Non-violent resistance and the law: assessing the efficacy of legal and non-violent methods in Uganda’s struggle for liberation

Abstract

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.