LIRA UNIVERSITY

FACAULTY OF MANAGEMENT SCIENCE

DEPARTMENT OF PUBLIC ADMINISTRATION AND MANAGEMENT

COURSE: MASTERS OF ARTS IN PUBLIC ADMINSTRATION

COURSE MODULE: PUBLIC ADMINISTRATION AND DEV’T: THEORIES AND PROCESESS

COURSE CODE: PAM 7114

GROUP 5

S Name [Link] Signature

1 Opio Denis Otema 19/HD02/U/0061

1 Owani Morris 19/HD02/U/0066

2 Ogwal Moses Fred 19/HD02/U/0051

Question

(a) Discuss the origin and concept of Bill of human rights.

(b) Examine the categories and generations of rights in the world today.
(c) Discuss the legal and constitutional mechanisms for the protection of human rights in
Uganda.

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1a) Discuss the Origin and the Concept of Bill of Human Rights
Human rights are rights that are inherent in a human being by virtue of his birth as a human
being and do not depend for their existence on the legal and moral practices of different
communities (Dunne & wheeler, 1999). It is not the particular privilege conferred or granted
upon a man by the state but something that is due to him or owned by him by reason of his birth.
Human Rights are based on mankind's increasing demand for a civilized life in which the
inherent dignity of each human being is well respected and protected.

According to Basu (1994), human rights are those rights which individual must have against the
state or public authority by-virtue of his being a member of the human family irrespective of any
other considerations. These are essential for the development of a human being, to preserve his
personality and dignity without which he is reduced to the level of animals. Human rights are not
rights which derive from a particular State: they are rights which belong to a man simply because
he is a man. So human rights are the natural, inherent and inalienable rights without which a man
cannot exist. It is universal, do not differ with geography, history, culture, economic system or
stage of development, gender, race, class or status and are to be protected by the State

The Bill of Human Rights

The bill of human rights includes all the provision of the constitution and amendment that protect
individual liberty by barring government from acting in a particular area or from acting except
under the law (Hugo, 1960). It is a declaration and enumeration of a person’s rights and
privileges which the constitution is designed to protect against violation by the government or by
individuals or group of individuals. It is a charter of liberties for the individual and a limitation
up on the power of the state.

The Bill of Rights, refers to the first ten amendments to the United States Constitution which
were adopted as a single unit on December 15, 1791, and which constitute a collection of
mutually reinforcing guarantees of individual rights and of limitations on federal and state
governments. Although there are, and have been, other “bills of rights” in other countries, the
American Bill of Rights of 1791 is simply what is meant when we say “the Bill of Rights.”
(Douma, 2016). The Bill of Rights is the collective name for the first ten amendments to the

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United States Constitution. They guarantee a number of personal freedoms, limit the government
‘s power in judicial and other proceedings, and reserve some powers to the states and the public.

The United States Constitution was approved in 1789 but the absence of a "Bill of Rights" turned
out to be an obstacle to the ratification of the constitution by the different states. Some people
felt that it did not protect some basic rights and that the Constitution should be changed to
protect those rights. On December 15, 1791, changes were made to the Constitution. These first
10 changes, or amendments, guarantee specific freedoms and rights; together they are called the
Bill of Rights.

These rights include freedom of religion, freedom of speech and press, the right to peaceful
assembly and the right to petition the government for redressal of grievances, the right to bear
arms, right against unreasonable search and seizure, right against double jeopardy, right against
self-incrimination etc. (William, pg. 193). It also guaranteed some rights to the accused person
such as right to speedy trial, right of trial by independent and impartial jury, right to free legal
aid, right to be informed of the nature and cause of his accusation etc.

Conceptions of the Bill of Rights

The Bill of Rights as A Structural Corrective

The first conception of the Bill of Rights treats it as a way of correcting certain structural
deficiencies in a representative government. The central idea of this conception is that
representative government does some things badly, or at least cannot be trusted to do them well.
The purpose of the Bill of Rights is to make up for these deficiencies of representative
government. The most obvious example of this conception is ‘the Free Speech Clause’ - that the
purpose of this guarantee is to ensure the proper functioning of representative government
(Sunstein, 1992). Left to their own devices, officials will tend to suppress speech that is critical
of them, thus preventing democratic accountability.

