School of Law (S.Law) Collection

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https://dissertations.mak.ac.ug/handle/20.500.12281/4092

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    Assessment of the legal and institutional framework for implementing the polluter pays principle in addressing industrial pollution in Uganda
    (Makerere University, 2026) Agasha, Justine.
    This research dissertation examines the legal and institutional framework governing implementation of the Polluter Pays Principle (PPP) in Uganda. Drawing on the Constitution of Uganda, the National Environment Act Cap 181 sector-specific statutes, subsidiary legislation, international treaty obligations, and judicial decisions, it assesses the extent to which Uganda’s framework translates the PPP from legal prescription into enforcement reality. The research finds that Uganda formally recognises the PPP but that the institutional framework is fragmented and under-resourced, enforcement practice is chronically weak, financial penalties are insufficient to deter large industrial polluters, and governance failures including political interference systematically undermine implementation. Civil society litigation has partially compensated for institutional deficits but cannot substitute for systematic regulatory enforcement. Targeted legislative, institutional, enforcement, regulatory and accountability recommendations are advanced.
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    The legal implications of the international court of justice's advisory opinion: Climate change obligations for African States
    (Makerere University, 2026) Akankwatsa, Isabel
    On 23 July 2025, the International Court of Justice delivered its landmark Advisory Opinion on Obligations of States in Respect of Climate Change, constituting the most authoritative judicial statement yet made on State obligations under international law to protect the climate system. This dissertation examines the implications of that Opinion for developing African States, situating the analysis within the foundational international climate law framework from the UNFCCC and Kyoto Protocol through to the Paris Agreement and the principle of Common but Differentiated Responsibilities and Respective Capabilities. Africa, responsible for less than four percent of global cumulative greenhouse gas emissions, bears disproportionately severe climate impacts, rendering the Opinion's treatment of differentiation a matter of acute legal significance. Through doctrinal analysis of the Opinion's customary international law and treaty-based findings, the human rights-climate nexus, and the separate opinions of the three African judges, the dissertation concludes that while the Opinion makes landmark normative contributions, it fails to translate CBDR-RC into operationally specific differentiated obligations. The research recommends legal and institutional pathways through which African States, the African Union, and international legal bodies can address this deficiency, leveraging the Opinion to advance climate justice, finance accountability, and domestic implementation. The integration of climate and human rights obligations provides both African States seeking to hold major emitters accountable and domestic courts adjudicating climate cases with a powerful and authoritative legal framework. And the Opinion's specific references to Africa through the UNCCD, through UNFCCC provisions targeting African vulnerability, and through its factual acknowledgement that Africa bears disproportionate climate impacts despite negligible historical responsibility situate the global legal analysis within a factual framework that African States can and must deploy in subsequent proceedings. Concluding that, The ICJ Advisory Opinion has confirmed, with the authority that States bear binding legal obligations to prevent significant harm to the climate system, that those obligations are calibrated by the principle of common but differentiated responsibilities and respective capabilities to each State's historical contribution and developmental capacity, and that the human rights of present and future generations depend on the adequate discharge of those obligations.
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    The human rights implications of solitary confinement in the prison system
    (Makerere University, 2026) Acom, Philomena
    While the term solitary confinement does not appear in several legislations, prisoners in all states and territories can be placed in isolation for periods of time that exceed the United Nations Standards. Solitary confinement is an embedded strategy used to manage ‘difficult’ prisoners, but legal and psychological research indicates that placing a person in solitary confinement, even for a short period of time can result in various psychological harm. Most prisoners will be released, and if they are unable to integrate into society, they may pose an increased risk to members of the community. Courts have condemned the use of solitary confinement on human rights grounds, particularly the right to humane treatment when deprived of the right to liberty, the right to life and the right to be free from cruel, inhuman and degrading treatment. It is argued that since there are a number of less restrictive alternatives available, placement in solitary confinement may not be a reasonable or justifiable limitation on prisoner’s human rights.
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    Towards the demilitarisation of elections in Uganda
    (Makerere University, 2026) Katsigazi, Nobert
    This dissertation examines the militarisation of Uganda’s electoral processes and proposes pathways towards their demilitarisation by exploring the historical roots, legal implications and socio-political consequences of electoral militarisation. Historically, the study traces militarisation from the colonial era through the post-colonial regimes of Milton Obote and Idi Amin to the current National Resistance Movement administration. It argues that the political-military fusion under the NRM has transformed elections into a mere façade where power is maintained through state sponsored violence and intimidation rather than popular consent. The research highlights how military, intervention, including physical presence at polling stations undermines the fairness and credibility of elections while violating fundamental human rights.
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    A critical analysis of criminal liability under Ugandan Data Protection and Privacy Act, Cap 97: a case study of Uganda’s digital lending sector
    (Makerere University, 2026) Oyua, Chris Charles.
    This study examined the effectiveness of Sections 35 to 39 of the Data Protection and Privacy Act, Cap 97 in regulating criminal liability within Uganda‟s digital lending sector. The study specifically assessed the extent to which the Act establishes individual and corporate liability for unlawful processing of personal data, the enforcement challenges faced by the Personal Data Protection Office (PDPO), the deterrent effect of sanctions provided under the Act, and how Uganda‟s criminal enforcement model compares with the administrative enforcement framework under the European Union General Data Protection Regulation (GDPR). The study adopted a descriptive cross-sectional research design using a mixed-methods approach combining qualitative interviews and secondary legal analysis. Data was collected from key informants including officials from the PDPO, the Criminal Investigations Directorate, the Uganda Microfinance Regulatory Authority, the Judiciary, and selected digital lending companies. The findings reveal that while Sections 35 to 39 of the Act provide a strong legal foundation for criminal liability in data protection, enforcement remains limited due to institutional, technological, and jurisdictional challenges. The PDPO faces difficulties in investigating offshore and anonymous digital lenders, as well as, evidentiary constraints in prosecuting digital offences. Although sanctions under the Act, including imprisonment and fines, demonstrate strong legal deterrence in principle, their practical effectiveness is weakened by low monetary penalties and limited enforcement intensity. The study further finds that Uganda‟s enforcement model is more punitive compared to the GDPR‟s administrative approach, which prioritises compliance and corrective enforcement. The study concludes that although Uganda‟s legal framework under the Data Protection and Privacy Act in regulating criminal liability within Uganda‟s digital lending sector is robust in design, its effectiveness depends on strengthened institutional capacity, clearer regulatory guidance, and improved enforcement coordination. Recommendations include strengthening PDPO capacity, clarifying consent standards, enhancing cross-border enforcement mechanisms, and adopting a more balanced enforcement pyramid combining administrative and criminal measures