environment. Women are to enjoy proper
health care facili�es which will improve their standard of living reducing on the maternal health
challenges faced by women. This is under Ar�cle 39 of the 1995 cons�tu�on of Uganda and
Ar�cle 25 10 states that;
Everyone has the right to a standard of living adequate for the health and well-being of himself
and his family, including food, clothing, housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness, disability, widowhood, old age
or other lack of livelihood in circumstances beyond is control.

The interna�onal community has also recognized the rights of women in Uganda this is
by ra�fying some conven�ons regarding the rights of women like the Conven�on on the
Elimina�on of All Forms of Discrimina�on Against Women {CEDAW} 1979, African Charter on
Human and People’s Rights, etc. This is in recogni�on of the role of women and the protec�on
of their rights as a vulnerable group.

B. CHILDREN
A child under sec�on 2 of the Children’s Act is a person below the age of 18 years, sec�on 3 as
well provides that decisions shall be taken in the best interest of the child. Children are also
afforded a right to educa�on under Ar�cle 30 of the Cons�tu�on hence the government has
ini�ated programmers like the Universal Primary Educa�on (UPE) and Universal Secondary
Educa�on (USE), and they shall be given a right to health care. they are to be protected from
social and economic exploita�on. The Cons�tu�on further provides for their rights as well under
Ar�cle 34.

Vulnerabili�es: Child labor, trafficking, early marriage, and lack of access to educa�on
and healthcare, especially in rural areas and among internally displaced children.

8
Cap 133
9
Cons�tu�onal Pe��on No. 8 of 2007
10
Universal Declara�on of Human Rights, 1948
30 | P a g e Compilation by @jorvannotes
The government has enacted some laws specifically for the protec�on of children those born
and those unborn, these include The Children’s Act Cap 63, Child protec�on policy [2019],
Na�onal child policy, some organiza�ons have been set up to support them like UNICEF Uganda,
Save the Children Uganda, Children fund Uganda.
The interna�onal scene has also helped to protect the rights of children in the world and
this is through convec�ons which have been ra�fied by the country and they act as guide lines
for the country on the welfare of children in Uganda these include like Conven�on on the rights
of the Child [CRC].

The right to educa�on

This right is not absolute and limited but, in this instance, its violated in an
uncons�tu�onal way. Ar�cle 30 of the Cons�tu�on provides a right to all children to atain
educa�on and the government has setup different ins�tu�ons to upli� the rights of children by
se�ng up schools as they can atain educa�on, that is UPE and USE schools have been setup.
The UN has also set up the United Na�ons Interna�onal Children’s Emergency Fund (UNICEF)
to cater to children and their rights.
Ar�cle 26 (3) 11 states that;
Parents have a prior right to choose the kind of education that shall be given to their children.

The right to a home

Ar�cle 27 of the Cons�tu�on provides for the right to property to all persons in Uganda
inclusive of children. KCCA collects street children to take them to their homes and also babies
that have been neglected by reckless parents who throw their children on streets are being taken
to baby homes to be taken care of such as Sanyu Babies home. Many laws have been put in place
to protect the children.

The right to equality and freedom from discrimina�on

Ar�cle 21 states that all persons are equal before and under the law in all spheres of
political, economic, social and cultural life and in every other respect and shall enjoy equal
protection of the law. This implies that no one should be discriminated as provided for under
ar�cle 21 (2). 12 Many children are being subjected to heavy work loads and yet the law prohibits
children from work which isn’t to their benefit such as there are many children on the streets of
Kampala who do vending of different items and others are sent out to go look for money in order
to earn a living which violates their rights as that work is not beneficial to their wellbeing in that
it violates many of their rights such as the right to educa�on, food, shelter among others.

By doing this, it subjects them to have rights equal to their elders (adults) and yet they
are just children.

11
Universal Declara�on of Human Rights, 1948
12
Cons�tu�on of the Republic of Uganda, 1995
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Sec�on 8, Children’s Act states that;
(1) A person shall not employ or engage a child in an activity that may be harmful or hazardous
to his or her health, or his or her physical, mental, spiritual, moral or social development.
(2) Subject to subsection (1), the minimum age of employment of a child shall be sixteen years.