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The Bill of Rights as a Charter of Fundamental Human Rights

This conception treats the Bill of Rights as a charter of fundamental human rights-those rights
that an individual should have against the state in any society. In one sense this conception is the
easiest to justify. Everyone agrees that there are human rights that no society should abridge
example are religious toleration, a general right to dissent, freedom from arbitrary punishment,
and freedom from slavery and oppressive racial or ethnic discrimination. Every society should
have, somewhere, a conception of these rights-either written down in a bill of rights, or
informally understood in the culture. It is natural to view the Bill of Rights as society's
recognition of these basic human rights (Dworkin, 1992)

The Origin of Bill of Human Rights

The origin of the U.S. Bill of Rights can be traced from George Mason’s 1776 Virginia
Declaration of Rights, works of the Age of Enlightenment pertaining to natural rights like John
Locke, and earlier English political documents such as the Magna Carta (1215).

The Magna Carta (1215)

The Magna Carta of 1215 was the first document dealing with human rights. When the King
(that is King John) violated the laws of England, his subjects forced him to sign the Magna
Carta, which is otherwise known as the Charter of Liberty (Batra, 1979). It contains a number of
rights of the individual. Under this a person can be prosecuted or punished only according to a
procedure prescribed by law. The citizen has the right to own and use property free of excessive
taxes and property could be taken away from him only through a process of law.

The Magna Carta is described as the starting point of Constitutional history which created the
focus to human rights since it has enshrined the principles of liberty, justice and even of equality
and fraternity (Justice and Ahamadi, 2000). It ushered in the realization and recognition that
individuals had certain rights and could claim these rights against the State and that the State was
expected to respect and not to interfere with such rights and liberties of the individuals . Its basic
principle required the king of England to follow the same laws as his subjects. In the Carta, the
King explicitly acknowledged many of the customary rights of the English people, including the
right of a freeman not to be imprisoned, exiled, or executed 'unless by the lawful judgment of his
peers, or by the law of the land.

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In addition, land and property could no longer be seized, judges had to know and respect laws
and taxes could not be imposed without common counsel or guidance and there could be no
punishment without a trial.

The royal officials were barred from taking for example movable goods without immediate
payment, or taking horses, carts, or wood without the consent of the owner. No widow could be
compelled to re-marry, so long as she wishes to remain without a husband,” and has the right to
inheritance unlike in the past.

Therefore, the provisions in the Charta greatly influence the writing of the U.S Bill of Rights of
1791 as most of them are reflected in the U.S Bill of Rights.

The Role of the Enlightenment Thinkers (John Locke)

John Locke was born in August 29th, 1632, he is widely known as the father of classical
liberalism. He was an English philosopher and physician regarded as one of the most influential
enlightenment thinkers (Whoolhouse, 2007).

The ideas of John Locke are more highly concerned with the framework of the social contract
and natural rights. The primary rights described as natural rights by Locke are three – life, liberty
and property. In simpler terms these rights can be better understood as:

Life: every person is warranted the right to live once they have been granted life

Liberty: every person is warranted the right to execute any action so as long as those actions are
not opposed to the first right;

Property: every person is warranted the possession of anything they create or get through trade or
other means so as long as those objects or gaining them does not interfere with the previous
rights.

According to Locke, since governments exist by the consent of the people in order to
protect the rights of the people and promote the public good, governments that fail to do
so can be resisted and replaced with new governments. Locke is thus also important for
his defense of the right of revolution. (Aarsleff, 1982). Supporters of the Locke school of

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thought used this justification in order to justify the American War of Independence and the
French Revolution as well as other such events (Forde, 2001).

Therefore, the political thoughts and the writing of John Locke greatly influence the U.S bill of
rights of 1791 because of its great emphasis on the idea of natural rights of human being which
are well reflected in the U.S bill of rights, and also empowered the citizens to demand for their
rights.

The Virgina Declaration of Rights (1776)

The Virginia Declaration of Rights affirmed that all men are by nature equally free and
independent with certain inherent rights. The Virginia Declaration of Rights was written and
copied to other colonies by George Mason in 1776 and introduced at the Virginia Convention in
Williamsburg. It was unanimously adopted on June 12, 1776, and went on to influence the
writing of the Declaration of Independence and the U.S. Bill of Rights. This was largely because
by the 1776 reconciliation with Britain appeared to be impossible. Example of the rights
included;

That all men are by nature equally free and independent, and have certain inherent rights, of
which, when they enter into a state of society, they cannot, by any compact, deprive or divest
their posterity; namely, the enjoyment of life and liberty

That all power is vested in, and consequently derived from, the people; that magistrates are their
trustees and servants, and at all times amenable to them.

