School of Law (S.Law) Collection

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    The right to education for children in Uganda: A critical analysis
    (Makerere University, 1998) Nabirye, Christine
    The study aims at the identification of Uganda's educational problems visa vis the right to education for children which is a legal right for all persons under Article 30 of the Constitution of Uganda 1995 and S.6 (a) of the Children Statute as a right for all children. The research is to find out if the right is enforced and if not why this is so and what measures can be taken to change the situation. This is another objective of the study. T ~ criticize the programme, find the problems associated with it, possible solutions. The study also aims at examining various laws on education like the Constitution of the Republic of Uganda -Article 30, the Children's Statute S.6(a), the Universal Declaration of Human Rights Article 26, the International Convention on Economic, Social and cultural Rights, Article 13, the UN Convention on the Rights of the Child , African Charter on Human and People's Rights and The African Charter on the Rights and Welfare of the Child as well as the Declarations on the .rights of the Child, 1924 and 1959, to find out if they are implemented in Uganda.
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    Political dialogue under the 2000 Cotonou : addressing the gaps in the right to freedom of expression and assembly in Uganda
    (Makerere University, 2019) Musiime, Alex Martin
    The African, Caribbean and Pacific and European Union (ACP-EU) partnership, was welcomed with much expectation in the area of Human Rights. This expectation was fortified with the promulgation of the Cotonou Agreement of 2000, which introduced the concept of Political dialogue. The commitment to political dialogue in this instrument was an innovation from previous agreements that not only paid scant regard to human rights but also followed a top to the bottom structure of enhancing development, where ACP states had little autonomy in shaping their path to democracy and governance issues. However, despite the existence of the Cotonou Agreement, the freedoms of Expression and Assembly—key components of the democratization process—have been subjected to significant abuse in many ACP states, Uganda in particular. This paper seeks to demystify the EU-Uganda political dialogue under the ACP, the powers that shape it, its impact on the body of human rights, and its future post-2020 upon the expiry of the Cotonou Partnership Agreement.
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    Realization of the right to work: an examination of the efficacy of the dispute resolution mechanisms in the workplace in Uganda
    (Makerere University, 2019-06) Namulondo, Evelyn Fiona
    The paper discusses dispute resolution with special emphasis on arbitration as a form of alternative dispute resolution. The paper is divided into five chapters. The first chapter discusses the background of dispute resolution showing the reasons why Uganda opted for alternative dispute resolution. Theses include the economic and time factor which are favorable to the employer. The second chapter deals with the literature review where the different authors and scholars work is analyzed. It raises the issue that mandatory arbitration is unconscionable and unfair to the employees. The third chapter deals with the legal and institutional frameworks. With the institutional framework, it points out the difficulty of intervention. Employment is commenced by a contract, which states the means of dispute resolution. Thus, institutional intervention is restricted to the extent that the contract allows. Chapter four discusses the findings from the study in relation to the literature and available framework. Chapter five has the conclusions and recommendations like having an official present at the signing of contracts with the mandatory arbitration clause.
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    Convinced or coerced? An appraisal of the observance of the right to free, prior and informed consent in the extractive industry in Uganda
    (Makerere University, 2019-06) Ntungwerisho, Colman
    The right to Free, Prior and Informed Consent (FPIC) is largely associated with the situation of indigenous persons and derives primarily from their right to self determination.1 It is enshrined in Article 10 of the United Nations Declaration on the Rights of Indigenous Persons (UNDRIP), which provides that “indigenous peoples shall not be forcibly removed from their lands or territories, no relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.” The right to FPIC also means that indigenous persons must be informed about projects that may affect their land, resources and other rights in a timely manner, free of coercion and manipulation, and have the opportunity to approve or reject a project prior to the commencement of all activities Karamoja is one of the mineral rich regions of Uganda endowed with gold, limestone and marble among others but the exploitation of these minerals had until recently been impossible owing to insecurity and inaccessibility of the region. However, the disarmament of the Karimojong in 2010 has led to increased security and as a result investor interest in the region and in the extractive industry in particular has peaked.10 In addition, the Karimojong people have been forced to turn to alternative sources of livelihood and an estimated 18,000 men, women and children are now engaged in Artisanal and Small scale Mining. (ASM) The extractive industry involves the exploitation of natural resources and this has a direct impact on the rights of the Karimojong because as indigenous persons, their relationship with their lands and territories is profound and constitutes a fundamental part of their identity which is deeply rooted in their culture and history. Therefore, this research considers the situation of the Karimojong because they occupy a mineral rich area with a nascent extractive industry and increasing penetration by mining companies which potentially posess adverse effects to their livelihood if their rights as an indigenous group of people are not observed. Furthermore, Karamoja is one of the poorest parts of Uganda with