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1
Nwagu, Chinedu Yves. "Counter-Terrorism and human rights protection in Uganda : preventing wrongs without violating rights." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12573.
Full textAbstract:
Critically analyzes the existing legal framework for counter terrorism
in Uganda and draws from relevant regional and international instruments related to the
topic. In conducting this analysis, the author assesses the conformity of the antiterrorism
legislation in Uganda in comparison with relevant African states. Uses regional and international counter terrorism frameworks. Also examines the human
rights implications of practically enforcing these legislations. Lastly, the author compares international and regional human rights standards and best practices in combating terrorism in other
parts of the world.A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
2
Musonda, Patience Chomba. "Human Rights assessment on the reintegration of child soldiers in Uganda." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/37364.
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3
Mo, Karin. "The Practical Implementation of Human Rights – Universal or Contextual?" Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-267286.
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This thesis aims to explore how human rights practitioners interpret human rights (as either universal or contextual), and if their interpretation influence the way in which human rights are implemented in development assistance. In order to answer this question, I have conducted field studies in Stockholm, Sweden and Kampala, Uganda. By viewing the outcomes of these field studies through a theoretical lens concerning the universality or contextuality of human rights, the study intends to cast light on human rights practitioners’ own personal notions of human rights and what implications these views have for development assistance. The study shows that all of the respondents in the case studies share a common view concerning the universality of human rights, and that the rights articulated in the Universal Declaration of Human Rights (UDHR) are indeed universal and should be shared by all people everywhere. That being said, the result also demonstrate that there is a common notion among the respondents from Kampala that this universality does not exists in the practical implementation of human rights in development assistance. Furthermore, the results show that all respondents see that clear prioritizations are made in terms of which rights are focused on in the field of development assistance specifically. The respondents perceive these prioritizations to be set on the basis of the political agenda of the international community and major donors. Which priorities end up at the top of the agenda depends on any number of cultural, historical, ideological and economic factors that differ from situation to situation. In light of these findings, I argue in this study that there exist weaknesses in the universal approach to human rights that are claimed by Jack Donnelly and the donor community when it comes to practical implementation in development assistance. The results of this study show that the universality of human rights is threatened by uneven power dynamics that exist between donors and partner countries. This has implications for the ability of both practitioners in the field of human rights and donors to instill confidence in a local context. Therefore, this thesis suggests that there is a need for a re-examination of how this universality is approached from the international community and the donors when it comes to the practical implementation in development assistance in order for the common goal to be fulfilled.
4
Nyalugwe, Gina Nyampachila. "A Human Rights based approach to the psychiatric treatment of mental illness among prisoners in Uganda." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18630.
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Reports of people with mental disorders without access to treatment are a major occurrence in prisons outside and within Africa. An estimated 450 000 000 people worldwide suffer from mental or behavioural disorders. The disproportionately high rate of mental disorders in prisons is due to several factors. The factors include the widespread misconception that all persons with mental disorders are a danger to the public; the general intolerance of many societies to difficult or disturbing behaviour, the failure to promote treatment, care and rehabilitation, and above all the lack of or poor access to mental health services in many countries.
Many of these disorders may be present before admission to prison and may be further exacerbated by the stress of imprisonment. However mental disorders may develop during imprisonment itself as a consequence of prevailing conditions.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
5
Doya, Nanima Robert. "The legal status of evidence obtained through human rights violations in Uganda." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/4925.
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Magister Legum - LLMThe Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. This research establishes how jurisdictions like South Africa, Canada, Kenya, Zimbabwe and Hong Kong deal with evidence obtained as a result of human rights violations. It establishes the position of international law on evidence obtained through human rights violations. The research then employs the comparative study to establish the status of evidence obtained through human rights violations in Uganda. This study helps in the improvement of the practice of evaluating evidence in courts, by providing recommendations to policy makers and judicial officers in the criminal justice system on how to handle evidence at the pretrial stages in order to greatly attempt to contain the consequences of this evidence.
6
Andersson, Erik. "Political Rights for Refugees in Uganda - A Balance Between Stability in the State and Respect for Human Rights." Thesis, Umeå universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-88167.
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Dasanayake, Upulee. "NGOs and the globalization of universal human rights a "Do No Harm" approach to human rights advocacy /." Fairfax, VA : George Mason University, 2008. http://hdl.handle.net/1920/3424.
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Thesis (M.S.)--George Mason University, 2008.Vita: p. 113. Thesis director: Mark Goodale. Submitted in partial fulfillment of the requirements for the degree of Master of Science in Conflict Analysis and Resolution. Title from PDF t.p. (viewed Mar. 9, 2009). Includes bibliographical references (p. 107-112). Also issued in print.
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Chabane, Polo Evodia. "Enforcement powers of national human rights institutions : a case study of Ghana, South Africa and Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5295.
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The purpose of this study is to analyse the effectiveness of the Uganda Human Rights Commission UHRC), which possesses judicial powers vis-à-vis the Commission on Human Rights and Administrative Justice of Ghana (CHRAJ) and the South African Human Rights Commission (SAHRC) which do not
possess such powers. The difference notwithstanding, all the three have been rated as the best national
institutions in Africa. Due to time and space constraints, one will focus specifically with the mandates of
the three commissions and in particular, on the different or distinct mandates assigned to them, namely,
that of CHRAJ to deal with corruption, that of SAHRC to deal with economic, cultural and social rights
and UHRC of dealing with torture matters and generally of constituting a tribunal. This study was motivated by the fact that Lesotho will be setting up a national institution in 2008 and one would like to
draw lessons from these institutions and pick up elements that could best suit Lesotho.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Kofi Quashigah of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
9
Balikowa, David Ouma. "The human rights-based approach to public health: an inquiry into the challenges of its adoption in Uganda." Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9712_1365583578.
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Knowledge about the challenges in adopting the Human Rights Based Approach (HRBA) to public health is still limited, necessitating an exploration into the subject. The purpose of this study is to contribute to strengthening the implementation of the HRBA to public health in Uganda. The aim was to explore challenges to the implementation of this approach The objectives of this study were to examine whether there is a shared understanding and agreement among stakeholders about the meaning and potential value of the Human Rights Based Approach (HRBA) to public health, and to describe stakeholders&lsquo
perceptions on the challenges to the adoption and implementation of the HRBA to public health.
10
Jesse, Mugero. "Uganda's response to the phenomenon of enforced disappearances and the transitional justice response in Uganda." University of the Western Cape, 2017. http://hdl.handle.net/11394/6143.
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Magister Legum - LLMEnforced disappearances are a heinous violation of numerous human rights enshrined in many international conventions. However, they have not been adequately addressed in many jurisdictions. This crime is very common within countries on the continent of Africa, which despite having plenty of conflicts, under report cases of enforced disappearances. This research paper investigates the transitional justice mechanisms implemented in Uganda to deal with the phenomenon of enforced disappearances. It analyses the mechanisms implemented by the Government of Uganda and those by Non- Governmental Organisations. The paper examines also how the phenomenon of enforced disappearances has been dealt with in other countries such as Morocco, Kenya and South Africa. The paper suggests several recommendations to Uganda after having made a comparison with the selected countries on how to deal with the crime of enforced disappearances.
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Kabagambe, Agaba Daphine. "Analysing human rights accountability towards ending preventable maternal morbidity and mortality in Uganda." University of the Western Cape, 2018. http://hdl.handle.net/11394/6311.