That government is, or ought to be, instituted for the common benefit, protection, and security of
the people, nation or community and any government shall be found inadequate or contrary to
these purposes, a majority of the community right to reform, alter or abolish it, in such manner as
shall be judged most conducive to the public.

That all power of suspending laws, or the execution of laws, by any authority without consent of
the representatives of the people is injurious to their rights and ought not to be exercised etc.

This Virginia declaration of rights greatly influenced the writing of the U.S Bill of rights of 1791

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Conclusion

The U.S. Bill of Rights was proposed by James Madison. It largely responded to the
Constitution’s influential opponents who argued that the Constitution should not be ratified
because it failed to protect the basic principles of human liberty. The origin of the U.S. Bill of
Rights can be traced from George Mason’s 1776 Virginia Declaration of Rights, works of the
Age of Enlightenment pertaining to natural rights (John Locke), and earlier English political
documents such as the Magna Carta (1215).

1b) Examine the categories and generations of rights in the world today.

Background

Human beings are rational beings and by virtue of their being human, they possess certain basic
and inalienable/unchallengeable rights, which are commonly known as Human Rights. However,
human rights being a generic term embrace civil rights, civil liberties, social, economic and
cultural rights. However, the rights that all people have by virtue of human existence are defined
as human rights. Since these rights belonged to them because of their very existence, they
become operative with their birth. Human rights being the birth right are therefore, inherent in all
the individuals, irrespective of their class, creed, religion, sex, nationality (Agarwal, 2002). One
need not possess any other qualification to enjoy human rights other than the fact that he or she is
a human being.

The origin and development of human rights can be traced to the very beginning of life in the
society. In primitive societies man had a number of limitless freedoms, but in an organized
society these freedoms have no meaning because the limitless freedom of some people must have
resulted in the miserable suppression of the freedom of another class of people. For example, in a
feudal society only the rulers, the nobility and the clergy have freedoms and rights, other people
have only burdens and duties. The concept of human rights has gained impetus only in recent
times. It formally became recognized only after the formation of the United Nations in 1945,
which has, as its central concern, reaffirmed its faith in the fundamental human rights, in the
dignity and worth of human person at all levels and under all circumstances. The term human

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rights virtually denote all those rights inherent in our nature and without which one ceases to be a
human being (Mawdud, 1989).

Theoretical Explanations of Human Rights

There are theories that have been advanced to explain human rights as seen below

The Natural Rights Theory:

According to this theory the human rights are inherent in the very nature of human being.
Humans possess these rights because of the very fact that it is a human, a whole, a master, a
master of itself and of its acts by natural law (1951:65) Therefore, the growth of concept of the
'Rights of Man' has been closely associated with the traditional natural law theories and law as
such implies both duties and rights. As such, duties and rights are co-related with each other.
Raphael (1967:55) rightly observed that, "The rights are rights against other people, and the
duties are duties to other people.

The legal Right Theory

The theory of natural rights has been criticized and in turn advocates in favour of the legal rights
theory emerged. According to this theory, the rights are the creation of state. As such, there are
neither absolute nor inherent in the nature of man. All rights such as right to life, liberty or
property are artificially created by the law of the land (Asirvatham, 1999:16) These fundamental
rights are the right of self-preservation, which can be protected by state only in better manner
than by any other means. This theory extended that these rights can be recognized by the state
only for its enforcement, and if state cannot recognize it, it cannot be enforced.

The Historical Theory of Rights

The historical theory maintains that the rights are the creation of historical process. A long-
standing custom in the course of time concretize in the specific form of right. According to
Ritchie (1999:66-82), " those rights which people think they ought to have are just those rights
which they have been accustom to have, or which they have a 'tradition' (whatever true or false)
of having once possessed.

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Marxist Theory of Rights

According to Marx, rights are a simply a bourgeois concept and a product of capitalist society
primarily designed to maintain and reinforce the predominance of the ruling class (Scott, 1993).
He saw nothing natural or inalienable about human rights. In a society in which capitalist
monopolize the means of production, he regarded the notion of individual rights as a bourgeois
illusion. Marx believes that rights can only exist and flourish in a classless society where all are
equal and no one is an exploiter.

Categories and Generations of Human Rights

It is generally accepted that Karel Vasak (1977) is the originator and a promoter of generation of
rights. Using the gradual and systematic evolution and codification of rights, Karel Vasak
situated rights into three generations. It should also be remembered that this classification
follows a historical development of human rights.