Many children have been indulged in early marriages which is in contraven�on with the
cons�tu�on under Ar�cle 31 13 where only adults have the right to found a family and these
should be above 18 years.

C. PERSONS WITH DISABILITIES [PWDs]

These are people who have an impact on their body that prohibits them from properly
performing tasks like the rest. The Persons with Disabilities Act, Cap 115 was set up to provide
for the rights of these people.
Vulnerabili�es: Discrimina�on, lack of access to educa�on, healthcare, and
employment, and physical barriers in public spaces.

Freedom of equality and from discrimina�on. (Ar�cle 21)

The government has put representa�ves at the district levels and the members of
parliament at the country level to represent them na�onwide under Ar�cle 78 (1)c of the
Cons�tu�on. All this has been done to bring up equality and no discrimina�on. Now, public and
private ins�tu�ons are se�ng up ramp pathways to enable the lame to have access to services
as others do. Sec�on 10 requires public buildings to provide “appropriate access” i.e. ramps,
accessible toilets, and elevators subject to building standards. 14

Government programs have been set up to sensi�ze the public on these people's rights.
These people also have a saying that disability isn’t inability, which has mo�vated them to
par�cipate in other ac�vi�es, such as sports ac�vi�es. Husnah Kukundakwe represented
Uganda in the Paralympics swimming compe��ons in Tokyo 2020.
Ar�cle 18(4) 15 states: The aged and the disabled shall also have the right to special
measures of protection in keeping with their physical or moral needs.
The 1975 Declara�on on the Rights of Disabled Persons, in Proclama�on 6, underscores the
right of PWDs to comprehensive services aimed at maximizing capabili�es and fostering social
integra�on.

Right to educa�on (Ar�cle 30)

The government has promoted their right to informa�on as people with deafness and
mute have been provided for with sign interpreters who translate the informa�on for them

13
1995, Cons�tu�on of the Republic of Uganda
14
The Persons with Disabili�es Act, Cap 115.
15
African Charter on Human and Peoples' Rights
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during studies and other ac�vi�es, the government has provided for books for them and also
money printed can also be accessed and known to them. Schools have set up ramps to cater for
them and elevators to help them in transporta�on to high building floors.

Na�onal Union of Disabled Persons of Uganda (NUDIPU) v. Atorney General (2015):

The UHRC ruled in favor of people with disabili�es, ordering the government to improve
accessibility in public buildings, but implementa�on remains slow.

D. INTERNALLY DISPLACED PERSONS [IDP’S] & REFUGEES

Internally Displaced People (IDPs): People forced from their homes due to conflict, violence,
disasters, or human rights viola�ons, but who stay within Uganda’s borders. Examples include
Acholi displaced by the Lord’s Resistance Army (LRA) war (1986-2006) or Batwa evicted from
Bwindi Impenetrable Na�onal Park.

Refugees: People fleeing similar causes war, persecu�on but crossing into Uganda from
another country, seeking asylum. Uganda hosts over 1.7 million refugees as of 2024 (per United
Na�ons High Commissioner for Refugees (UNHCR)), mostly from South Sudan, the Democra�c
Republic of Congo (DRC), and Burundi. See the Refugees Act, Cap 312

Vulnerabili�es: Lack of protec�on, forced evic�ons, limited access to healthcare and

educa�on, and violence in refugee camps.
There have been some partnerships with organiza�ons to ensure the wellbeing of refugees
like the United Na�ons High Commission for Refugees [UNHRC], OXFAM Interna�onal, World
Food Program [WFP] all these working with the government of Uganda, to ensure the protec�on
of refugees in Uganda in their setlements like Nakivale refugee setlement, Rwamwanja refugee
setlement, Kyangwali refugee setlement.