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Doctor Legum - LLDThe persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and disability for men between ages 15 and 44 that comes close to the large scale of maternal mortality and morbidity.1 Thus, the prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the causal factors of preventable MMM and interventions needed to reverse the pervasively high numbers are now well known. Yet, hundreds of women continue to die daily and to suffer lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and programmatic strategies, the most recent survey revealed that the maternal mortality ratios were at a staggering 438 per 100,000 live births.2 This study attributes the continued prevalence of high MMM rates to lack of accountability that would ensure services and resources are being maximized and redistributed equitably. Lack of effective accountability mechanisms in place encourages unbridled financial, human and technical resource wastage, diversion, non-utilization and embezzlement of funds. It is not enough that medical equipment, personnel and finances are increasingly being allocated to the health sector by the Government. Without effective tracking and supervisory mechanisms, these additional financial, technical and human resource allocation will most likely not translate into reduced MMM rates. Sadly, in Uganda, the role of accountability towards the operationalization of human rights is underappreciated. In fact, many health sector practitioners are unaware of the ways in which accountability can be implemented. Despite the recent infiltration of the term 'accountability' into laws and policies, it remains an elusive and fuzzy concept. Further still, as demonstrated throughout the study, accountability has been popularized by international and regional human rights monitoring mechanisms such as the UN treaty bodies, African Commission but at the domestic level, great strides have yet to be made in infusing human rights accountability into laws, policies, programs and practices in a way that will reverse the high MMM. The domestication of accountability is vital because human rights ideals are only turned into actual implementable strategies at the national level. A direct focus on Uganda would allow for the undertaking of the country's own specific challenges within its domestic context.
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Kabagambe, Agaba Daphine. "Analysing human rights accountability towards ending preventable maternal morbidity and morality in Uganda." University of the Western Cape, 2017. http://hdl.handle.net/11394/6304.
Full textAbstract:
Doctor Legum - LLDThe persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and disability for men between ages 15 and 44 that comes close to the large scale of maternal mortality and morbidity. Thus, the prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the causal factors of preventable MMM and interventions needed to reverse the pervasively high numbers are now well known. Yet, hundreds of women continue to die daily and to suffer lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and programmatic strategies, the most recent survey revealed that the maternal mortality ratios were at a staggering 438 per 100,000 live births.
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McQuaid, Katie. "'Another war' : stories of violence, humanitarianism and human rights amongst Congolese refugees in Uganda." Thesis, University of Sussex, 2015. http://sro.sussex.ac.uk/id/eprint/54026/.
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Okurut, Emmanuel. "Preventing human rights violations by law enforcement during counterterrorism operations in Kenya and Uganda." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64630.
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The problem of terrorism has escalated over the past two decades and has continuously posed a challenge to global peace and security. While the major terrorist organizations like ISIS and al-Qaeda have devastated the Middle East, Europe and the United States, the East African region has not been an exception to the influence of radical Islamist terrorist groups. Kenya and Uganda have particularly been targeted by al-Shabaab, a Somali based Islamist terrorist group that has sworn allegiance to al-Qaeda. These attacks have mainly been in response to the deployment of military troops under the AU’s peace-keeping mission in Somalia (AMISOM. In addition to the threat by al-Shabaab, the two countries have also battled internal home-grown terrorist organizations that have threatened the peace and security of their respective homelands.
In response to the threat of terrorism and its impact on the various institutions, the international community adopted the United Nations Global Counter-Terrorism Strategy to fight against terrorism in order to preserve peace and security. These counterterrorism measures also contain safeguards that are designed to ensure that states do not unjustifiably infringe on human rights. The African region under the African Union has also adopted counterterrorism measures under the OAU Terrorism Convention and numerous other instruments which tackle the problem of terrorism in great detail.
Kenya and Uganda have been vulnerable to terrorist attacks and have adopted some interventions including the adoption of counterterrorism legislation and reinforcing law enforcement to be able to respond better to the threat of terrorism. Kenya enacted its Prevention of Terrorism Act in 2012 while Uganda’s Anti-Terrorism Act was passed in 2002. There are a number of legitimate counterterrorism measures within these pieces of legislation for example the criminalization of terrorism and terrorist organizations. However, there is a danger that some of these interventions may unlawfully erode fundamental human rights and freedoms. This is particularly true for their counterterrorism police and security agencies which usually conduct their operations in secret with no clear channels of accountability. This poses a challenge for any effective form of review because most of such operations are protected as state secrets. The thesis examined the extent to which counterterrorism legislation and policy affects the enjoyment of human rights. The analysis showed that there were some significant deficiencies in the counterterrorism legislation of Kenya and Uganda. The most prominent challenges were the lack of supervision and review of exercise of discretion by law enforcement during counterterrorism operations, and weak accountability frameworks. In this regard, the thesis recommends the immediate codification of the Joint Anti-Terrorism Taskforce of Uganda; the amendment of the Uganda Police Act to take into account proportionality in the use of force by law enforcement; the amendment of the Anti-Terrorism Act of Uganda to remove the unfettered discretion of a security officer; and the inclusion of the right to silence and the right to apply for release from unlawful custody in Uganda’s Constitution.
A closer look at the practice of counterterrorism agencies also reveals a pattern of gross violation of human rights and disregard for the rule of law. Such unlawful conduct also violates the principles of democracy that require public officials to be accountable for actions taken in their official capacity. In an effective democracy, public officials are appointed by the authority of the public and they serve the collective interests of the society at large. In addition, there are certain law enforcement accountability mechanisms that are established in order to ensure the efficiency, professionalism and discipline of the police forces. While most of these accountability mechanisms are carefully thought out and drafted, they are not always implemented in practice. Nevertheless, they constitute a potential avenue for the prevention of abuse of human rights during counterterrorism operations. In order to improve the overall effectiveness and accountability of the police forces, the thesis recommends freeing the police from undue influence of the executive branch of government; exercising accountability before, during and after counterterrorism assignments; education of law enforcement officials in the protection and promotion of human rights; and improving the living and working conditions of members of law enforcement in order to prevent unprofessionalism.Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted
15
Malagala, Tenywa Aloysius. "Bilateral Donors and a Human Rights-Based Approach to Development Cooperation : Sida and the Right to Health in Uganda." Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.520053.
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Jonsson, Hannes, and Björn Pålsson. "Perceptions from within : A minor field study about the discourses of human rights in Uganda." Thesis, Linköpings universitet, Statsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-60348.
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In 2009 a member of the Ugandan parliament presented a draft law called ”the Anti-homosexuality bill”. The bill included further restrictions against homosexuality, which already is a crime in Uganda. For instance it suggested that homosexuals should be sentenced to death. The world reacted strongly to this draft law and proclaimed it to violate principles of universal human rights. Media, political leaders and non-governmental organisations all over the world condemned the draft law and a discussion about human rights in Uganda rose. The perception of the international society, criticising the draft law, seemed to be that human rights are universal and should be valid in every state of the world, whereas the message from Ugandan politicians indicated that they ought to be able to legislate without any external interference. This thesis aims to define discourses of human rights within the Ugandan society. We will focus on the Ugandan government and the Ugandan civil society and we will distinguish differences between urban and rural areas. To be able to define a discourse of human right in the Ugandan civil society we performed a field study in the country during eight weeks from April to June 2010. This was made possible through a minor field study scholarship (MFS), funded by SIDA. With our base in the capital Kampala we travelled around the country to visit and interview organisations in both urban and rural areas. The gathered data was then analysed and compared with the data of the Ugandan government, which was achieved through text analyses. Our thesis will show that there are apparent differences in discourses and perceptions of human rights. We divide the studied areas into three discourses; the government, national NGOs and regional NGOs. In the last part of our thesis we will present conclusions and reflections about the result of the field study.
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Nyaundi, Kennedy Monchere. "How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda?" Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12912.