over 61 % of an estimated 1.1 million people living below the poverty line as compared to the national average of 21.4 % in 2017. Moreover, dating back to colonial times and the early post-independence regimes, Karamoja was the neglected step-child among the regions of Uganda.Government policies intentionally refused to extend resources to the area and maintained it as a perpetual militarized zone. It is this history that has contributed to the retention of the identity of an indigenous community by the Karimojong. The government of Uganda has the ambitious plan of attaining middle-income status by the year 2020. This dream relies heavily on private-sector led growth as outlined in the Second National Development Plan and in Vision 2040. These two documents also envisage the heavy contribution to economic development of the extractive industries, especially with the discovery of oil in the Bunyoro sub-region. In both documents, the role of the government is to facilitate economic growth by making conditions more favourable for private investment In pursuit of the goal of economic development, the government appears to protect investors at all costs. Foreign investors courted by the state are assisted to establish their businesses in the most favourable conditions even if it means overriding the interests of ordinary citizens. For indigenous persons—particularly the Karimojong in this case—such a development approach poses an even greater risk to livelihoods chiefly because of their attachment to the land, the desire to maintain their cultures and a history of subjugation, discrimination and exclusion which renders them vulnerable in the face of the much stronger state machinery.
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    The effectiveness of the law on implementing the right to a clean and healthy environment during oil and gas exploration and production in Uganda
    (Makerere University, 2019-06) Lule, Francis Xavier
    The right to a clean and healthy environment is fundamental because it ensures the enjoyment of other human rights. It is a basis upon which other rights can fully be actualized. This right is protected by internationally agreed environmental law standards. The protection of this right is specifically drawn into the limelight due to the oil and gas activities that inherently have a deleterious effect on the environment in Uganda, which therefore calls for effective legal, structure and policy framework to govern these operations in the Albertine Graben. The main objective of the research was to examine the effectiveness of the Ugandan laws in guaranteeing the right to a clean and healthy environment during the oil and gas exploration and production process, this objective was guided by a central research question of how effective the law is in implementing the right to a clean and healthy environment during the processes of oil and gas exploration and production. It is the main finding of this research is that whereas Uganda has taken large strides in the protection of this right through relevant enactments, these laws however to not address to the full extent of the threat the oil sector possesses. Effects are enormous if at all it the sector is not properly legislated and the law effectively implemented. The law is currently sloppy in as far as incorporating principles such as the polluter pays principle which sit at the heart of environment protection through deterrent fines, environmental restoration and compensation. The issue of implementation through competent bodies such as NEMA, PAU and Courts is still a challenge. These institutions are not well equipped technically and knowledge-wise in enforcing standards, therefore the research recommends inter alia; the amendment of the law to vividly capture these principles; establish an independent oil and gas enforcement body; specialized courts for oil and gas disputes and encourage the role of the state and civil society in the fight against corruption
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    An analysis of the legal and regulatory framework for corporate governance in secondary schools in Uganda.
    ( 2019-07) Turyamureeba, Dorcus
    Corporate governance in education institutions focuses on the process under which they are organized and managed and how the administrators meet their responsibilities. Secondary schools play an important role and therefore must be compliant with the code of good practice whenever necessary in order to control risk and disorderly operations.Such schools need to comply with relevant corporate governance standards to ensure they are properly managed and all interests of stakeholders are protected. This research seeks to assess corporate governance practices among secondary schools in Uganda and assess mechanisms for enforcing compliance.This research aims at investigating corporate governance in education institutions with specific reference to secondary schools in Uganda. Every school must be run in a manner stipulated in the Education Act of 2008 and those entrusted with authority to govern the schools need to observe basic governance principles over and above the basic skills and competencies required. A good school governance system requires a balance of stakeholder interests and expectations flourishing partnership, based on mutual interest and mutual confidence, between the many constituencies that make up and support the school. The research finds this vital for any school to perform well.
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    Defining the boundaries of economic dismissal in Uganda
    (Makerere University, 2020-11-12) Kisitu, Lamech
    The main objective of the study is to define the boundaries of economic dismissal in Uganda. SPECIFIC OBJECTIVES: The research study will be premised on the following specific objectives; 1) To examine the extent to which Uganda has complied with its international obligation in relation to economic dismissal under the Termination of Employment Convention [No.158 of 1982] and Termination of Employment Recommendation [No.166]. 2) To examine the extent to which employers have complied with policy considerations under the law while dismissing their employees on economic grounds; 3) To examine the consequences of economic dismissals in Uganda.
