School of Law (S.Law) Collection

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Now showing 1 - 5 of 117
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    The alignment of Uganda’s legal framework with the world health organization’s strategies for ending preventable maternal mortality
    (Makerere University, 2025) Soki, Hildah
    Maternal mortality is major health challenge in Uganda. This paper assesses how Uganda’s legal framework aligns with the World Health Organization’s Strategies for Ending Preventable Maternal Mortality (EPMM). It examines constitutional provisions, key laws and policies. The analysis focuses on core EPMM areas: legal recognition of health rights, elimination of discrimination, universal health coverage, health system strengthening, accountability, and financing. Findings show that while Uganda has made progress particularly through rights-based policies and maternal health surveillance gaps remain in enforcement, access to services, funding, and addressing inequalities. Drawing comparisons from countries like South Africa, Kenya, and Nepal, the paper highlights areas for improvement. It recommends stronger legal reforms, better resource allocation, and enhanced accountability to meet EPMM goals and reduce preventable maternal deaths.
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    The potential impact of the proposal to criminalise buyers and sellers of sex on the human rights of female sex workers in Uganda
    (Makerere University, 2025) Ahebwa, Simon Peter
    The Sexual Offences Bill, 2024 proposes to criminalise not only the seller of sex, but also the buyer. This study explores the potential impact of this proposed criminalisation on the human rights of FSWs in Uganda. Drawing on legal analysis, interviews, and a comparative approach, the research examines how this punitive law if passed into law, could affect the safety, health, and dignity of women engaged in sex work. While framed as efforts to curb exploitation and trafficking, criminalisation of sex work may inadvertently increase stigma, limit access to key essential services, and increase vulnerability to violence. This paper highlights the tensions that exist within criminalisation through feminist and human rights-based lenses. Ultimately, the study calls for a human rights-based approach that centres the voices and lived experiences of FSWs in shaping policy and legal reform in Uganda.
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    Non-violent resistance and the law: assessing the efficacy of legal and non-violent methods in Uganda’s struggle for liberation
    (Makerere University, 2025) Amumpaire, Uthman Desire
    This research explores the complex interplay between non-violent resistance and the law, with a specific focus on implications for Uganda's current legal landscape. The study will focus on Public Interest Litigation and Freedom of assembly as key methods of non-violent resistance, while also considering the limitations of such a legal approach within the specific Ugandan context, given the country’s history of authoritarianism and restrictions on political space. The research also examines how the dynamics of state power influence both the creation and enforcement of law, affecting its efficacy in combating state oppression. The study also explores, a comparative analysis of Kenya whose political and legal landscape that is not dissimilar from Uganda’s, addressing the questions of applicability to the domestic context as well as the legacy of the methods employed in the post-liberation regime. Secondly, it calls into question the effectiveness of the legal framework where restrictive laws are enacted and enforced to facilitate state oppression. By examining legal strategies, judicial decisions, and the role of constitutional and human rights frameworks in this context, the study seeks to identify insights relevant to Uganda’s legal and socio-political landscape. The study concludes that while non-violent resistance can be effective in advancing civil rights, its success in Uganda depends on a nuanced understanding of the country’s legal and sociopolitical context.
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    Localisation of international commercial arbitration on the African continent: the role of arbitral institutions and their gate keeper function in East Africa
    (Makerere University, 2025) Webisa, Youb
    This qualitative study explored how African Arbitral Institutions (AAIs) can ensure that the necessary experience such as due processes, fair hearing and ethics is applied to promote Arbitration in three East African countries, namely; Uganda, Kenya and Rwanda. The rationale is that commercial sector, Arbitration in Africa has risen in response to the many challenges and risks that investor foresee. The study was guided by three major objectives: To highlight the underlying contextual impediments to the acceptance of arbitration from one East African Jurisdiction to another, to illustrate how AAIs are well positioned to deal with these particular problems through exercising their gatekeeper powers liberally, and to make the overarching point that AAIs within the EAC region can effectively gain an international recognition boasted by the ICC and LCIA through collaboration with one another. The study undertook a comparative analysis of the various Laws, case law and scholarly works on the functions of arbitral institutions, through desk review of both physical and online review of secondary sources. The major thesis is that despite African arbitrators having expertise in handling disputes through formal procedures, they may not necessarily be having the requisite experience. Expertise was taken to mean the legal and formal training that arbitrators possess, while experience was understood as the ethical professionalism that should applied to arbitral proceedings. Among the study findings is that AIs mainly operate Adhoc, due to practitioner inexperience. Also, mistrust, limited oversight and supervision on privately owned AIs in East Africa was found to be a limitation to their full functionality. The study recommends that AIs in the countries of Kenya, Rwanda and Uganda should popularise their services to increase public awareness. But also strive to be more professional in their services so as to build more trust. And finally, the study recommends that AIs in East African should collaborate and benchmark with global HRWEAIs to learn and adopt best practices so as to be more attractive and relevant.
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    Assessing Uganda’s realization of LGBTQIA+ rights: a case study of sexual and reproductive health rights under the Anti-Homosexuality Act
    (Makerere University, 2025) Lutaaya, Joshua Kimbowa
    This dissertation explores the intersection of Uganda’s anti-homosexuality legislation and the right to health, focusing on its implications on sexual and reproductive healthcare access. The right to health is a fundamental human right guaranteed to all individuals, irrespective of their social, legal, or economic status. Even individuals in prison, though believed to be wrongdoers with their right to liberty, assembly, association, expression among others are restricted, they remain entitled to medical care. For as long as an individual exists, they remain entitled to access sexual and reproductive health care.