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Includes bibliographical references.This thesis explores the impact of counter terrorism measures on human rights in Kenya and Uganda. It identifies terrorism as a global problem and reviews its common features. It recognises that the human cost of terrorism has been felt in virtually every corner of the world. It analyses the nature and scope of trends of terrorist activities in Kenya and Uganda, offers possible reasons for the increase of incidents of terror and considers the challenges in combating terrorism in these countries. The thesis outlines the fundamental freedoms that are most commonly engaged in the fight against terrorism and describes states’ obligations in respect of those rights. It recognises that a significant effect of terrorist activity is the tendency to pit security against human rights. It demonstrates that legislation intended to strengthen anti terrorism efforts raise serious concerns in relation to international and domestic human rights law. The thesis investigated one central concern: How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda? To answer this question, the study sought to investigate several related questions: In the enforcement of counter terrorism measures, is it possible for governments to play by the constraints of the rule of law? Is freedom during times of emergency as important as during peacetime? Is it possible and practical to observe art 4 of the ICCPR in the war against terrorism or should a lower threshold be established?
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Mugero, Jesse. "Uganda's response to the phenomenon of enforced disappearances and the transitional justice response in Uganda." University of the Western Cape, 2016. http://hdl.handle.net/11394/6278.
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Magister Legum - LLM (Criminal Justice and Procedure)Enforced disappearances are a heinous violation of numerous human rights enshrined in many international conventions. However, they have not been adequately addressed in many jurisdictions. This crime is very common within countries on the continent of Africa, which despite having plenty of conflicts, under report cases of enforced disappearances. This research paper investigates the transitional justice mechanisms implemented in Uganda to deal with the phenomenon of enforced disappearances. It analyses the mechanisms implemented by the Government of Uganda and those by Non- Governmental Organisations. The paper examines also how the phenomenon of enforced disappearances has been dealt with in other countries such as Morocco, Kenya and South Africa. The paper suggests several recommendations to Uganda after having made a comparison with the selected countries on how to deal with the crime of enforced disappearances.
19
Whittaker, Nicola. "Human rights implementation and compliance : prospects for realising the AU convention on internally dosplayced persons in Uganda." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16785.
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Africa is home to more than 40% of the world’s population of internally displaced persons (IDPs).4 IDPs,
according to the Guiding Principles on Internal Displacement5, are persons or groups of persons who
have been forced to leave their homes or places of habitual residence as a result of – or in order to
avoid the effects of – armed conflict, situations of generalized violence, violations of human rights,
natural disasters or human-made disasters, and who have not crossed an internationally recognised
state border.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr. S Tindifa at the Faculty of Law, Makerere University, Uganda. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Muwanguzi, Robert Mugagga. "Examining the use of transitional justice mechanisms to redress gross violations of human rights and international crimes in the northern Uganda conflict." University of the Western Cape, 2017. http://hdl.handle.net/11394/6229.
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Doctor Legum - LLDUganda and her citizens have endured a troubled, violent, conflict-prone history since independence from the British on 9th October 1962. Conflict in Uganda, just like in many an African country, has its primary root causes in the colonial legacy which sowed a fertile ground for several other secondary causes of present day subsisting conflicts. During Uganda's various military conflicts millions have had their human rights and civil liberties violated with impunity. At the end of each conflict and / or crisis, Uganda has had to grapple with the challenge of finding a lasting solution amidst the significant losses made by the country, many ethnic groups and her citizens. No long term viable and efficient solution or mechanism has been introduced or instituted to forestall future conflicts. What appears to have been introduced or instituted are stopgap measures. Since President Yoweri Museveni took over power on 26 January 1986, a military conflict has been raging in northern Uganda and the surrounding areas spanning eastern Uganda, South Sudan, the Democratic Republic of Congo (hereafter: 'DRC'), the Sudan and the Central African Republic (hereafter: 'CAR'). In this decades-old conflict, the war has primarily pitted the Lord's Resistance Army (hereafter: 'LRA') against the Uganda Peoples Defence Forces (hereafter: 'UPDF'). Like many conflicts, the more than twenty-year-old contestation has resulted in the gross violations of human rights of millions of people situated across five African states. The human rights violations, which have resulted in the commission of international crimes have been perpetrated and perpetuated with impunity by both warring parties (LRA and UPDF). Although initially an internal conflict, the conflict in northern Uganda has catapulted itself into an international conflict based on the parties involved, the interest generated, the crimes committed and the areas and people affected by it.
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Owor, Maureen. "Making international sentencing relevant in the domestic context : lessons from Uganda." Thesis, University of Bristol, 2009. http://hdl.handle.net/1983/3d520048-dba7-4393-ba22-664923c079c3.
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This thesis is about achieving local procedural legitimacy through fair, culturally relevant sentencing procedures. Its scope, is reconciling international due process guarantees and a traditional notion of rights, in sentencing procedures of the International Criminal Court. My interest in this topic arose from the 2003 Uganda Law Reform Commission study on sentencing legislation reforms. There, participants regarded clan courts as functional in rural areas, because they had more informal, conciliatory sentencing processes than the ‘alien’ national courts. I later became aware that incorporation of traditional restorative processes may also help solve problems of legitimacy at the international level, as manifested in the case of Joseph Kony, discussed in Chapter 1 of this thesis. I then investigate whether the international sentencing framework could accommodate features of traditional restorative process despite incongruent standards, and if so, how this could be achieved. I argue that procedural rights ought to underpin this reconciliation, harnessing aims of international criminal justice with traditional restorative justice. Through my translation model, I propose small structural changes to international sentencing practice, and doctrinal reforms based on precedent. Using critical legal analysis and a small empirical study, the thesis demonstrates how translation could achieve just, culturally apposite sentencing outcomes. The International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone provide insight into challenges to accommodating African normative standards. Nominal guidance from the African human rights mechanism and national courts, on an African notion of procedural fairness, further complicates this reconciliation. I conclude that we could translate laws across divergent legal systems, drawing from experiences of clan courts that assimilate legal structures and concepts from national courts. Major international instruments: Rome Statute 1998, United Nations International Covenant on Civil and Political Rights 1966 and the African Charter on Human and Peoples’ Rights 1981, are evaluated against this model.
22
Maseko, Thulani Rudolph. "The writing of a democratic constitution in Africa with reference to Swaziland and Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1146.
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"The writing of constitutions in Africa in the 1990s seems to have become fashionable after years of political wilderness following decades of one-party rule, military dictatorships and no-party regimes. African states engaged in the process of crafting new and democratic constitutions in search of democratic and legitimate governance based on the free will of the peoples, and to foster democratic traditions. Transition to democracy is a sacred undertaking, the challenge of which is to develop constitutional and institutional mechanisms in the hope of building viable and durable democratic values and practices that would guarantee political stability, peaceful and orderly change of government, the rule of law and the complete respect for human rights. Constitution-making must be seen as a means of bringing peace and creating a stable and prosperous African continent where the people take charge of the governance and their political and economic destiny in complete freedom. This study inquires into the extent to which this goal has been achieved, with particular reference to Swaziland and Uganda. Swaziland is the only absolute monarchy in the Southern Africa region after Lesotho adopted a democratic constitution in 1993, with the King becoming a constitutional monarch. Uganda has been operating under the Movement Political System (MPS) that, until recently, did not allow free political activity. ... The study is divided into five chapters. Chapter 1 focuses on the circumstances (context) and gives an overview of the organizational structure. Chapter 2 deals with the concepts and basic principles of constitutionalism, democracy, and human rights. Chapter 3 scrutinises the legislative mechanisms that set the process in motion and how the constiutional mandate was executed. The chapter considers the effect of the enabling legislation on ratification and implementation of the rights enshrined in the African Charter. It also looks at the role of civil society in influencing the process. To a limited extent, a comparative case study of other processes in Africa, especially the South African and Zambian experiences, is made. Chapter 4 is a discussion of human rights instruments providing for the right to participate; article 13 of the African Charter, article 25 of the International Covenant on Civil and Political Rights (ICCPR) as well as article 21 of the Universal Declaration of Human Rights (UNDHR). A discussion of the content and meaning of the right to participate in international law is made, focusing on the jurisprudence of the African Commission on Human and Peoples' Rights, as well as the jurisprudence of the Human Rights Committee (HRC). Chapter 5 is conclusions and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Peace and Human Rights Centre, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Mulumba, Moses. "Mainstreaming disability into the poverty reduction processes in Uganda : the role of the human rights - based approach to the National Development Plan." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6695.
