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Journal articles on the topic 'Human rights – Uganda'
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1
Ssenyonjo, Manisuli. "The Domestic Protection and Promotion of Human Rights under the 1995 Ugandan Constitution." Netherlands Quarterly of Human Rights 20, no. 4 (December 2002): 445–83. http://dx.doi.org/10.1177/016934410202000404.
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This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.
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George, Kizito Michael. "Protecting the Deity Called Neoliberalism from Shame: Uganda’s 2020 Covid-19 Lockdown and Violations of the Right to Health." Journal of Research in Philosophy and History 5, no. 4 (November 18, 2022): p17. http://dx.doi.org/10.22158/jrph.v5n4p17.
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The Covid-19 pandemic struck Uganda like a storm. On 18 March 2020, President Museveni ordered the closure of schools and suspended religious gatherings, public rallies and cultural meetings with effect from 20 March. This was aimed at safeguarding the right to health in general, and the right to life in particular, of all Ugandans. By 30 June 2020, Uganda had not registered a single Covid-19 death and had had less than 1 000 infections. The Covid-19 pandemic, however, created great panic among the leadership of Uganda’s neoliberal regime. For three decades, the Ugandan state has deliberately underfunded the health sector, using the neoliberal logic that the market will address the challenges of the health sector. The state has treated economic and social rights as mere aspirations and not as genuine human entitlements. Museveni’s regime has rejected pleas from civil society organisations to allocate 15% of the budget to the health sector, as per the Abuja Declaration. The New Public Management philosophy of neoliberalism advocates for public hospitals and health facilities to be run like private-sector enterprises that employ fewer personnel in order to cut the costs of salaries and wage expenses. This article argues that the Ugandan state violated the right to health of Ugandans during the 2020 Covid-19 lockdown. It contends that the ruthless enforcement of the lockdown in Uganda in the wake of the coronavirus pandemic aimed to protect the neoliberal state from embarrassment occasioned by the prioritisation of markets over people’s social and economic rights.
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Namwase, Sylvie. "Securing legal reforms to the use of force in the context of police militarisation in Uganda: The role of public interest litigation and structural interdict." African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–27. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a48.
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This article argues that the failure by the Ugandan government to put in place clear regulations governing the use of force and firearms by the police and armed security forces, particularly during joint police and military operations, as part of arrest and crowd control operations, threatens to violate the right to life, the right to freedom from inhumane treatment, the right to assemble and the right to a remedy under the Ugandan Constitution. It argues that the constitutional, statutory law and case law framework in Uganda can facilitate public interest litigation in order to secure the adoption by the Ugandan government of comprehensive and internationally-accepted standards on the use of force and firearms by police and armed security forces. The article draws on a recent progressive decision of the High Court in James Muhindo & 3 Others v Attorney-General, and the Human Rights Enforcement Act of 2019 to expound on the proactive potential of article 50 of Uganda's Constitution to deliver expedited institutional and human rights-oriented reforms and to afford the courts oversight functions in the implementation of these reforms through structural interdict. These aspects of the public interest litigation framework in Uganda offer a pathway to civilian-led reform in a highly state-controlled, politicised and militarised police and security sector over which Ugandans otherwise have no civilian oversight. Thus, the article explores the potential of public interest litigation as an empowering tool in competing approaches to state formation in transitional contexts and positions public interest litigation as a transformative response to militarisation in a fragile state.
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Walyemera, Daniel Masumba. "Regulator or controller: a five-year analysis of the cat and mouse games between the Uganda Communications Commission and broadcasters in Uganda." Law, Democracy and Development 25 (January 28, 2021): 1–28. http://dx.doi.org/10.17159/2077-4907/2021/ldd.v25.22.
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This article examines the conduct of the broadcasting regulator in Uganda. It considers whether the law governing the Uganda Communications Commission is in tandem with international human rights standards. This is in specific regard to media freedoms and other associated human rights. The major conclusion is that Uganda's broadcasting regime is ambiguous and is used as a tool to facilitate partisan political interests. As a consequence, the said regime does not meet international human rights standards. The article recommends reform of the legal regime, including the operationalisation of the Uganda Communications Tribunal to curb the arbitrary directives of the Uganda Communications Commission to radio, television and online broadcasters in Uganda.
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Kabanda, Umar. "The Ugandan Constitution of 1995: How it integrated Human rights Principles to Contribute to the Promotion, Protection and Preservation of Rights in Uganda." Cross-Currents: An International Peer-Reviewed Journal on Humanities & Social Sciences 2, no. 2 (December 21, 2016): 31–34. http://dx.doi.org/10.36344/ccijhss.2016.v02i02.001.