The Human Rights and the First Generation (Civil and Political Rights)
Civil and political rights have the underpinning of the various natural law
postulations/suppositions. These rights are said to be libertarian in nature as they lay emphasis on
liberty, equality freedom. These rights include the rights to life, dignity of the human person,
freedom from slavery or servitude, equality before the law, fair hearing, privacy and family life,
freedom of movement, property rights, freedom of thoughts, conscience and religion, freedom of
expression and democratic rights.
Civil and political rights are collectively known as ‘Liberty Oriented Human Rights’ Hence these
rights are said to be negative rights; negative in the sense that they impose restriction on the state
not to tamper with these rights without just cause. The civil and political rights enjoy statutory
protection especially in constitutions of states. First generation rights are called the “blue rights’
as they deal essentially with liberty and participation in political life.

These rights are human rights arising out of the conflict between people and governmental
tyranny. For this reason, the main source of civil and political rights is considered to be the
American and French revolution. These rights came as a result of the formal assurance against

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oppression and arbitrary governmental tyranny. Moskowitz (1958) calls the ‘human freedom and
liberty ‘the fruits’ of struggle against the authority of the state.

The human rights of the first generation reflect long established values and as such are
incorporated not only in almost every constitution of various states but also in the Universal
Declaration of Human Rights, 1948 (Articles 3 to 21), International Covenants on Civil and
Political Rights, 1966, European Convention for the human rights and fundamental freedom,
1950, and the African Charter of Human and Peoples Rights etc. All these rights imply that no
government should act against individuals in any way that would deprive them of their personal
rights.

The Human Rights of the Second Generation (Economic, Social and Cultural Right)
The second-generation rights are by-product of socialism with its emphasis on social and
economic equality. The enjoyment of these rights requires positive or affirmative actions of
government to bring about the realization of the rights (Welch, 1984). These rights include
equality of opportunities, rights to education, protection and preservation of the environments,
protection and promotion of the people’s culture, humane and just condition of work, the rights
to fair remunerations, the rights to form, organize and join trade union, the rights to social
security, the right to food, the right to shelter, the right to health.

These rights are sometimes called the ‘red rights ‘as they impose on the government the duty to
respect and promote and fulfil them but this depends on the availability of resources. These
rights are also called positive rights as it impose positive obligation on the state. The economic,
social and cultural rights are collectively known as the ‘Security Oriented Human Rights’
because these rights collectively provide and guarantee the essential security in the life of an
individual. In the absence of these rights, the very existence of human being would be in danger.

These rights are incorporated in the Universal Declaration on Human Rights, 1948 (Articles 22
to 28) and in the International Covenant on Economic, Social and Cultural Rights, 1966. The
main source for the origin of these rights is considered to be the Russian revolution of 1917 and
the Paris Peace Conference of 1919. The Russian revolution is significant in recognising

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economic rights. The Paris Peace Conference is more significant for the establishment of the
International Labour Organization (ILO).

The Human Rights of the Third Generation (Collective Rights)

The third-generation rights include the rights of peoples and groups. They deal with the organic
and corporate existence and working of the society and embrace, inter-alia the rights to safety
and healthy environment, the right to development and the right to share in the common heritage
of mankind (Welch, 1984). The third-generation rights are not as clear as its two precursors as
they lack distinct identity and overlaps with the second-generation rights in particular. For
instance, the right to the control and exploitation of natural resources provided for in Art 21 of
the African Charter is truly a third generation right as opposed to a second generation right with
which it has always been [Link] rights are also known as solidarity rights because their
implementation depends up on international corporation example peace

Criticism Against the three Generation of Human Rights

The three generations of rights classification, is inconsistent with the principles of universality,
indivisibility and interdependence of human rights. It has to be remembered that there is a
growing international recognition of these three principles of human rights (JIfe, 2003)

The other problem associated with categorizing human rights into three generations is that some
rights do not adequately fit into any of the categories. Alternatively, it can be argued that some
rights fall into more than one category. The right to self-determination, for instance, is classified
by some as a first generation right, whereas others regard it as a third-generation right.

