KAMPALA INTERNATIONAL UNIVERSITY

SCHOOL OF LAW

DEPARTMENT : PUBLIC AND COMPARATIVE LAW

COURSE UNIT :HUMAN RIGHTS IN DOMESTIC PERSPECTIVE
COURSE CODE :LLB3106
LECTURER :TUMWINE MUSLIM
YEAR THREE
SEMESTER ONE
SESSION EVENING
GROUP :9

SN NAMES REG: NO
1 MUSASIZI JOEL 2023-08-21688
2 AMWINE MAGRET 2023-08-21593
3 WAMALA MORRIS 2023-08-20776
4 ASIIMWE HELLEN 2023-08-19027
5 KEMALI PATRICIA 2023-08-19026
6 TUMWOROBERE EUSINE 2023-08-17263
7 KATUSIIME ELIZABETH 2023-08-21616
8 ALOYO NANCY HOPE 2023-08-16565

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 GROUPED RIGHTS

In the context of human rights grouped rights typically refer to the

categorization of rights based on their nature, purpose, or historical
development.
Human rights in Uganda are primarily enshrined in chapter 4 of the 1995
constitution of Uganda as amended, known as the bill of rights. From Articles
20-50.
This framework draws from international standards including the Universal
Declaration of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR) ratified by Uganda in 1995 and the International
Covenant on Economic, Social and Cultural Rights (ICESCR) ratified in 1987.
Uganda’s approach recognizes the indivisibility and interdependence of rights
as emphasized by the Uganda Human Rights Commission (UHRC) which
monitors compliance and investigates violations.
There global classifications into generations ie Civil and political as first
generation, economic, social and cultural as second generation and collective
as third generation
This is referenced in Ugandan legal discourse and Uganda Human Rights
Commission reports, the constitution does not explicitly use these terms. But
instead it groups rights thematically blending civil and political protections with
economic, social and cultural entitlements while incorporating provisions for
collective and marginalized groups rights.
The UHRC annual reports and state submission to Un bodies for example
Committee on economic, social and cultural rights often analyze rights in these
categories to assess progressive realization and violations.

1. Civil and Political Rights (Individual liberties and Protections from state
abuse)
These are the first-generation rights.
These emphasize protections against arbitrary state interferences and are
immediately enforceable. They align with the ICCPR obligations and form the
core of bill of rights to address Uganda’s history of political repression for
example under regimes like Idi Amin’s 1971-1979 dictatorship.
Key examples include
 Right to life (Article 22),
This is not an absolute right as it can be taken away in execution of a death
sentence or incase of an unborn child in situations authorized by law.
Deprivation of life by way of capital punishment remains controversial. There
have been arguments on the constitutionality of death penalty with the most
significant one being the case of Suzan Kigula and 416 Ors v Attorney General
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constitutional petition no.3 of 2003 where it was asserted that that death
penalty contravenes the right of an individual not being subjected to cruel
inhuman and degrading treatment enshrined in Article 24. And court held that
a death penalty was nolonger compulsory but left at the discretion of the judge
to decide.
However in the case of State v Mawanyane (1995) where the south African
supreme court found the death penalty to be cruel, degrading and inhuman
and therefore unconstitutional.
 Protection from slavery, servitude and forced labor (Article 25),
No person is supposed to be subjected to any form of slavery, working
forcefully without even being paid.
 Personal liberty and fair hearing (Articles 23 and 28),
Every person is supposed to be accorded a free and fair trial. This explains why
every person is presumed to be innocent till proven guilty or till he or she
pleads guilty as per Article 28(3)(a) of the 1995 Constitution of Uganda as
amended.
In the case of Uganda v commissioner of prisons Micheal Matovu (1966)1
Where Micheal Matovu was arrested for two weeks before being brought to a
competent court or [Link] was assertion that the prisoner was arrested
past the 48 hour rule as per Article 23(4)(b)2
 Freedom of expression, assembly and association (Article 29.)
Ugandan are allowed to demonstrate for as long as there peaceful and doing it
lawfully. But this as been normally not been allowed by the police mostly if it’s
the opposition demonstrating like National Unity Platform (NUP).
 Right to privacy (Article 27)
In the case of retired Justice K.S Puttaswamy v Union of India writ petition
no.494 of 20123justice Sikri stated that a right to privacy is simply a right to be
let alone.
In the case of Aboneka Micheal v Watoto church constitutional petition no.19
of 2018 where court ruled that the right to privacy is an element of various
legal traditions to refrain governmental and private actions that threaten the
privacy of individuals.
 Equality and freedom from discrimination (Article 21)
Every person is equal before the law. This right has realized development since
many projects of women emanicipation have been put in place like
appointment of women members of parliament. Even in appointment to
government offices like the current vice president, speaker and prime minister
are all ladies. This has uplifted the status of women in the society.
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1 EA 514
2
of the 1995 Constitution of Uganda as amended
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Case decided in 2017

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  Right to vote and political participation (Articles 59-61)
These are enforced by the judiciary and UHRC, but reports highlight violations
like arbitrary arrests of opposition supporters for example National Unity
Platform (NUP) members in 2021-2024 and restrictions of protests.
The UHRC investigated 69 disappearances in 2022, releasing 64 detainees.
International reports note torture by security forces remains widespread
despite constitutional laws put in place.