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Thesis (MPhil (Rehabilitation)--University of Stellenbosch, 2011.ENGLISH ABSTRACT: Research evidence suggesting the link between disability and poverty has been increasing at an alarming rate in recent years. Despite this, there has been very little attention to ensuring representation and inclusion of people with disabilities in poverty reduction processes. However, disability movements and their partners have been increasing pressure to ensure that people with disabilities effectively participate in the development of national development plans targeting poverty reduction. The aim of this qualitative study was to analyze the extent to which the human rights-based approach can be used as an advocacy tool for mainstreaming disability in the national development processes targeting poverty reduction in Uganda. The study was conducted in Kampala and Kiboga districts, and data were gathered between August and October 2009. Key informant interviews and focus group discussions were used for data collection. Eleven participants were purposively selected to participate in key informant interviews. Using these key informants, the snowballing technique was used to identify twenty people that participated in the two focus group discussions, with each having ten participants. A thematic content analysis was used to analyze data, and this involved coding and cataloguing data into emerging themes and subthemes. The study established that despite several legal frameworks in Uganda, disability mainstreaming is still far from being achieved. Translation of policies into practice was identified as a major challenge, making it difficult for people with disabilities to be meaningfully involved in poverty reduction processes. Negative attitudes and misconception of disability by both policy makers and civil society, were also seen to be contributing to the exclusion of people with disabilities in poverty reduction processes and programmes. Lack of capacity and meaningful political representation of disabled people seem to negatively impact on effective participation, monitoring and evaluation of the poverty-reduction processes in Uganda. The study recommends the need to strengthen capacity and advocacy work among people with disabilities and their promoters to ensure their effective participation and inclusion of disability in the national development agenda. It further recommends the need to adopt the human rights-based approach in any development initiative, ensuring disability mainstreaming in policies and the national development plan, in order to effectively address poverty reduction in Uganda. The researcher also challenges disability and development researchers to engage in more wider-scale studies in order to establish more evidence on the need to adopt the human rights-based approach to national development.
AFRIKAANSE OPSOMMING: Navorsingsbewyse wat dui op ‟n verband tussen gestremdheid en armoede het in die afgelope jare onrusbarend toegeneem. Ten spyte hiervan is daar baie min aandag gegee om seker te maak dat gestremde mense by die armoedeverligtingsprosesse verteenwoordig en ingesluit word. Bewegings vir gestremde mense, asook dié bewegings se vennote, het egter al hoe meer druk begin uitoefen om seker te maak gestremde mense neem doeltreffend deel aan nasionale ontwikkelingsplanne wat op armoedeverligting gemik is. Die doel van hierdie kwalitatiewe studie was om te ontleed in watter mate die menseregtebenadering gebruik kan word as ‟n instrument om voorspraak te maak vir die hoofklem wat gestremdheid moet ontvang in die nasionale ontwikkelingsprosesse wat op armoedeverligting in Uganda gemik is.
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Karugonjo, Rose. "An analysis of capital punishment in Uganda in light of international standards and comparable case law." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1035.
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"The study, considering international law and comparable case law on the subject in Africa, argues that Uganda does not comply with international standards in the use of the death penalty for countries that retain it. It h penalty in Uganda can be challenged. It is argued that it may not be easy to challenge the death penalty in Uganda as unconstitutional, but it can certainly be confronted based on the failure to comply with procedural safeguards for those on death row at the domestic, regional and international level.
The death penalty is currently a subject of debate in Uganda by both the public and the Constitutional Court. The fact that Uganda retains the death penalty and that the recent executions were caried out in the most horrendous manner is worrying. There is concern that this might be an emerging trend, which warrants an analysis of the legality of the punishment and its operation in Uganda. Furthermore, the death penalty is still carried out in most parts of Africe, yet there is not much written on the subject. Most of the writings on the subject of the death penalty focus on the USA. This study will contribute to the sparse research on the sujbect in Africa. The value of this research is that it indicates ways that can be used to confront the death penalty that may work not only in Uganda, but also in ohter parts of Africa." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Obenga, Peter. "Transnationalism, an idea of human rights approach to violence against vulnerable groups (case study LGBT communities in Uganda)." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22251.
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This paper investigates the development of transnational human rights activists’ networks and how they operate and influence LGBTI human rights activist networks in Uganda against violence on the Ugandan LGBTI communities. The case study, employs semi structured interviews to investigate, how transnational networks are used as a mobilization too in promoting LGBTI human rights in Uganda. Further investigation is done on how transnational networks influence different social networks within local LGBTI activist groups when dealing with violence against the LGBTI communities. The study is taken from a view point of different local LGBTI activist groups and their close link with other international organizations and human rights bodies specifically from countries such as Sweden. Theories surrounding transnational networks and social networks are used in order to frame both cross border relations and local networks among the LGBTI groups. The study also calls for further research on other actors such as transnational migrants and individual activist including social media activist and their impact on the rights of LGBTI in Uganda.
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Zarifis, Ismene Nicole. "The realization of victims' rights to reparations : assessing the need for a comprehensive reparations program in Uganda." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12500.
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This study seeks to answer the questions that arise when applying the UN framework
to the existing post-conflict situation in Northern Uganda, while at the same time contributing to the discourse on the right to reparation in international law.A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof S. Tindifa, Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University, Uganda.
Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009.
http://www.chr.up.ac.za/
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Trillo, Diaz Liliana. "Protection of access to essential treatment for people living with HIV/AIDS in Uganda from a human rights perspective." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1170.
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"Although the number of new infections has dramatically decreased during the last ten years, portraying this country [Uganda] as the 'AIDS miracle', the number of people already infected and progressing to AIDS is increasing. Acces to anti-retroviral (ARV) drugs, as well as to medicines for treatment of opportunistic infections (TOI), is essential for people living with HIV/AIDS (PLWHA) to enjoy their right to life and health. Although access to these essentail medicines forms part of the core content of the right to health, which states should be able to provide irrespective of their available resources, slightly more than half of the people in need in Uganda were accessing them in June 2005. Of 63,896 PLWHA accessing ARVs, still 83.5 percent are paying the medicines out of their pockets. This is despite the fact that Uganda receives funds from various sources, among which Global Fund to Fight AIDS, Tuberculosis and Malaria (GF) and the US President's Emergency Plan for AIDS Relief (PEPFAR). Although the cost of ARV treatment in Uganda has dramatically decreased since 1997, the price of treatment remains still unaffordable for most Ugandans. ... This study comprises five chapters. The present chapter exposes the problem, the objectives of the study and the research questions, reviews the literature available on the subject, outlines the study's structure, proposes a methodology and points out the study's limitations and relevance. Chapter two sets out the international legal framework of the study. It oulines the scope of the right of PLWHA to access to essential treatment under different international instruments of relevance for Uganda and its connection with other human rights. The chapter also assesses the implications of this right for state and non-state actors. Chapter three sets out the national legal, policy and judicial framework. It explores the action taken by the various branches of the government in addressing the international obligations with regard to access essential treatment. This chapter will also look at the role played by other relevant stakeholders in the realisation of this right in Uganda. Chapter four analyses the various obstacles that impede the realisation of this right at national level, taking into account the globalisation process, the political situation of Uganda, as well as other socio-economic factors. Chapter five provides the final conclusions and recommends legal, judicial and administrative channels towards the realisation of the right to access essential treatment for OLWHA in Uganda." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
[Prepared under the supervision of] Dr. Ben Kiromba Twinomugisha, Makerere University
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Achan-Okitia, Patricia. "The internal displacement crisis in Africa : implementation of national and international law on the child marriage phenomenon in Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5276.