In the particular African (or developing world) context, classifying the right to development is
also rather problematic. While it is generally agreed that the right falls under the third generation,
it could be argued that the concept of development is usually associated with advancement in
social and economic terms. Hence, the right to development could easily be classified as a socio-
economic (second generation) right. (Mubangizi, 2003)

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Conclusion
All human rights are universal, indivisible, interdependent and interrelated across the globe
especially at national, regional and the international community that must be treated in a fair and
good manner. The generation of rights in three categories should not be taken to show that one
set of rights is superior to another and therefore all legal and constitutional mechanism should be
put in place to address the issue of human rights across the globe.

5(C) Discuss the Legal and constitutional Mechanisms for the protection of Human rights
in Uganda.

Background
The Human Rights situation in Uganda presents a complex picture. Laws and institutions are in
place to promote and protect human rights but human rights violations continue to be registered
countrywide. The overall legal and policy framework including the 1995 Constitution clearly
emphasizes the importance of human rights. It provides for the establishment of the Uganda
Human Rights Commission (UHRC) as an independent body whose role is to monitor, promote
and protect human rights. In addition, Parliament established a Standing Committee on human
rights whose role is to discuss and make recommendations on Bills laid before Parliament;
monitor and report on human rights concerns in every business handled by Parliament among
other functions. The UHRC, Parliament, Judiciary and other state institutions and CSOs, exist
and have the mandate to promote and protect human rights and fundamental freedoms.

Definitions of key concepts

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more. Everyone is entitled to these rights, without discrimination.
United Nations report (2018).

Legal means something you are allowed to do or have to do it by law- Longman dictionary. Or
Allowable or enforceable by being in conformity with the law of the land and the public policy;
not condemned as illegal - business dictionary.

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A constitution is an aggregate of fundamental principles or established precedents that constitute
the legal basis of a polity, organization or other type of entity, and commonly determine how that
entity is to be governed.

Examples of Human Rights

Chapter 4 of the 1995 constitution of Uganda provides for a number of Human Rights that the
Citizens and non-citizens are entitled to; below are some of the Human rights that are supposed
to be enjoyed by all the populations of Uganda; The right to equality and freedom from
discrimination, The right to life, liberty, and personal security, Freedom from torture and
degrading treatment, The right to equality before the law, The right to a fair trial, The right to
privacy, Freedom of belief and religion, Freedom of opinion, Right of peaceful assembly and
association, The right to participate in government, The right to social security, The right to
work, The right to an adequate standard of living, The right to education, Right to Health, The
right to food and housing etc.

Human Rights Characteristics/ principles of Human Rights

Universal – Human Rights belong to all people
Inalienable – Human Rights cannot be taken away
Interconnectedness – Human Rights are dependent on one another
Indivisible – Human Rights cannot be treated in isolation
Non- discriminatory- Human Rights should be respected without prejudice.

Legal and constitutional Mechanisms for the protection of Human rights in Uganda.

Uganda just like many countries of the world has seriously taken on the issue of Human Rights
being one of the global issues besides poverty, Education, AIDs etc. and in an attempt to ensure
that Human Rights are protected it has established legal and constitutional mechanism such as;

The establishment of the 1995 Constitution of Uganda; The Constitution of Uganda provides
for a range of rights that all human beings, including Human Rights Defenders(HRDs) are
entitled to. It defines the obligations and duties of the State and recognizes rights of all citizens
and those which are crucial to the work of HRDs, including the freedom of expression, assembly,
movement and association. The right to participation provided for in Article 38 of the

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Constitution is vital to the work of HRDs as it affirms the right to influence policies of
government through peaceful activities.

Establishment of courts of laws. Article 50 of the 1995 Constitution provides for recourse to
courts of judicature by any person or organization, to seek orders for redress when their human
rights are violated. Recourse can also be sought from the Uganda Human Rights Commission
(UHRC) under Article 53(2) of the 1995 Constitution, which provides that UHRC has powers to
make orders for redress and remedies where proof exists that human rights and freedoms have
been infringed upon. Moreover, State security forces are obligated to promote and protect rights,
as is stipulated in Article 221 of the Constitution as well as the Police Act,25 Prisons Act,26 and
UPDF.

Operationalization of Human Rights Defenders (HRDs). Human rights defenders are

individuals or groups of individuals or organizations who work to promote and protect human
rights in a peaceful manner. They play an important role in promoting and protecting human
rights and fundamental freedoms that citizens are entitled to. HRDs help in reporting and
publicizing violations as well as demanding for redress. They also educate citizens on their rights
and responsibilities and demand for accountability from the duty bearers. Example Media
Houses, Non-Governmental organizations, Office of the Inspector general of Government,
Uganda Human Rights Commission.