Sexual and gender-based violence in refugee camps, especially in northern Uganda and
along the borders. Camp Gender-Based Violence (GBV) rape rates soared, per 2009 PMC. Kids
faced LRA abduc�ons, 20,000+ leaving orphans or disabled survivors, per UNICEF. Women in
Nakivale report sexual violence fetching firewood; kids 60% of refugees miss school (only 50%
enrolled, per UNHCR 2024).

Right to a clean and healthy environment. (Ar�cle 39)

Camp squalor bred diseases malaria, cholera leaving PWDs with untreated trauma (e.g.,
amputa�ons) or malnutri�on (e.g., stun�ng), per a 2009 Conflict and Health study. Batwa IDPs
face similar post-evic�on 40% child mortality, per PLOS Global Public Health 2023.
Congolese flee with war injuries; South Sudanese kids arrive malnourished UNHCR
es�mates 5-7% of refugees have disabili�es (2023). Camps lack specialized care wheelchairs or
therapy are rare.

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 Denial of educa�on and healthcare due to underfunding and overcrowding. Due to the
large numbers of the refugees, the government fails to support them financially and the grants
and dona�ons given out by the World Food Program (WFP) and the United Na�ons High
Commission for Refugees (UNHCR) are not always enough to sustain the large popula�on hence
the overcrowding, inadequate educa�on services and poor health care facili�es. The
government is however trying to setup more and more camps to accommodate these people
and many organisa�ons have come up to help with the refugee setlements through dona�ons
and grants

E. ETHNIC MINORITIES AND INDIGENOUS GROUPS

Indigenous groups (some�mes called indigenous peoples or communi�es) are popula�ons
recognized as the original inhabitants of a specific region or territory, present before the arrival
of dominant socie�es colonizers, setlers, or later ethnic groups. They maintain dis�nct cultural,
social, and economic prac�ces �ed to their ancestral lands, o�en differing from the majority
popula�on.

Vulnerabili�es: Land dispossession, cultural erosion, and violence, par�cularly among

groups like the Batwa (Pygmies) and pastoralist communi�es, are violated by land grabs for
conserva�on, mining, or oil projects.

The right to property. (Ar�cle 26)

This right is not absolute and is limited; hence, the Batwa (pygmies) were displaced since
the government needed their land to expand Mgahinga and Bwindi Impenetrable Forest
na�onal parks. 16 The government, however, did not allocate them any land where they could
stay, and neither did it compensate them with any funds for their loss. Many have suffered
complica�ons such as eye defects caused by anger and poverty and sicknesses for the same
reasons. The UHRC ruled in their favor, but compensa�on was not adequately provided.

United Organisation for Batwa Development in Uganda (UOBDU) and 11 Others v.

Attorney General and 2 Others. 17
This landmark case challenged the Ugandan government’s evic�on of the Batwa from Bwindi
Impenetrable Na�onal Park, Mgahinga Gorilla Na�onal Park, and Echuya Forest Reserve
between the 1930s and 1990s. They sought recogni�on as indigenous peoples under
interna�onal law, land res�tu�on, and compensa�on for rights viola�ons. The court ruled in
favor of the Batwa, declaring their evic�on without consent or compensa�on uncons�tu�onal.

Freedom of equality and from discrimina�on

16
download-143-uganda-the-marginaliza�on-of-minori�[Link]
17
Cons�tu�onal Pe��on No. 3 of 2011 [2021] UGCC 22
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 These are s�ll being discriminated against by many due to their size and height, hence
facing cri�cism. The Batwa face pervasive stereotypes called “pygmies,” “backward,” or “bush
people” by neighbors like the Bakiga or Bafumbira. A 2016 MRG study found that 57% of Batwa
women report sexual violence, fueled by myths (e.g., sex with Batwa cures AIDS).

F. POLITICAL OPPOSITION MEMBERS AND ACTIVISTS

Vulnerabili�es: Arbitrary arrests, torture, abduc�ons, and violence by security forces,
par�cularly during elec�ons or protests. Bobi Wine v. Atorney General (2021): Robert
Kyagulanyi (Bobi Wine) and other NUP members challenged their arrests and torture during the
2021 elec�ons, alleging viola�ons of cons�tu�onal rights.