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    Examining access to criminal justice during public health emergencies in Uganda; A case study of Kampala Metropolitan Police Area
    (Makerere University, 2021) Andiandu, Patrick Micheal
    In October 1995 a new Constitution was promulgated in Uganda. It contained a comprehensive statement of the aspirations of the people of Uganda given their avowed intention to depart from the nasty experiences of the previous years. Chapter Four of the Constitution contains an elaborate statement of various rights inherent to the individual. However, since 1995 the protection, promotion, respect and realization of these rights has been mixed. In November 2019, what began as a seemingly localized flu like infectious disease in Wuhan, in the People's Republic of China, soon spread across nations and by March 2020, it had been declared a global pandemic by the World Health Organization. In March 2020, a national lockdown was announced in Uganda. Given the uncertainties about the disease, the grave statistics on fatalities evident across the globe and the stretched medical facilities, the nationwide lockdown was inevitable. There was also no time to plan beforehand. Nations around the globe went into lockdown and dealt with the devasting effects of the novel Corona virus which is more commonly referred to as COVID-19. All life as was known before was affected. The Justice, Law and Order Sector which oversees, through various government departments and institutions the critical work of formal justice through Courts in Uganda was also affected by the lockdown. The Courts were no longer openly available to handle matters. Technology was not readily available to bridge the gap. During the period of lock down hundreds of Ugandans were arrested for various offences, including COVID-19 related violations. The management of the pandemic has provided an opportunity to assess the extent to which various rights enshrined in Chapter Four of the Constitution were affected during the management of the national lock down in 2020 with emphasis on the Kampala Metropolitan Police Area.
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    An appraisal of the effects of the WTO Sanitary and Phytosanitary (SPS) Agreement on Regional Trade Agreements(RTAs): A case of the African Continental Free Trade Area (AfCTFA)
    (Makerere University, 2021-10-25) Ndobya, Gerald
    Regional Trading Agreements have since time immemorial played a critical role in granting adequate negotiation avenues to countries undertaking measures in the global multilateral trading system. These Agreements equally support intra-regional trade through the elimination of various tariff and non-tariff barriers (NTBs) such as the Sanitary and Phytosanitary (SPS) measures. Pursuant to this, the African Union conceived the idea of a regional trading bloc that would facilitate trade on the broader continent.
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    Digitalisation of Uganda’s Judicial System: An analysis of Rwanda’s Electronic Court System
    (Makerere University, 2021-12) Kamatsiko, Alexandra
    The advent of Information and Communications Technologies (ICTs) has presented endless possibilities in all sectors globally including in government operations hence the move towards e-governance and e-governments. E-governance is by and large alluded to as the capacity of ICTs to tackle changes. This consideration is just not just expanded utilization of ICTs as a mechanical device for conveying administrations on the web and working on the proficiency of organizations. Tackling ICTs in various government tasks is remarkably one of the identifiers of a profoundly performing and imaginative public area.
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    An analysis of the impact of consideration of geo-political interests vis-a-vie objective legal considerations for military intervention by the five permanent members of the UN Security Council, on the implementation of the responsibility to protect
    (Makerere University, 2021-12) Bakunda, Ahumuza Emily
    This paper makes an in-depth analysis of the UN Security Council’s role in the Responsibility to Protect. The paper highlights the accepted legal considerations for Military intervention under the third pillar of the Responsibility to Protect vis-a-vie the actual geopolitical considerations that have governed military intervention and non-intervention by the five permanent members of the UN Security Council in recent humanitarian crises across the globe. The paper also discusses the impact of this on the principle of the Responsibility to Protect as an emerging norm and on Humanitarian intervention as a whole.
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    Assessing the role of labour officers in addressing labour disputes in Uganda
    (Makerere University, 2021-12) Egesa, Ivan
    Labour law is a body of legislative laws, administrative rulings and precedents which address the legal rights, obligations of working people and their organizations.1 There are two categories of labour laws which are collective labour laws that relate to the tripartite relationship between employee, employer and labour union and the individual labour laws that majorly concern the rights of employees at work and through the contract of work for example the employment Act 2006.