The establishment and operations of the committee of parliament. The Standing Committee
on human rights in Parliament draws attention to the promotion and protection of human rights
in the legislature as all of its functions are geared towards this. The Committee launched a
human rights checklist to guide parliament to ensure that bills and business of parliament
complies with human rights standards. Parliament has to ensure that all legislation passed is in
compliance with the checklist.

The Human Rights Network - Uganda (HURINET) is a Ugandan non-governmental

organization (NGO) whose mission is to foster the promotion, protection and respect of human
rights in Uganda through linking and strengthening the capacity of member organizations.

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HURINET works towards having a Ugandan society free of human rights abuse. It is an
umbrella organization of 60 human rights organizations. Membership is drawn from
organizations that are committed to a wide range of human rights issues which are
complementary in terms of areas of focus including: civil and political rights; economic, social
and cultural rights; children's rights; gender and women's issues; peace building and conflict
resolution; prisoners' rights; refugee rights and labor rights. The network is a host to a number of
national civil society campaigns such as Care International, AVSI foundation, FAPAD, Caritas,
Plan Uganda etc. and coalitions including: National Coalition on Human Rights Defenders
Uganda; National Coalition on Transitional Justice; Uganda Coalition on the International
Criminal Court.

The establishment of Uganda Human Rights commission. The 1995 constitution of Uganda
provides for the establishment of the Uganda Human Rights Commission (UHRC) as an
independent body whose role is to monitor, promote and protect human rights. Through the years
the human rights commission have come out clear to criticize some of the laws passed by
parliament and yet they contravene the human rights principles example; The public Order
Management bill. UHRC through the office of the Commissioner have in the recent past been
able to handle a number of cases related to human rights abuses in Uganda.

Establishment of the Human Rights protection bodies like the Uganda Police force, Uganda
Peoples defense Forces. The Government of Uganda through its parliament has established
several institutions such as the Uganda Police Force, the Uganda People’s Defense Force, the
National Reserve force, the Prisons department etc. that are tasked with the responsibility of
promoting law and order, protecting the lives of the citizens of the Uganda, Protecting the
borders of Uganda, apprehending those who break the laws etc. all these are done with the
intentions of promoting Humans Rights in Uganda.

The establishment of the Parliamentary Committees; the Human Rights Committee

Standing

The 26-member Human Rights Committee serves an important role though their mandate to
reflect on each Bill in accordance with Rule 118. Parliamentary Committees are empowered to
conduct field visits under Rule 33 of the Parliament Rules of Procedure and to present their

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findings in the form of a report to be discussed by Parliament. The committees are required to
analyze Bills, Petitions and Budgeting in the sectors which they operate. Under Rule 22 (1) of
the Parliament Rules of Procedure, the sittings of these committees are public thereby allowing
interest groups to voice their concerns directly to the legislators. Committees are empowered to
initiate Bills in their area of competence in accordance with Rule 110. These provisions highlight
the importance of Committee in making interventions to ensure that laws which are passed or
considered by Parliament comply with Uganda’s human rights obligations.

Ratification of the International laws on human Rights; International human rights law lays
down the obligations of Governments to act in certain ways or to refrain from certain acts, in
order to promote and protect human rights and fundamental freedoms of individuals or groups.
Example Uganda has ratified the Universal Declaration of Human rights, adopted by the General
Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually
expanded human rights law to encompass specific standards for women, children, and persons
with disabilities, minorities and other vulnerable groups, who now possess rights that protect
them from discrimination that had long been common in many societies.

Despite the fact that Uganda as a sovereign nation has tried with all its best to ensure that Human
Rights are protected; there are however challenges that have been faced amidst all due efforts
that have been made to see success in upholding human Rights in Uganda.

Failure to domesticate international instruments; Uganda has ratified most of the crucial
conventions at the international and regional levels. This ratification comes with legal
obligations which on many occasions, states have not effectively translated into national laws.
Furthermore, the repercussions for non-compliance are limited and are subject to sovereignty of
the state among others. Only a few cases have been adjudicated on the basis of Uganda’s
international legal obligations.

Failure to respect legal guarantees; the failure to respect guarantees for the enjoyment of
human rights within the law, or the state’s failures to implement legislation or court decisions
guaranteeing protection of certain rights and freedoms is a major challenge. Similarly,

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governments may abuse certain human rights principles such as the existence of rights that are
not absolute. Example the rearrests of suspects that have been set free by courts of law in Uganda
by the famous Black Mamba.