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Human Rights as rights recognized in the preamble of the Universal declaration of Human rights to be inherent dignity and of the equal and inalienable rights of all members of the human family, adding that it is considered to be the foundation of freedom, justice and peace in the world. This paper presents the recognized form of protection, promotion and protection of human rights through enactment of acts in the Ugandan constitution. More is done in the paper to demonstrate how it integrates the international and regional rights in the constitution. A brief history of the constitution is presented and interpretation of the implication of acts towards the established human rights institutions is explained. Lastly a critical view on the implementation of the constitution of Uganda by the Government of Uganda is made consecutively on the analysis made from acts in relation to promotion, protection and preservation of rights in Uganda.
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Mujuzi, Jamil Ddamulira. "Reconciling Customary Law and Cultural Practices with Human Rights in Uganda." Obiter 41, no. 2 (October 1, 2020): 239–56. http://dx.doi.org/10.17159/obiter.v41i2.9148.
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Customary law has been part of Ugandan law for many years. Section 2 of the Local Council Courts Act, 2006 defines “customary law” to mean “the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation”. Ugandan courts have explained the relationship between customary law and other laws. In 1995, Uganda adopted a constitution that includes, among other things, a bill of rights that prohibits discriminatory and degrading laws and customs. This was informed during the making of the Constitution by the arguments of many Ugandans that discriminatory and degrading customary practices and laws should be abolished by the Constitution. In this article, the author illustrates the steps that have been taken by the drafters of the Constitution, Parliament (through legislation) and courts to outlaw discriminatory and degrading cultural practices. The author recommends ways in which some of these measures could be strengthened.
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Mujuzi, Jamil Ddamulira. "Comment The Right to Freedom to Practice One’s Religion in the Constitution of Uganda." Religion & Human Rights 6, no. 1 (2011): 1–11. http://dx.doi.org/10.1163/187103211x543617.
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AbstractThe right to freedom to practice one’s religion is protected under the Ugandan constitution and in the international human rights instruments to which Uganda is party. There are also different pieces of legislation governing the marriages and divorces of different religious groups in Uganda. The Supreme Court of Uganda in the judgement of Dimanche Sharon and Others v. Makerere University has dealt with the constitutional limitations on the right to freedom of religion. This article discusses the constitutional history leading to the inclusion of the right to freedom of religion in the Constitution of Uganda and the Supreme Court decision interpreting the limitations on the right to freedom of religion.
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Mubangizi, John Cantius. "The Protection of Human Rights in Uganda: Public Awareness and Perceptions." African Journal of Legal Studies 1, no. 3 (2005): 168–86. http://dx.doi.org/10.1163/221097312x13397499736228.
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AbstractThis article analyzes the results of a research study in Uganda aimed at determining the level of public awareness and the perceptions regarding the protection and enjoyment of such rights. The survey sought information on public knowledge or awareness of the bill of rights, violation or protection of various types of rights, and awareness and perceptions regarding human rights institutions. It was found that although human rights violations still abound in Uganda, there is a high level of public awareness of the Constitution and the human rights it contains, that human rights violations take place more in the rural areas than in urban areas and that Ugandans blame the government for most of these human rights violations. The article concludes that there are still several challenges facing the promotion and protection of human rights in Uganda and that any attempts to address these challenges must take advantage of the opportunities offered by the constitutional framework.
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Ashukem, Jean-Claude N. "A Human Rights-Based Approach to Foreign Agricultural Investment in Uganda." African Journal of International and Comparative Law 27, no. 2 (May 2019): 268–91. http://dx.doi.org/10.3366/ajicl.2019.0272.
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The use of human rights approaches in the context of development-related activities appears to be the most appropriate means to observe respect for and the protection of people's rights as states are required to adhere to human rights norms and standards. This article argues for the adoption of a rights-based approach within the framework of foreign agricultural investment activities in Uganda in order to ensure respect for, the protection of and the fulfilment of the fundamental human rights of local communities. It provides an exposition of the procedural and substantive rights which are contained in the relevant international and regional legal instruments and which need to be taken into account in such a rights-based approach. It also distils the relevant benchmarks to be used by the government of Uganda as the standards to be achieved in order to ensure the observance and protection of people's rights, especially with regard to the negotiation and implementation of foreign agricultural investment land deals in Uganda. It then compares the Ugandan legal framework against the distilled benchmarks to ascertain if and to what extent the legal framework conforms to these requirements with regard to regulating foreign agricultural investment activities. Based on the distilled minimum human rights requirements and the obligation they bestow on states, the article concludes that in order for the government of Uganda to properly and effectively respect, protect and fulfil local communities' human rights, it is crucially important that it should consider these requirements and fulfil them during the regulation and implementation of foreign agricultural investment land deals in the country.