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This research focuses on the role that International Human Rights Law, policy and legislation should play in the protection of the rights of internally displaced children against child marriage. This thesis examines international treaties and domestic laws that purport to prohibit the
practice of child marriage with particular attention to laws relating to the protection of internally displaced children (IDPs).Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law of the University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lana Baydas at the Department of Law, American University in Cairo, Egypt. 29 October 2007
www.chr.up.ac.za
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Mapfumo, Tafadzwa. "Whither to, the judiciary in Zimbabwe? A critical analysis of the human rights jurisprudence of the Gubbay and Chidyausiku Supreme Court benches in Zimbabwe and comparative experiences from Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1145.
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"The judiciary in Zimbabwe used to be viewed as a progressive bench recognised for its activism, particularly its purposive approach in interpreting the Bill of Rights to ensure protection of human rights. It was one of the best Commonwealth judiciaries, which was inspired by international standards in interpreting human rights and at the same time contributed to the origination of normative standards through its decisions. Although Zimbabwe is a dualist system, the judiciary accepted and drew inspiration from international human rights treaties. The Supreme Court (SC) under Chief Justice (CJ) Gubbay (the Gubbay bench) made several progressive pronouncements that favoured the promotion and protection of human rights. In tandem with its tradition of judicial independence, the judiciary interpreted draconian legislation in favour of human rights often striking down the offensive clauses in legislation. Indeed the perception towards the judiciary by the common person was that of a protector of human rights. One landmark human rights decision on the Land Reform Programme (LRP) stated that farm invasions were unlawful and an affront to section 16 of the Constitution. The SC ordered the executive to take necessary measures to ensure that invasions were sanctioned. It further requested the executive to furnish a plan of action for the LRP. The execuitve did not welcome this ruling and the SC judges wre hounded out of office in a clear culmination of judiciary-executive tension. A new bench came in under CJ Chidyausiku (the Chidyausiku bench). This bench made several rulings that took away individual property rights without justification. In a clear shift of jurisprudential ideology, the current bench has not engaged in activism resulting in less, if not no, protection of human rights. The disparity in the jurisprudence is evident in other cases. The current bench seems to have abrogated its mandate to protect human rights. This study is thus prompted to investigate why the different benches in Zimbabwe have produced totally variant jurisprudence, particularly in light of the fact that the judiciary is operating under the same laws and is appointed under the same procedures as before. ... Chapter 1 sets out the focus and content of the study. Chapter 2 gives a national framework for human rights protection in Zimbabwe. This looks at the structure of courts in Zimbabwe. Special emphasis is placed on the SC as the court that has the prime mandate of protecting human rights. Constitutional guarantees for the independence of the judiciary and the Bill of Rights, among others, is analysed. Chapter 3 deals with human rights jurisprudence of the SC benches. The chapter focuses on approach of the benches to human rights protection. It examines the approach to procedural and technicalities that often hinder human rights litigation and protection such as standing, delay, interpretation, compliance with court orders and use of international instruments. Chapter 4 focuses on the experiences from Uganda and analyses the approach of the Ugandan courts. Chapter 5 consists of best practices from the two jurisdictions, conclusion and recommendations for the Zimbabwean judiciary." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Frederick Jjuuko at Human Rights and Peace Centre, Faculty of Law, Makerere University in Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Namusobya, Salima. "Helpless within borders: the case of adequate international human rights protection for IDPs in Northern Uganda and the Darfur region of Sudan." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1098.
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"The rise in the number of internally displaced persons (IDPs) in Sudan and Uganda is in no small part, due not only to states' incapacity to protect their own people, but also to a direct attack by states on selected communities, or on insurgent groups. In Sudan, there is a large amount of information pointing to the responsibility of the Sudanese government in the human rights violations committed against the IDPs in Darfur. In Uganda, the majority of the displaced harbour considerable anger towards the government for having forced them out of their homes and then being unable to protect and provide for them, and in many cases being guilty of violations of their rights. The problem is aggravated by the facts that IDPs have no specific set of international instruments or a Convention in their favour, and there is no dedicated UN agency to turn to. The concept of state sovereignty still takes centre stage, and IDPs remain under the 'protection' of their own states, which in many cases are responsible for their plight. International humanitarian assistance is limited to the provision of basic necessities like food, shelter and medicine, while measures that ensure respect for the physical safety and the human rights of IDPs remain inadequate. The Guiding Principles on Internal Displacement particularise general human rights principles to the situation of the internally displaced, however they have no binding authority, and therefore do not bind states, neither are they enforceable by the IDPs. Currently, reliance is placed upon international humanitarian law and the existing international human rights law, but international humanitarian law only applies in situations of armed conflict. Consequently, this study proceeds from the presumption that the governments of Sudan and Uganda have failed to protect the IDPs within their jurisdictions, hence the need for stronger international protection. The study is aimed at addressing the specific problem of the lack of adequate international human rights protection for the IDPs from the time of displacement, to the time displacement ends. Emphasis of the study is placed on displacements resulting from armed conflicts, because these are the most rampant and most problematic in Africa. Darfur and Northern Uganda are the particular focus of this study because they are the most affected regions in Africa today." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Nkhata, Mwiza Jo. "The social trust and leadership roles : revitalising duty bearer accountability in the protection of social and economic rights in Malawi and Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1153.
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"The relevance of social and economic rights to societal welfare and well-being need not be overemphasised. The quality of life enjoyed by the citizenry is directly related to the level of enjoyment of social and economic rights in any particular country. However, the enjoyment of social and economic rights is, in turn, largely predicated on the manner in which national resources are managed and directed towards obligations raised by social and economic rights. It is axiomatic, therefore, to devise a framework that ensures that managers of public resources operate within an environment where their actions in relation to the management of national resources are governed by transparency and accountability. In the light of the above, this study explores the relationship that exist between the social trust concept and leadership roles, particularly in as far as duty bearer accountability for social and economic rights is concerned. The study argues that social trust based devices can be used to enhance duty bearer accountability in relation to social and economic rights and that such increased duty bearer accountability will automatically serve to better the welfare of the citizenry. The viability of recognising and enforcing social trust based accountability mechanisms is highlighted by exploring its relevance to Malawi and Uganda. The crux of the study is that public functionaries must always be amenable to censure by the citizenry if diligence is to be infused in the performance of their duties and the social trust concept offers adept mechansisms for achieving this." -- Abstract.
This study consists of five chapters. Chapter one provides the context and foundation of the study. Chapter two is devoted to explaining the nature and scope of the social trust concept and how it can validly, if at all, be extended into the public law realm. Chapter two also expounds on some basic concepts employed in the study. Chapter three is aimed at providing and understanding of leadership roles and explaining their relevance to social economic rights. Briefly put, chapter three explores the interface between social economic rights and social trust based leadership roles. Chapter four discusses the benefits of revitalising a social trust based conception of leadership roles particularly by highlighting why Malawi and Uganda need social trust based leadership roles. The chapter also outlines how the benefits of a revitalised duty bearer accountability can be realised. Chapter five will present the study's conclusions and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Dr. Ben Twinomugisha at the Faculty of Law, Makerere University, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Shado, Folusho De-grata. "The torn veil : access to information as a tool for combating corruption with reference to Uganda." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/1101.