Freedom of expression. (Ar�cle 29)

This is not an absolute but a limited right, as it can be taken away. Many people's right
to expression has been violated by the government. The journalist was hit in the eye while on
duty on February 26, 2025, by the Joint An�-Terrorism Taskforce (JAT). The same was seen in the
case of Charles Onyango-Obbo and Another v. Attorney General. 18

Right to liberty. (Ar�cle 23)

This is not an absolute but a limited right, as it can be taken away. Many people have
been abducted and taken to prison without following the right to Habeas Corpus as an absolute
right to every Ugandan ci�zen. These illegal deten�ons have con�nued to date; Elias Nalukoola
was abducted, and Besigye and another have been denied bail, their habeas corpus right has
been violated. All this makes them vulnerable due to the harsh condi�ons they are subjected to.

Nalukoola’s abduc�on by JAT opera�ves a�er his nomina�on for the Kawempe North by-
elec�on violated his rights to liberty and assembly under both domes�c and interna�onal law.
Human rights ac�vists like Kakwenza Rukirabashaija and Stella Nyanzi were forced to go
into exile due to the inhuman treatment that was done to them.

Subsequently, the rights of vulnerable people have been violated as illustrated above but the
government has come up with different programs and laws have been made to fight for their
rights. Interna�onal laws have been adhered to in respect to their (vulnerable groups) wellbeing
and many have been incorporated in the domes�c laws.

18
Cons�tu�onal Appeal No. 2 of 2002 [2004] UGSC 1
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REFERENCES
Domes�c Laws in Uganda
• Cons�tu�on of the Republic of Uganda (1995): Guarantees fundamental human rights,
including equality, non-discrimina�on (Ar�cle 21), freedom of expression (Ar�cle 29),
and the right to life, liberty, and security (Ar�cle 22). It establishes the Uganda Human
Rights Commission (UHRC) to inves�gate viola�ons (Ar�cle 51).
• Domes�c Violence Act (123): Aims to protect against domes�c violence but is o�en
inadequately enforced.
• Children’s Act (Cap. 63): Protects children’s rights, including educa�on, health, and
protec�on from abuse, but enforcement gaps persist.
• Persons with Disabili�es Act (Cap 115): Mandates non-discrimina�on and accessibility
for people with disabili�es, but implementa�on is weak.
• Refugee Act (Cap 312): Governs refugee rights, but prac�cal challenges limit protec�ons.

Interna�onal Human Rights Laws

Uganda is a party to several interna�onal and regional human rights trea�es, including:
• Universal Declara�on of Human Rights (UDHR): Establishes fundamental rights like
equality, liberty, and security.
• Interna�onal Covenant on Civil and Poli�cal Rights (ICCPR): Protects rights to life,
liberty, expression, and non-discrimina�on.
• Interna�onal Covenant on Economic, Social and Cultural Rights (ICESCR): Ensures rights
to educa�on, health, and adequate living standards.
• Conven�on on the Elimina�on of All Forms of Discrimina�on Against Women (CEDAW):
Protects women’s rights.
• Conven�on on the Rights of the Child (CRC): Safeguards children’s rights.
• Conven�on on the Rights of Persons with Disabili�es (CRPD): Protects people with
disabili�es.
• African Charter on Human and Peoples’ Rights (ACHPR): A regional framework ensuring
civil, poli�cal, economic, social, and cultural rights.
• Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women
in Africa (Maputo Protocol): Enhances women’s rights in Africa.

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 Group 6
The Na�onal Human Rights Commission (NHRC) is an independent body established to
protect and promote human rights within a country. It inves�gates complaints of human
rights viola�ons, reviews exis�ng laws and policies, and works to ensure that human rights
are respected and upheld by the state and its institutions.

Ombudsman and the mandate for the protec�on of human rights

The Ombudsman is an independent official or ins�tu�on established to inves�gate

complaints made by individuals against public authori�es or officials. The primary role of the
Ombudsman is to ensure accountability, transparency, and fairness in the ac�ons of
government en��es and to protect ci�zens’ rights.