2. Economic social and cultural rights (social economic wellbeing and

participation)
These are the second-generation rights
These require progressive realization through state policies as per the ICESCR.
The constitution integrates them as justiciable rights, a progressive feature
compared to some global frameworks.
Key examples
 Right to education (Article 30)
All persons have a right to Education
In the case of Dimanche Sharon and 20 Ors v Makerere University4 the
seventh day students asserted that the placement of tests and lectures on
Saturdays which was their Sabath day was a violation of their right to privacy.
But the court held that the right to privacy is limited if their justifications. This
is because Makerere University is a circular University as so it does not follow
sabath days.
Also in the case of Pius Nuwagaba v Law Development Centre where LDC had
compelled by court to admit the students of Uganda Pentecostal University it
had refused to admit arguing that it was a recognized University to teach law
 Right to a clean and healthy environment (Article 395)
 protection from deprivation of property (Article 26)
Property was defined in the case of Peter Ssajjabi v Attorney General
constitutional petition no.51 of 2013 to include all movable and immovable
property as well as money whether physical or electronic
Also in the case of Erias Lukwago v Attorney General court held that property
rights are fundamental and any deprivation must follow a due process
In the case of Julius Okot v Attorney General where the army had occupied the
complainant’s land in Northern Uganda and established a military detach. This
was done without paying the owner of the land. But this was unconstitutional
as regards to Article 26(2)(i) of the 1995 Constitution of Uganda as amended.
 Right to culture and similar rights (Article 37).

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Constitutional cause no.1 of 2003
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Of the 1995 Constitution of Uganda as amended

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In uganda every person has a right to belong to any culture of his or her choice.
This explains the various cultural dominions like the Baganda, basoga,
banyakore among others.
In the case of Bruno Kiwuuwa v Ivan Sserunkuma and Juliet Namazzi where
court upheld the Baganda culture of persons of the same clan not marrying
each other.
 Rights of vulnerable groups, women (Article 33), children (Article 34),
persons with disabilities (Article 35), and elderly (Article 36).
In the Ugandan context the state must mobilize resources for these (objective
XIV of the national objectives).
The UHRC6 and civil society reports praise advancements like the universal
primary education (UPE) introduced in 1997 but criticize gaps in health care
access for example maternal mortality rate and housing amid displacements
from projects like the East African Crude Oil Pipeline. In 2023, the UHRC noted
overcrowding in prisons as a violation of dignity and health rights.

3. Collective and group rights (Rights of peoples and marginalized

communities)
These are the third-generation rights
These focus on communal interests, drawing from African Charter on Human
and Peoples’ Rights of 1981 ratified in 1986 the UN Declaration on the Rights
of Indigenous People of 2007. These are less universally accepted and often
debated due to their collective [Link] address Uganda’s diverse ethnic
landscape (over 50 groups) and post conflict reconciliation.
Key examples
 Self-determination and cultural rights (Article 37, 246 on traditional
leaders).
 Affirmative action for marginalized groups (Article 32,36)
Affirmative action means taking deliberate positive steps by state or
institutions to reduce imbalances or discrimination. This allows the
government to make special laws programs or policies to promote equality for
such groups that have been left behind.
Examples include the Karamoja Ministry, kalangala action plan, women’s
representatives in parliament, child protection units and regional balances in
force recruitment.
In the case of Uganda v Attorney General constitutional petition no.8 of 2007
the constitutional court held that FGMs was unconstitutional violating
constitutional rights under Articles 21, 22, 23 etc.
 Rights of minorities (for example Batwa indigenous people).

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UHRC means Uganda Human Rights Commission

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  Right to development and peace (National objectives IV-V7).
In the Ugandan context these include protections for cultural institutions (e.g.
Buganda Kingdom) and land rights for pastoralists. However, UHRC reports
document evictions of indigenous groups like the Benet people (2023-2024)
and discrimination against minorities (e.g. LGBTQ) collective rights also cover
environmental justice, with the UHRC monitoring Oil projects impacts.

REFERENCES
1. The 1995 Constitution of Uganda as amended
2. Universal Declaration of Human Rights (UDHR)
3. International Covenant on Civil and Political Rights (ICCPR)
4. International Covenant on Economic, Social and Cultural Rights (ICESCR)
5. African Charter on Human and People’s rights.
6. Case law

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Of the 1995 Constitution of Uganda as amended

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