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"Although most African states seek to tackle the problem of corruption through institutoinal responses such as anti-corruption commissions, offices of ombudspersons and anti-corruption laws, it is important that citizens have a legally enforceable right of access to information (ATI) through ATI legislation. The constitutional guarantee of access to information in constitutions of African states cannot effectively be realized without ATI legislations. However, as the existence of these laws in itself will not bring about the desired changes, there is a need to agree and design minimum international standards and guiding principles that will influence the content and operations of the laws. ... The study is divided into five chapters. Chapter one is an introduction, which sets out the background of the study, the focus and objectives of the study, the significance of the study, especially to Uganda, the hypothesis, the methodology of the research and the literature review. Chapter two deals with the conceptualisation of ATI at the international, regional and national levels. It should be noted that this paper conceptualises ATI only in relation to corruption so as to limit the discussion to the subject matter of the research. It also examines the UN, AU, and Commonwealth responses to ATI as tool for openness in government, transparency and accountability and how ATI helps in developing a culture of anti-corruption. Chapter three examines the nature, causes and level of corruption in Uganda and the aspects of ATI that creates a culture of anti-corruption such as open government. Key concepts such as whistle blowing, open governance and the use of technology in information disclosure are discussed. Chapter four is an overview and an evaluation of the contents of [the] ATI Bill in Uganda and a critique of the Bill in relation to the basic principles developed under international law. Chapter five summarizes the study and makes some recommendations that may enhance the value of the proposed ATI in Uganda." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001.
Prepared under the supervision of Dr. H. Onoria at the Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Mugisha, Bernard. "The rights of women and children as internally displaced persons : the case of Uganda and the Democratic Republic of Congo (DRC)." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1089.
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"The problem of displacement remains formidable, especially in Africa. It is exacerbated by Afirca's continuous conflicts and bad policies that are taken and effected in the name of development. Women and children remain the worst victims of internal displacement. This is so because in real life, women and children are vulnerable. Thus adding on internal displacement is too much for them. There is still no international enforceable mechanism by which the protection of the rights of internally displaced persons (IDPs), and in particular women and children, can be ensured. This leaves such rights at the mercy of the states within which the internal displacement occurs. ... Chapter 2 will comprise of analysis of who an IDP is and the magnitude of the problem of internal displacement in Uganda and the DRC. This will also entail identification of the causes of internal displacement in both countries. Chapter 3 will identify and critically analyse the rights of women and children as IDPs. This analysis will focus on the conditions prevailing in Uganda and the DRC. Chapter 4 will come up with detailed and comprehensive recommendations as to what can be done to attain the acknowledgement, protection and enforcement of the rights of women and children that arise out of internal displacement. Chapter 5 will have a suitable conclusion to the study. It will show whether the findings of the study prove its hypotheses." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. Jean-Didier Boukongu and Dr. Atangcho Ndji Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Chapman, Halsall Elaine. "Girls at the Front : an exploration of the relationship between human rights education policy and the experiences of girls taken by the militia in northern Uganda's Civil War." Thesis, University of Roehampton, 2010. https://pure.roehampton.ac.uk/portal/en/studentthesis/girls-at-the-front(0b2d6f70-e99c-4a84-b522-3612403e6733).html.
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Komakech, Henry Kilama. "The role of the East African Court of Justice in the promotion, protection and enforcement of human rights in Uganda." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/36798.
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Mbengue, Eleke Irene Desiree. "Effective reintegration of female child soldiers : reality or rhetoric? Case study of Northern Uganda." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1221.
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"Children's participation in armed conflict is one of the worst [forms] of child labour and a violation in itself. It is an extensive violation of international humanitarian and human rights law. There is increasing awareness about the variety of roles played by girls in fighting forces. They are abducted and forced to be sexual slaves, cooks, [to] clean, act as porters, loot, and [be] 'wives' to combatants. Notwithstanding, Veale observes that there are still a few gender-based issues of the differential experiences of male and female children who have been involved in military units. Although they play all these roles, they have received scanty attention during the reintegration process as opposed to male child soldiers. Mckay and her colleagues argue that [the] majority of reports, internaitonal campaigns, and initiatives continue to use the generic term 'child soldiers' which most often mean 'boys'. They do not identify differential impacts for boys and girls before, during or after armed conflicts. Mazurana found in another study that between 1990 and 2000, underaged girls participated in armed conflicts in a minimum of 32 countries as child soldeirs or military support forces. ... Northern Uganda qualifies [as] a case study because it has been in conflict between 1996 [and] 2006. It is estimated that there are 70 to 80 percent of child combatants with girls making up 30 percent. Disarmament and demobilisation is carried out by Uganda's People Defence Force (UPDF) working together with some United Nations (UN) humanitarian bodies, then NGOs and community leaders in turn work on the reintegration of the returnees. However, the reintegration process in Uganda is a-typical when compared to that of Sierra Leone, and most often does not take into consideration the special needs of female child soldiers. ... My focus will therefore be on Northern Uganda, but reference will be made to Sierra Leone as precedent where the context permits. This will be relevant for any reintegration procudure that Uganda adopts after the war. ... Chapter one: introduction and background. Chapter two: investigating the recruitment and impact of conflict on child soldiers in general and female child soldiers in particular. This chapter will be divided into two parts. Part one sets the stage by giving a brief account of the conflict in Northern Uganda and Sierra Leone. Part two identifies the significant environmental factors, but not sufficient conditions that cause children in general, and girls in particular, to join armed groups and the impact it has on female child soldiers. Chapter three: legal guarantee of the right to reintegration - by provision and implication. This chapter outlines and analyses treaties that have influenced and circumscribed the policies and practices for the reintegration of female child soldiers. It also looks at those that provide for reintegration by implication. This chapter will also examine the rights-based approach as base for reintegration processes. Case law will be included. Chapter four: comprehensive analysis of effective socio-economic reintegration of female child soldiers. This chapter will examine the factors that influence successful reintegration. It will portray the half-baked approach of reintegration that is obvious in the case study. The role of international agencies, NGOs, civil society and other actors will be discussed as a platform for successful reintegration. Furthermore, some decisions at the Special Court of Sierra Leone (SCSL) will be discussed. Chapter five: conclusion and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Mr. Angelo Matusse at the Faculdade de Direito, Universidade Eduardo Mondlane, Mozambique
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Fisher, Jonathan. "International perceptions and African agency : Uganda and its donors 1986-2010." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:92fb2d83-7c05-4d64-a147-23f40c3a5df4.
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This thesis investigates the place of African states in the international system and seeks to understand what space exists for aid-dependent governments to exercise agency in relations with donors. In exploring these issues I focus on the case of Uganda’s NRM regime which has enjoyed very substantial international support despite its increasingly authoritarian nature, destabilising regional policy and questionable human rights record. The two central questions posed are therefore: ‘why has Uganda benefited from such uncritical international support and what role has the NRM regime itself played in bringing about this situation?’ The thesis also compares Uganda’s experience to those of Ethiopia, Kenya and Rwanda to demonstrate the broader relevance of these questions. I argue that donors have taken a lenient approach to Uganda because they perceive it as valuable as an economic success story, an ally in the ‘War on Terror’ and a guarantor of regional stability. The study stresses, however, that these perceptions are just that: perceptions. They do not necessarily reflect reality nor are they formed without input from Africa, as some inadvertently suggest. Indeed, the principal contention of this thesis is that these three donor perceptions of Uganda have been actively constructed, moulded, managed and bolstered by Kampala itself in an effort to shore-up international support. Using a variety of ‘image management’ strategies the regime has succeeded in convincing its donors to see it as a valuable ally worth supporting. The same is true of the Rwandan and Ethiopian governments, I suggest, but not of the Kenyan. In doing so, the thesis contends, Kampala has carved out a subtle but substantial degree of agency in relations with donors and this raises important questions for scholars and policy-makers.
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Emong, Paul. "The realisation of human rights for disabled people in higher education in Uganda : a critical analysis drawing on the UN Convention on the Rights of Persons with Disabilities." Thesis, University of Leeds, 2014. http://etheses.whiterose.ac.uk/6863/.