The mandate of the Ombudsman for the protec�on of human rights typically includes
inves�ga�ng complaints of human rights viola�ons, promo�ng awareness of human rights
issues, and ensuring accountability of public authori�es. They serve as a mechanism to prevent
maladministra�on and advocate for the protec�on and promo�on of fundamental rights.

The civil society (NGOs) and the legal profession as actors in the promo�on and protec�on of
human rights.

Civil society organiza�ons (CSOs), including non-governmental organiza�ons (NGOs), and the
legal profession are vital actors in the promo�on and protec�on of human rights. They work
collabora�vely and independently to advocate for rights, provide legal assistance, raise
awareness, and hold governments accountable.

Some of the roles of NGOs include; advocacy and awareness raising about human rights
viola�ons, monitoring and repor�ng and providing legal assistance.

NGOs and legal professionals o�en work together to enhance their impact. For example, NGOs
may iden�fy cases of human rights viola�ons and collaborate with lawyers to provide legal
representa�on.

Both sectors can engage in joint advocacy campaigns to raise awareness about specific
human rights issues, mobilizing public support and influencing policy changes.

ENFORCEMENT AND LITIGATION OF HUMAN RIGHTS AND FREEDOMS BEFORE COURTS.

In Uganda, the enforcement and litigation of human rights before courts are governed by
Human Rights Enforcement Act 2019, allowing individuals or organisations to seek redress in
court for constitutional right violations, with 10year limitation period.

Liberal locus standi positions in Uganda aim to enhance access to courts, particularly in public
interest litigation. This approach allows individuals or groups to challenge governmental
actions without the strict requirement of direct personal interest, thereby promoting broader

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 participation in legal processes and safeguarding constitutional rights.

The Human Rights Enforcement Act of 2019, enacted to give effect to Ar�cle 50 of the
cons�tu�on, provides the procedure for enforcing human rights under chapter four of the
cons�tu�on

• Any person who claims that a fundamental or other right or freedom guaranteed
under this cons�tu�on has been infringed or threatened, is en�tled to apply to a
competent court for redress which may include compensation.
• Any person or organisa�on may bring an ac�on against the viola�on of another
person’s or group’s human rights.
• Any person aggrieved by any decision of the court may appeal to the appropriate
court.
• Parliament shall make laws of the enforcement of the rights and freedoms
under this chapter.

The Human Rights Enforcement Act 2019 focuses on court-based enforcement, the Uganda
Human Rights Commission also plays a role in Human Rights
protection and promotion, and its procedures are separate from those outlined in the Act.

BURDEN OF PROOF IN CONSTITUTIONAL RIGHTS LITIGATION

In constitutional right litigation, the burden of proof generally rests on the party asserting a
violation of a constitutional right, meaning they must
demonstrate on the balance of probabilities that the right has been infringed.

Application in constitutional rights litigation.

1. Plain�ff’s burden. In cons�tu�onal rights cases, the plain�ff generally bears the
ini�al burden of proof. They must establish that their cons�tu�onal rights have been
violated and this includes presen�ng of evidence of the viola�on, demonstra�ng that
the government’s ac�ons were uncons�tu�onal.
2. Defendant’s burden. Once the plain�ff establishes a prima facie case, the burden may
shi� to the defendant to jus�fy their ac�ons. This includes providing evidence that
their ac�ons were lawful and jus�fied under the circumstances, demonstra�ng that
any restric�ons on cons�tu�onal
rights were unnecessary and served a compelling state interest.

In some cases, defendants may raise affirmative defences like qualified

immunity for government officials. In such instances, the burden may shift back to the
plaintiff to prove that the defence does not apply.

PROTECTION OF CONSTITUTONAL RIGHTS AGAINST RETROGRESSIVE AMENDMENTS

In Uganda protecting constitutional rights against retrogressive

amendments involves mechanisms that safeguard fundamental rights and domestic
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 principles

Key strategies include judicial oversight, public interest litigation and constitutional
provisions that limit the scope of amendments to ensure that essential rights remain intact.