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    Towards public interest insolvency: A case for COVID19 induced corporate rescue of businesses in Uganda
    (Makerere University, 2021-12) Konde, Nasser
    Private schools in Uganda are a category of businesses that have faced considerable financial hardship owing to their closure by government in a bid to curb the spread of the corona virus. This is so much so because private schools solely depend on school fees from students as a source of revenue. The closure of schools by government means that students are unable to attend school and pay school fees. Considering that many private schools have credit obligations with numerous financial institutions , which obligations arise from the need to expand in order to accommodate more students and thus generate more revenue , their closure has resulted in a failure to meet credit obligations. There is a need for intervention to enable the private schools wither the current storm that they are facing. Corporate rescue is one of the interventions that can be used to ensure that private schools are able to meet their credit obligations and to survive liquidation. This study examines the prospect of utilizing corporate rescue to enable private schools meet their credit obligations. It mainly focuses on the use of informal corporate rescue measures to aid private schools meet their credit obligations.
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    Exoneration of convicts in Uganda
    (Makerere University, 2021-12) Kasamba, Emmanuel
    A convict is defined as a person who has been found guilty of a crime and is serving a sentence of confinement for that crime. Being found guilty by a court is not proof of objective guilt (factual guilt) but is an indication that the evidence adduced to court point to the conclusion that the accused committed the said crime.
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    Electronic health: An assessment of the regulatory framework in Uganda
    (Makerere University, 2021-12) Mpaata, Jerome Owagage
    The World Health Organisation (WHO) defines Electronic Health (eHealth) as the use of Information and Communication Technologies (ICT) for health1. In resolution WHA58.28 (2005)2, The World Health Assembly (WHA) stressed that eHealth, properly so called, must employ ICT cost-effectively and securely to support health and health-related functions. These were identified to include health-care services, health surveillance, health literature, and health education, knowledge and research.
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    Structural interdict: a plausible means to ending Uganda’s entrenched abuse of the right to maternal healthcare
    (Makerere University, 2021-12) Chebet, Ruth
    Uganda is a party to a host of international and regional instruments that explicitly demand for provision of avenues that enable enjoy¬¬¬ment of good maternal health; and in September 2015, Uganda together with the rest of the world, made a commitment to improve maternal health and as result, Goal 3 of the Sustainable Development Goals (SDG) came into existence. Uganda’s mortality rate as of 2016 (Nationally representative data on these indicators are measured every five years using Uganda Demographic Health Survey data) stood at 336 deaths per 100,000. The estimated annual rate of decline of 5.2 percent is below the 7.5 percent established in the Health Sector Development Plan (2015/16–2019/20) as the rate required to achieve the SDG target of 140 by 2030. Significant effort is also required to meet the National Development Plan III target of 211 by 2025. The right to maternal health is one of the most abused rights in Uganda and one that has gone without long term redress. Luisa Cabal and Morgan Stoffregen report that globally, over a half a million women die each year due to complications during pregnancy and childbirth, with 99% of these deaths occurring in the global south. They further report that nearly all of these deaths are preventable because the majority of deaths are caused by hemorrhages, sepsis, hypertensive disorders (particularly eclampsia), prolonged or obstructed labor, and unsafe abortions According to UNICEF, Uganda has registered slight progress in reducing child and maternal mortality, according to the Uganda Demographic Health Survey (UDHS) 2016. It still ranks among the top 40 countries in the world for high maternal, newborn and child mortality rates. The UDHS 2016 estimated 368 deaths per 100,000 live births - approximately 15 pregnant women dying every day due to direct causes like hemorrhage and hypertensive disorders compared to 438 deaths per 100,000 live births in 2011 (UDHS 2011). The New Humanitarian, an independent Journalism website reported that, “Bribes, poorly trained medical staff and the lack of medical care for pregnant HIV-positive mothers are among the reasons for high rates of infant and maternal mortality in Uganda. NGOs want to see more government action.” The Health Sector ranks among the least of the government’s priorities. In a span of over half a decade, its financing has never exceeded 10 percent of the national budget, yet most Ugandans cannot enjoy the highest attainable standard of physical and mental health. Accounts of preventable maternal deaths are not uncommon. In 2011 Sarah Boseley reported for The Guardian, a British news agency, two of such accounts which were now matters in the Constitutional Court of Uganda: She further reported that expectant mothers have continued to die in government hospitals under similar circumstances. Nurses and doctors solicit money out of them and other maternal health consumables and in the event that they fail to raise the money or other materials they are left unattended to which leads to their death and this violates their right to life and that Uganda is not spending the money it promised on maternal and child health. The World Health Organisation mother and baby package, which the government agreed to implement, specifies spending of $1.40 per capita. Uganda spend(s) just 50 cents