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The UN Convention on the Rights of Persons with Disabilities (the CRPD) guarantees disabled people a right to education without discrimination and on the basis of equal opportunities. Uganda is a State Party to the CRPD. This research, examines the extent to which Uganda is realising a right to education for disabled people in higher education as per the UN human rights law obligations. To that effect, the research through an empirical study, analyses how the current Ugandan disability law implements the UN human rights law obligations in higher education, its effects on policy for disabled people and the effects of those policies on the lives of disabled people in higher education. This study reveals that, while Uganda has proliferation of disability legal provisions, their ideals have not yet being adequately translated to the reality of disabled people in the institutions of higher education. This is attributed to: the social-economic factors impinging on the realisation of education as a right, including factors hindering the realisation of disability rights in the country; limited enforcement of the disability legislation generally in the country, and in particular in higher education; and limited awareness about disability discrimination and in turn limited disability mainstreaming in higher education. As a result, institutions of higher education are generally challenged in providing equal opportunities for disabled people. Thus, there is limited inclusion of disabled people in higher education in Uganda. In light of that finding, this research recommends higher education sector to undertake strategic interventions that seek to effectively implement the disability legal framework and as well as enhancing non-legal mechanisms to bringing about equal opportunities for disabled people in higher education. These interventions include increasing disability awareness and disability mainstreaming in the institutions of higher education, government organs with statutory mandate over higher education and development partners directly supporting higher education. The study also recommends that another way to build the internal capacity of higher education institutions on disability inclusion is through undertaking emancipatory disability research with them as that has an empowering effect on the participants.
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Larsson, Johannes. "Access to Justice for Young Refugee Women in Nakivale Refugee Settlement : A Human Rights-Based Approach." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-91005.
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This thesis investigates young refugee women’s experience of the process of seeking access to justice for cases of Sexual and Gender-Based Violence in Nakivale refugee settlement in Uganda. A Human Rights-based Approach (HRBA) is chosen as an analytical framework to help conceptualise access to justice and to recognise Uganda’s commitment to refugees. A qualitative explanatory approach follows the narrative of Burundian and Congolese women. Findings show that Nakivale refugee settlement has an overwhelming demand for legal services and support. Refugee women can raise a claim for justice through the established administrative structures in place within the settlement. All refugee women were aware of their entitlements to a remedy and on the process of reporting SGBV. Yet, the analysis shows that none of the SGBV-survivors of rape or sexual exploitation was able to have access to justice. Several barriers were brought forward, such as corruption among refugee welfare committees; limited staff and resources among partner organisations; a bureaucratic referral system; poor police investigations and an inability to persecute perpetrators. The consequences without effective and timely remedies led the interviewed women into further poverty and a continuation of violence and abuse. This thesis concludes that Refugee Welfare Committees have to be attributed to some sort of compensation as validation for their work as justice providers to mitigate corruption among their leaders. Further research is encouraged to look into possibilities of extending the mandate and training for Refugee Welfare Committees, for refugee-based structures to be able to handle cases of SGBV.
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Acirokop, Prudence. "Pitied and then ignored : international response to the plight of children in armed conflict: the case of Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1134.
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"The debate over the effectiveness of the laws to address the situation of children in armed conflict, the political will of the international community to alleviate the plight of children in such situations, as well as the search for effective strategies to address the issue of children affected by war, remains lively and unsettled. This study aims to contribute to the ongoing discussion with a focus on northern Uganda where, for the last 19 years, children have been suffering as a result of armed conflict with no response from the international community. It appears that the government, the armed forces and the international community have simply ignored their plight. ... The study is divided into four chapters; chapter one discusses the internal and international armed conflict dichotomy. It further discusses legal protection that exists under international law for children. An overview of the current standard-setting efforts, enforcement and implementation of these laws is also considered in the chapter. Chapter two considers particular risks faced by children in armed conflict including the child soldier phenomenon; refugee and internally displaced persons (IDPs); sexual abuse and exploitation of children; and the impact of landmines and unexploded ornances on children. The chapter finally looks at actions the international community can take to protect children in compliance with international law. Chapter three gives a background to the conflict in northern Uganda; it discusses the groups of children at risk and the failure to prioritise the protection of children by all actors at the local and international level. Chapter four draws a conclusion and gives recommendations to the ongoing search for effective strategies to address the plight of children affected by war with focus on northern Uganda. These recommendations are addressed to the government, the armed group and the international community." -- Introduction.Mini Dissertation (LLM)--University of Pretoria, 2005.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Tadesse, Mizanie Abate. "HIV testing from an African Human Rights System perspective : an analysis of the legal and policy framework of Botswana, Ethiopia and Uganda." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5928_1210839992.
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The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been designed to address the issue of HIV/AIDS in Africa. This thesis addressed the question: 'Are the legislations and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under African Human Rights system?' The author of this dissertation critically analyzed the African human rights instruments and the relevant domestic legislation and policies of the three countries.
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Whitman, Kim. "Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges." University of the Western Cape, 2014. http://hdl.handle.net/11394/8219.
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Magister Legum - LLMIn many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.
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Ukuni, Clare Lagua. "Un-triggering the jurisdiction of the International Criminal Court : the Ugandan Referral of the situation concerning the Lord’s Resistance Army in Northern Uganda to the International Criminal Court." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8065.
Full textAbstract:
The author addresses the following objectives: (1) Examines whether a state can withdraw a case upon which an indictment has been made by the International Criminal Court (ICC) (2) Determine and elucidate on the circumstances under which a referral can be withdrawn from ICC jurisdiction. (3) Clarifies whether a referral can be withdrawn if the referring state develops mechanisms for domestic trial of relevant ICC crimesThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr.Atangcho Akonumbo, Faculté des Sciences Sociales et de gestion, Université Catholique d’Afrique Centrale, Yaoundé Cameroun
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Kapindu, Redson Edward. "The role of poverty reduction strategies in advancing economic and social rights: Malawian and Ugandan experiences." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1086.
Full textAbstract:
"Poverty Reduction Strategy Papers (PRSPs) were born out of the policies of the World Bank (WB) and the International Monetary Fund (IMF). They were introduced 'in the wake of the failure of Structural Adjustment Programmes (SAPs) to reduce the incidence of poverty'. PRSPs have been linked with the IMF and WB Heavily Indebted Poor Countries (HIPC) debt relief initiative. In order to have access to debt relief, countries have had to draw up PRSPs and start moving towards their effective implementation. PRSPs are now meant to be the national guide informing almost every facet of the human development framework. They are being used as benchmarks for the prioritization of the use of public and external resources for poverty reduction. Further, multilateral as well as bilateral donors and lending institutions are using them as an overarching framework from which policies and actions of developing countries are to be gauged and decisions on further assistance or loans made. In that light, PRSPs have become pivotal to the social fabric of the countries concerned as they affect the daily undertakings of the people through, among other things, their allocative and redistributive roles. ... The PRSPs of Malawi and Uganda are not premised on the human rights based approach to poverty reduction. They largely address issues of economic and social rights from a benefactor and beneficiary perspective rather than from a claim-holder and duty-bearer perspective. Further to that, these policies are largely premised on the requirements of the Bretton Woods Institutions (BWIs) that have received heavy criticism for not factoring in human rights considerations, when implementing their policies towards developing countries. This problem thus calls for a harmonisation of PRSPs with the obligations of the states as well as the BWIs to ensure the full realisation of these rights. ... This study is divided into six chapters. Chapter two is a concise analysis of the PRSP processes in Malawi and Uganda. It addresses issues of participation and national ownership, among others, and locates the role of the BWIs in the process. Chapter 3 is a general overview of the international legal obligations that the two governments have in the area of economic and social rights. Chapter four provides an overview of the scope of the rights to health and housing. Chapter five is a critical analysis of the extent to which the PRSPs of the two countries act as effective tools for advancing the rights to health and housing in the two countries. Chapter six concludes the discussion. It makes necessary recommendations in order to strengthen the human rights based approach to poverty reduction within the framework of the PRSPs, with a view to ensuring the progressive realisation of economic and social rights." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Baker G. Wairama at the Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/llm1.html
Centre for Human Rights
LLM
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Mittag, Josephine. "Stolen Childhoods: Remembering the Former Child Soldiers Abducted by the Lord's Resistance Army in Uganda." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22314.