1. JUDICIAL OVERSIGHT
Courts play a vital role in reviewing proposed amendments to ensure they don’t
infringe fundamental rights.
Judicial interpretations can set precedents that protect against retrogressive
changes.
2. PUBLIC INTEREST LITIGATON
Individuals and organisations can challenge amendments that
threaten constitutional rights even if they are not directly affected. This approach
encourages broader participation in the legal process and enhances
accountability.
3. CONSTITUTIONAL PROVISIONS
Many constitutions include clauses that protect certain rights from being amended
or repealed.
These provisions serve as a safeguard against attempts to undermine democratic
principles.

Article 92 of the Constitution of the Republic of Uganda provides for restriction on

retrospective legislation. It states that parliament shall not pass any law to alter the
decision or judgement of any court as between the parties to the decision or
judgement.

PROCEDURE FOR INSTITUTING PETITIONS AND PRINCIPLE AGAINST PROCEDURAL

TECHNICALITIES
Article 50(1) states that Any person who claims that a fundamental or other right
or freedom guaranteed under this Constitution has been
infringed or threatened, is entitled to apply to a competent court for redress
which may include compensation.
In Uganda, instituting a petition involves lodging it at the court registry
with copies for the court and service, paying fees, and depositing security
for costs.
The principle against undue regard to technicalities, enshrined in Article 126(2)(e)
of the Constitution, dictates that courts should prioritize substantive justice.

The 1995 Constitution of the Republic of Uganda provides under Article 126(2) (e)
that in adjudicating cases of both civil and criminal nature the courts shall, subject
to the law apply the following
principles-
39 | P a g e Compilation by @jorvannotes
 (e) substan�ve jus�ce shall be administered without undue regard to
technicalities.

Therefore this raises an issue of what constitutes “technicalities”?

Technicalities are strict rules of procedure points of law or small set of rules as
opposed to the substance of law.

People always try to evade justice by giving a lot of importance to technicalities that are in
essence not a central part of the issue at hand and in this deny the aggrieved party substantive
justice. Most cases collapse because of preliminary objections raised by advocates in Uganda
regarding documentation and
unnecessary timelines.

While the procedures stipulated under the law are to ensure speedy and effective
dispensation of justice, the framers of the 1995 Constitution of the Republic of
Uganda placed a burden on the courts to ensure that people should not be denied
justice because of failure to strictly adhere to a technicality of law especially courts
honor is not in danger.

While IT IS NOT A “MAGIC WAND” it is at least a jump start in promotion and

administering justice in Uganda.

REMEDIES FOR VIOLATION OF HUMAN RIGHTS

PREROGATIVE ORDERS

They are discretionary remedies and may be granted or refused at courts discretion.
These remedies
have been provided for under Section 36 of the Judicature Act and the Judicature
(Judicial Review)
(Amendment) Rules 2019.

MANDAMUS
Section 36(1)(a) of the Judicature Act provides for the order of mandamus.
Rule 3 of the Judicature (Judicial Review) (Amendment) Rules 2019 that amends
Rule 2 of the

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 Principal Rules states that ―mandamus means ―a court order issued to compel
performance by public
officers of statutory duties imposed on them.
In the case of John Jet Tumwebaze, it was held that a mandamus order is issued in
order to compel
performance of a statutory duty. It is used to compel public officers having
responsibilities in public offices
and public bodies to perform duties imposed on them by an Act of Parliament.
Musa Ssekana J., in Public Law in East Africa1 states that the most common use of
mandamus in
modern times is to compel a public body to exercise a jurisdiction to hear and
determine a case, or to
consider exercising a discretionary power. In such cases where the public body fails to
exercise
jurisdiction or exercises it and decides the case adversely to the applicant in a way
that involves a
reviewable error, the court may grant mandamus requiring the public authority to
reconsider the case
according to law.

PROHIBITION
Section 36(1)(b) provides for the order of prohibition.
Rule 3 of the Judicature (Judicial Review) (Amendment) Rules 2019 that amends
Rule 2 of the
Principal Rules states that ―prohibition means ―an order issued by court to forbid
some act or decision
which would be ultra vires.
In the case of John Jet Tumwebaze, it was held that an order of prohibition goes out
to forbid some act
or decision which would be ultra vires. Thus, while certiorari looks to the past,
prohibition looks to the
future.