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    Artificial intelligence and the right to privacy in Uganda
    (Makerere University, 2021-12) Atuhaire, Edna
    The topic of Artificial Intelligence (AI) has been prominent since 1950s. The development of computers capable of mimicking human capabilities was once considered very improbable yet today it is seen taking over in our everyday lives. The full prospects of the technology are still unexplored nevertheless it is being applied across all major sectors in the world like aerodynamics, food industries, bio-tech, medicine and so on. Uganda- like many other developing countries- is not as technically advanced as the global west. It only just recently started to apply AI technologies into its governance systems like security.1 This technological introduction brings to question the applicability and enforceability of the Article 27 of the 1995 constitution. Article 27 provides for the ‘right to privacy of person, home and other property’. For a long time, this right was not advanced in respect to technological developments. This emerged as a loophole especially after the adoption of the Regulation of Interception of Communications Act (RICA) in 2010.2 The state countered this lacuna by adopting the Data Protection and Privacy Act of 2019 (DPPA). This Act, prima facie, manifests as a comprehensive law in regards to the technological advancements that affect the right to privacy. Regardless, with the increasing ease with which personal information can be -and is- collected using AI systems, there is a need to reassess the laws regarding the type of data and information collected, how it is collected and whether the rights of the citizens are protected on all counts. This research does just that.
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    Legal aspects of sustainable environmental land use management
    (Makerere University, 2021-12) Mulindwa, Fredrick
    Sustainable Land use management is concerned with the ways in which land is used for production, conservation, housing, urban and industrial development, infrastructure and roads, recreation and leisure, mining, landscaping, arable farming and crop production by way of following a knowledge based research aiming at preservation use for future generation. It encompasses the biosphere and the activities carried thereon. Kampala Capital City is enormously challenged in the areas of proper planning, land use management, sustainable use of resources, implementation of the said plans, ineffective law and political interference. This study therefore gives a clear picture of the inadequacies in the legal regime of sustainable land use management, highlights the different areas that need due attention for consideration, and suggests by way of recommendations that relate to undertaking the legal remedy in the attempt to achieve sustainable land use management in Kampala Capital City.
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    An appraisal of the jurisprudence of the industrial court of Uganda on unlawful termination
    (Makerere University, 2021-12-19) Nakayiza, Sarah
    This study is an examination of the efficacy of the Industrial Court in protecting the rights of employees during termination of the contract between employees and employers. The Industrial Court of Uganda started being operation in the 2014 after its establishment by the LADASA to arbitrate on labour disputes referred to it and to adjudicate upon questions of law and fact arising from references to it by any other law. The Industrial Court of Uganda was established to handle labour disputes and its mission is to effectively and efficiently deliver and adjudicate labour justice for all in line with international Labour Organisation standards and National development Plan. However, to date, since its establishment Ugandan many employees are yet to feel the impact of the Industrial court because of being one in the whole country with no branches elsewhere but only in Kampala. Due to the above situation the researcher was encouraged to investigate the efficacy of the Industrial Court in the protecting of rights of employees during unlawful termination by employers. Through desk research, the reviewed studies of various scholars, decided cases, writings in journals and internet sources that assisted in coming up with useful observations, conclusion and recommendation. The study revealed that the Industrial Court was effective in delivering and adjudicating labour justice for all but was inaccessible to many because of only being station in Kampala. It's on the premise of the above findings that the researcher made a recommendation that more branches in different parts of the country be set up to promote labour justice for all in different parts of the country.
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    The relevance and efficacy of the legal framework on visiting locus in the resolution of land disputes in Uganda
    (Makerere University, 2021-12-20) Aguti, Lorraine
    In the resolution of land disputes in Uganda, courts are enjoined to visit the scene of the land in dispute in order to gather certain facts and evidence to facilitate a fair hearing of the parties' dispute. To facilitate that, laws or instruments have been passed especially by the Chief Justice and the Ministries as were explored to highlight the importance of locus visits in the country. The practice of the courts in Uganda has equally been commendable in that regard. What is "Locus in quo?" and "what role does it play in land justice in Uganda?" These and many more are some of the questions that the researcher poses throughout this dissertation. This dissertation, therefore, tried to make a case for the improved administration of land disputes through the wide adoption of Locus in quo visits in compliance with the requirements of the laws and practice requirements in place.