Full textAbstract:
The prohibition on the use of child soldiers is widely recognized. Still, it is estimated that 60,000 children were abducted and forced to take part in the internal armed conflict between the Lord’s Resistance Army and the Government of Uganda. Thus, this study examines how the formerly abducted children have experienced their return and reintegration. The thesis is based on a minor field study conducted in Gulu and aims at investigating whether the provision of remedies aids or hinders their reintegration. Using theories of recognition and a conceptualization of successful reintegration, I analyze the semi-structured interviews with fourteen former abductees and ten other community members. The findings suggest that the process of return is fraught with many challenges. It is concluded that the absence of symbolic and material reparations is an obstacle to successful reintegration and sustainable peace as the lack of recognition can drive future social conflict in Uganda.
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Chiringa, Kudakwashe E. M. "Human rights implications of the compulsory HIV/AIDS testing policy: a critical appraisal of the law and practice in South Africa, Uganda and Canada." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1017298.
Full textAbstract:
HIV/AIDS has been an obstacle to socio-economic development and a major cause of loss of human life. It has also caused vast inequities and frustration to the public health sector. One of the significant efforts made by the public health sector to combat the epidemic is the implementation of a mandatory HIV/AIDS testing policy to scale-up HIV treatment. This dissertation examines the impact of this policy on the human rights of people infected with and affected by HIV/AIDS. Coercive government policies aimed at controlling the AIDS pandemic often infringe on the rights of individuals known to be or suspected of living with HIV/AIDS and this decreases the effectiveness of public health measures. The research methodology involved the study of written literature and a comparative literature study of the law and practice obtaining in South Africa, Uganda and Canada. It revealed that voluntary testing is effective and suitable in South Africa. This dissertation aimed to show that any public health approach that aims to achieve a comprehensive prevention strategy must be consistent with respect for human rights as enshrined in regional and international human rights law. Public health and human rights should, therefore, not be regarded as opposing forces; rather they should be seen as a unified system of protection of human welfare under the Bill of Rights and the Constitution. The solution to the crisis lies not only in testing every single person but also requires a shift of focus to more pressing issues that include gender equality, stigma and discrimination; prioritizing human rights, institutional capacity and resources; and an end to extreme poverty. A human rights-based approach to HIV/AIDS testing, such as the Voluntary Counselling and Testing (VCT) is recommended. Therefore, failure to adhere to the core principles of testing - which are informed consent, counselling and confidentiality of the test result - will only hinder the global fight against HIV/AIDS. The rights of those affected by HIV/AIDS need to be protected in order to address public health imperatives. This can be done through the use of the law as an instrument of social change as well as education and awareness. Key words, HIV/AIDS, mandatory testing, Voluntary Counselling and Testing, public health, human rights-based approach.
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Shake, Itumeleng Pascalina. "Who is watching who? Regulation of media and freedom of expression in Uganda : a critical analysis of the Press and Journalists Act of 1995." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8081.
Full textAbstract:
Critically examines the regulation of media through the Press and Journalists Act in Uganda. Also makes a comparative analysis of different forms of media regulation in other
jurisdictions and recommends best practices which might be useful for UgandaThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Frederick Jjuuko, Faculty of Law Makerere University Uganda
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Ngabirano, Bareebe Rosemary. "Alternative sentencing of parent offenders and implications on the rights of the child in Uganda's criminal justice system." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8002.
Full textAbstract:
This research seeks to demonstrate the need for alternative forms of sentencing in the Uganda criminal justice system with a specific focus on the use of community service. Approaching community service
as a child protection strategy in sentencing parent offenders would be a positive step in addressing issues of child neglect and attendant problems. The study seeks to: (1) Analyse the impact of parental incarceration on children (2) Make a specific inquiry into the use of community service orders as an alternative to
imprisonment in Uganda (3) Illustrate that approaching community service as a child protection strategy in sentencing parent
offenders would be a positive step in addressing issues of child neglect and attendant problems (4) Make recommendations for a new course of action that will highlight and be aimed at preventing the abuse of childrenThesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2008.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho Nji Akonumbo, Université Catholique D’Afrique Centrale Yaoundé Cameroun
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Kameldy, Neldjingaye. "Challenging impunity in northern Uganda : the tension between amnesties and the principle of international criminal responsibility." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5448.
Full textAbstract:
This dissertation intends to analyse the practice of amnesties in the context of grave human rights violations using northern Uganda as a case study. It also examines its consistency with the obligation upon states to protect human rights through the prosecution of perpetrators of the said violations. It will, accordingly, analyse the
implications of the complementary mandate of the International Criminal Court (ICC) to national jurisdictions.
Furthermore, the author also explores the tension which results from national amnesties and the principle of international criminal responsibility, a principle that the ICC has the mandate
to enforce.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Ben Kiromba Twinomugisha of the Faculty of Law, Makerere University, Kampala, Uganda.
http://www.chr.up.ac.za
Centre for Human Rights
LLM
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Tilly, Karlsson Anna. "Kvinnor och "Village Savings and Loan Associations" i Uganda : En kvalitativ studie om kvinnors upplevelser av VSLA-gruppers inverkan på deras livsomständigheter." Thesis, Uppsala universitet, Teologiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363379.
Full textAbstract:
The purpose of this study is to look in to how microfinance through the VSLAmodel has affected life circumstances of women in rural parts of Uganda. The study also examines whether participation in VSLA-groups leads to empowerment. The results have been derived from qualitative fieldwork, based on semi-structured interviews. Women from the Ugandan districts of Kayunga and Masaka have been interviewed about their experiences of participating in VSLA-groups. The theoretical framework consists of a liberal as well as a postcolonial feminist theorization. The study subject is analyzed by using Martha Nussbaum’s Capabilities Approach and Gayatri Chakravorty Spivak’s thoughts on the subaltern. The Uganda National Farmers Federation (UNFFE) started working with financial inclusion in 2010 and in 2014 they implemented the Human Rights Based Approach (HRBA) in their work. It is found in this study that the VSLA-groups who operates guided by the Human Rights Based Approach, have had a positive effect on the life conditions of the interviewed women. The socioeconomic effects have been positive, the women have greater control over their life circumstances and the VSLA-groups have proved empowering.I denna studies granskas en typ av mikrofinansmodell, Village Savings and Loan Associations (VSLA) och dess påverkan på kvinnor på Ugandas landsbygds livsomständigheter. Den undersöker också om deltagande i VSLA-verksamhet leder till empowerment. Studiens resultat bygger på fältarbete bestående av kvalitativa undersökningar. Kvinnor från de ugandiska distrikten Kayunga och Masaka har deltagit i semistrukturerade intervjuer där de berättat om sina upplevelser av att vara med i en VSLA-grupp. Det teoretiska ramverket har en liberal såväl som postkolonial feministisk utgångspunkt. Uppsatsens frågeställningar analyseras genom Martha Nussbaums Capabilities Approach och Gayatri Chakravorty Spivaks tankar om den subalterna. Uganda National Farmers Federation (UNFFE) började arbeta med finansiell inkludering 2010 och 2014 implementerade de Human Rights Based Approach (HRBA) i sitt arbete. Denna studie finner att VSLA-grupper, vilka arbetar med hjälp av HRBA har en positiv effekt på de intervjuade kvinnornas livsomständigheter. De socioekonomiska effekterna har varit positiva, kvinnorna har fått större kontroll över sina förhållanden och VSLA-grupperna har haft en empowering effekt.