CERTIORARI
Section 36(1)(c) of the Judicature Act provides for certiorari as a relief. Rule 3 of the
Judicature (Judicial Review) (Amendment) Rules amends Rule 2 of the principal

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 Rules to define ―certiorari as ―an order by court to quash a decision which is ultra
vires.
In the case of John Jet Tumwebaze, it was held that ―certiorari issues to quash a
decision which is ultra
vires or vitiated by an error on the face of the record.

DECLARATIONS
In the case of John Jet Tumwebaze, it was held that a ―declaration is a
pronouncement by court, after
considering the evidence and applying the law to that evidence, of an existing legal
situation. It was
further stated that a declaration, among other things, enables a party to discover
what his/her legal
position is about the matter that is subject to the issuance of the declaration.
Musa Ssekana J., in his book, Public Law in East Africa, states that
―The declaration is primarily used to
declare that a particular decision or action of a public body is a nullity and ultra-vires
or to determine the
existence and scope of public law powers and public law duties. He further
states that declarations in public law are used in the following situations;
i) To establish whether a decision, order conduct or other act is ultra vires.
ii) To specify the consequences of finding of invalidity.
iii) To determine the extent of powers of a public body.
iv) To determine the existence and extent of public duties.
v) To determine rights.
vi) To determine ques�ons of law.

INJUNCTIONS
Section 38(1) of the Judicature Act states that, ―The High Court shall have power to
grant an injunction
to restrain any person from doing any act as may be specified by the High Court.

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PROHIBITORY AND MANDATORY INJUNCTIONS
A prohibitory injunction restrains the respondent from doing something which has
the potential of
undermining the rights of the applicant. On the other hand, a mandatory injunction
requires the
respondent to take a positive step or perform a positive act, for example, an
injunction to mandate URA to
release one’s goods. Both are perpetual injunctions. 4 Page 239
Taremwa—Administrative Law Semester II Notes
ABSA BANK (U) LTD AND 2 OTHERS v ELECTRO-MAXX (U) LTD HOLDING
Hon. Justice Boniface Wamala stated that ―An order of injunction is intended to
preserve the status quo
until all matters in issue are resolved by Court. Injunctions by their nature are in the
form of a restrain.
Injunctions that command the doing of things are not issued in ordinary
circumstances. They are issued in
special circumstances calling for mandatory injunction orders.

INTERIM AND TEMPORARY INJUNCTIONS

Section 64(c) of the Civil Procedure Act states that ―In order to prevent the ends
of justice from being
defeated, the court may, if it is so prescribed—grant a temporary injunction and in
case of disobedience
commit the person guilty of it to prison and order that his or her property be attached
and sold.
Interim and temporary injunctions are interlocutory injunctions, that is, those
granted before the main suit.
The difference between the two is that interim injunctions are granted hurriedly by
the court in order to
preserve the status quo.

DAMAGES
Damages refer to monetary compensation for injury suffered. They are an ordinary
remedy common in
ordinary suits and are rather uncommon in judicial review. There are three legal
grounds for paying them

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 in addition to certiorari and mandamus.

Article 50 of the Constitution; one may apply to a court of law for appropriate
remedies which
may include damages.

Section 3(2) of the Judicature (Amendment) Act 2002 states that the court may
upon any
application for judicial review, in addition to or in lieu of any of the reliefs specified in
subsection
(1) award damages.

Rule 8 of the Judicature (Judicial Review) Rules provides that the court
hearing a judicial
review application may in appropriate cases award damages.
For the applicant to be awarded damages, he has to prove two things under Rule 8;
The facts of the case are such that if you had filed an ordinary suit, you would
be entitled to
damages.
The applicant must have actually prayed for damages in the application.

DISCRETION TO WITHHOLD REMEDIES.