Inadequate funding; Underfunding of the Human Rights watchdogs like The Uganda Police
Force led to poor information sharing and delayed investigation of cases which, in turn became
an obstacle to justice. Inadequate funding of the police hampered the work of HRDs focusing on
children’s rights in that police at times did not have transport to carryout investigations nor the
necessary equipment to examine crime victims or the culprits. This is particularly worse in very
remote areas and in some instances, victims have to use their own resources to pay for medical
attention or examinations and pay for fuel to transport victims of human rights violations to
hospitals, among others.

Case backlog in courts; the backlog of cases in courts also hampered access to justice and this
slowed down the work of many HRDs that focus on access to justice. This frustrated many
people who could not understand the processes and procedures of courts as well as the
challenges faced by the different institutions involved in administration of justice an example of
the Akena case who was murdered in cold blood by his “good Samaritan”, the Ismamic sheiks
murders in Uganda, the Joan Kagezi murder, the Felix Kawesi murder. All these cases are still
pending in the Uganda Courts of law.

Corruption and lack of accountability; Corruption is an abuse of power, which is in direct

conflict with the essence of constitutionalism and the rule of Law. Corruption has far reaching
negative effects on basic human rights and facilitates violation of rights especially economic
social and cultural rights. HRDs expressed concern about the endemic corruption in human rights
protection and promotion. It was noted that consistent and widespread corruption has weakened
democratic institutions, such as courts (Magistrates, High court), and Police which eventually
affected the public’s confidence in these institutions leading to a vicious cycle of human rights
abuses.

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Key recommendations:
Utilizing existing structures such as district committees to address human rights issues;
Human rights issues are very critical and pertinent that needs the involvement of several
structures and institutions for it to monitor, promote and uphold human rights in Uganda. The
government therefore have to involve the different structures like the LC systems, the Local
Governments departments, the informal structures to make Human rights issue a cross cutting
issue in all their interventions.

Utilizing the media to sensitize the communities about human rights and responsibilities;
Uganda is blessed with several media houses and these media systems can reach as many people
as possible in a very short period of time. It is therefore paramount that the government adopts
the usage of the different Media systems in Uganda to cascade the human rights information so
as to reach people far and wide with information.

Strengthening CSO networks and creating emergency mechanisms for CSOs in case of
imminent threats. The Human Rights Defenders should join hands and work as a team if the
goal of promoting Human Rights in Uganda is to be achieved. This will add on their lobbying
and advocacy power for support from government.

Translation of laws and policies into local languages; the government of Uganda should take
it upon its self to ensure that the available laws are translated in to the available different
languages in Uganda. This would enable proper understanding and implementation of the laws
by the institutions and the people.

Adequate facilitation of Government institutions that promote and protect human rights;
the Government of Uganda needs to ensure that institutions like the police, Local Council
systems, Judiciary, prisons, Uganda Peoples Defense Forces etc. are adequately facilitated to
ensure they run their normal businesses of Advocacy, sensitization, control, apprehension,
promotion, control and redress of human rights are all rightfully performed.

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Conducting thorough investigations into allegations of human rights violations; the
government has the responsibility of ensuring that the issues of Human Rights violations are
seriously handled by first building the capacity of the actors of human rights, allocation of
enough resources to Human Rights departments, and avoidance of political interferences with
Human rights issues investigations.

Strengthening the capacity of the state agencies for them to understand the roles,
responsibilities and activities of HRDs. The government must play a role of ensuring that the
different state Agencies and institutions like the Police are made aware of the existence and the
roles of the different Human Rights defendants in the country. This would promote collaboration
and partnership in the fights for promotion of Human Rights and against Human rights abuses.

Implementation of laws against corruption. There is need for a strong political will by the
government to fight corruption since the institution or the people charge with human rights
protection are always compromise by the perpetrators of human rights abuse during the course of
investigation in human rights violation. The laws against human rights abuse need to be
implemented strongly.
Conclusion
The national human rights mechanisms remain the most known and utilized protection
mechanisms as most of the people have always revealed that they had interacted with Police,
courts of law, UHRC and other Government projects like the Justice Centers. The Constitution of
Uganda provide for institutions that support this protection. The regional and international
mechanisms are significantly less known and less utilized owing to the inadequate sensitization
about them.

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