The court may exercise its discretion to withhold remedies in the following instances;
i) The court may take the conduct of the applicant into account whether he
should now be
entitled to complain about the decision and be granted a remedy.
ii) The court may refuse relief if it considers that gran�ng the relief would be
likely to cause
substantial hardship to, or substantially prejudice the rights of any person or would
be
detrimental to good administration.
iii) The fact that the applicant suffered no prejudice as a result of the error
complained of, may
be a reason for refusing him relief.
iv) The court may be influenced by the fact that a public body would have

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 exercised its powers in
the same way or reached the same decision even if it had not fallen into error. This
approach
has been attacked on several grounds of encouraging maladministration but this
can be
remedied by making a declaration that the decision as bad in law.
v) The court may have regard to the interest of third par�es who may have acted in
belief that
the decision was valid.
vi) The court may recognize the impact on the administration.
Quashing decisions may impose
heavy administrative burdens on the administration, divert resources towards re-
opening
decisions and lead to increased unbudgeted expenditure.

CONSTITUTIONAL INTERPRETATION VIS Á VIS PROVISIONS ON HUMAN RIGHTS AND FREEDOMS

In Uganda, constitutional interpretation, particularly regarding human rights and
freedoms, involves determining the meaning and
application of constitutional provisions, ensuring compliance with the
constitution, and considering the broader context and legislative history.

PRESUMPTION OF CONSTITUTIONALITY
The presumption of constitutionality is a legal principle that asserts that laws and
governmental actions are presumed to be constitutional until proven otherwise.
This principle is fundamental in the context of judicial review and constitutional
law, as it establishes a framework for evaluating the validity of legislation and
actions
taken by public authorities.
The presumption of constitutionality is rooted in the belief that legislative bodies
and government officials act within their constitutional authority. It reflects a
respect for the democratic process and the rule of law.

GENEROUS AND PURPOSE AND CONTEXTUAL INTERPRETATION OF HUMAN RIGHTS

PROVISIONS VS RESTRICTIVE INTERPRETATION OF LIMITATIONS (CLAW-BACK CLAUSES)
A generous and purposive interpretation of human rights provisions emphasizes the

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 need to fully realize and protect fundamental rights, ensuring they are interpreted in
a way that promotes their intended benefits. Conversely, a restrictive interpretation
of limitations often seeks to narrow the scope of these rights, potentially
undermining their effectiveness and the protection they offer to individuals.

Generous and Purposive Interpretation of Human Rights Provisions This approach

seeks to uncover the underlying intent of the
lawmakers or drafters of the legal text. It considers the reasons for enacting the law
and the objectives it aims to achieve.

Generous and purposive interpretation takes into account the broader context in
which the law was created, including social,
economic, and political factors. This context helps to inform a more holistic
understanding of the law’s application.
This approach aims to ensure that human rights are understood in a manner that
aligns with their fundamental purpose, promoting
dignity, equality, and freedom for all individuals.

This interpretation fosters an environment where human rights are actively upheld,
encouraging individuals to seek justice and hold authorities accountable for
violations.

Restrictive Interpretation of Limitations (Claw-Back Clauses)

Claw back clauses refer to provisions that allow a state to restrict or limit human
rights, even those enshrined in a regional or
international human rights instrument, to the extent permitted by its domestic law.
For example claw back clause might allow a state to restrict freedom of expression,
even if it’s a protected right, if doing so is deemed
necessary to maintain national security or public order, as permitted by its
domestic laws.
• Claw-back clauses in the Ugandan Cons�tu�on allow for certain rights to be
limited under specific circumstances. However, this can lead to abuses if
interpreted too narrowly.
This restrictive approach can lead to a chilling effect on the exercise of rights, as
individuals may fear repercussions for asserting their
freedoms, particularly in a context of heightened discrimination against
marginalized groups.
The tension between generous and restrictive interpretations of human rights

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 provisions in Uganda reflects broader societal values and the ongoing struggle for
equality and justice. A commitment to a generous interpretation is essential for
advancing human rights, particularly for marginalized communities, while a
restrictive approach risks entrenching discrimination and undermining the rule of
law.
END

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