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Nanima, Robert D. "THE LEGAL STATUS OF EVIDENCE OBTAINED THROUGH HUMAN RIGHTS VIOLATIONS IN UGANDA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 8, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a727.
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The Constitution of the Republic of Uganda, 1995 (Constitution of 1995) is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the Constitutions 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture inadmissible. This means that evidence obtained through human rights violations, other than torture is not covered by any other legislation in Uganda. The position is different in other common law jurisdictions such as South Africa, Kenya and Zimbabwe, which have constitutional provisions on how to deal with evidence obtained through human rights violations. Decisions handed down by the Courts are inconsistent in dealing with this kind of evidence. This comparative study coupled with Uganda’s international human rights obligations delves into this lacuna in the law and gives proposals for reform.
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Cohen, Jonathan, Rebecca Schleifer, and Tony Tate. "AIDS in Uganda: the human-rights dimension." Lancet 365, no. 9477 (June 2005): 2075–76. http://dx.doi.org/10.1016/s0140-6736(05)66716-5.
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Aka, Philip C. "Expanding Boundaries of Human Rights in (East) Africa." African and Asian Studies 15, no. 1 (May 23, 2016): 99–110. http://dx.doi.org/10.1163/15692108-12341350.
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To what extent has politics in Uganda changed since the era of egregious human rights abuses under General Idi Amin? Using the new book on law and politics in Uganda under Museveni referenced below as focal point, this essay answers that question in a discussion that also sketches three themes, testimony to the plasticity of the human rights doctrine, including the expanding boundaries of human rights in (East) Africa.
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Mugerwa-Sekawabe, Muyenga. "Increasing access to education for refugees in Uganda." Law, Democracy and Development 25 (January 28, 2021): 1–29. http://dx.doi.org/10.17159/2077-4907/2021/ldd.v25.19.
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This article investigates the scope of the right to education as enjoyed by refugees in terms of domestic (Ugandan), regional (African) and international law. One of the main obstacles to accessing education for refugees in Uganda is financiai constraints, which the principle of burden sharing seeks to ameliorate in refugee hosting countries in the Giobai South. This principie of burden sharing lies at the heart of the Giobai Compact on Refugees (GCR) which was adopted by the United Nations Generai Assembiy to reaiise a more equitabie distribution of refugee popuiations, who are disproportionateiy found in the Giobai South within States whose financiai resources are severeiy strained. This articie expiores whether the GCR wiii increase access to the right to education of refugees in such a country, nameiy, Uganda. This right is considered to be a "multiplier" right as the degree of access to education impacts the level of enjoyment of other human rights. The articie considers whether the international and regional frameworks are likely to increase access to education for refugees in Uganda. Finally, recommendations are made to other stakeholders, namely, the Ugandan government and the United Nations High Commissioner for Refugees (UNHCR), on how to facilitate access to education for refugee children in Uganda.
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Rukundo, PM, JK Kikafunda, and A. Oshaug. "Roles and capacity of duty bearers in the realization of the human right to adequate food in Uganda." African Journal of Food, Agriculture, Nutrition and Development 11, no. 48 (December 28, 2011): 5493–509. http://dx.doi.org/10.18697/ajfand.48.10100.
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The right to adequate food recognised under international law provides a strong foundation for eradicating hunger and malnutrition in all nations. Uganda ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1987 and thereby committed itself to ensure the realization of the right to adequate food recognised under Article 11 of the Covenant. This study analysed the roles and capacity of duty bearers in the realization of the right to adequate food in Uganda. Structured interviews were held with purposefully selected duty bearers from 11 districts in the country between February and July 2007. Districts were selected by criterion based sampling. Relevant policies, budgets, and legislation were also reviewed, particularly with state obligations on human rights, and capacity of duty bearers in mind. Although this right is expressly recognised in the Food and Nutrition Policy of 2003 in which a multi-sectoral approach is proposed, sector-specific roles are not explicitly defined in Uganda’s institutional and policy framework. Most duty bearer (63%) considered the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) as being responsible for the delays in implementing the relevant actions for the right to food. The Uganda Human Rights Commission (UHRC) reported receiving inadequate budget resources to support the right to food. Only 20% of duty bearers had knowledge of the General Comment 12, which is an important United Nations instrument that defines and elaborates on the human right to adequate food. Duty bearer’s knowledge of the right to food in the national Constitution had a significant (X2 = 0.003; P<0.05) positive correlation (R=0.283) with membership status to an ad hoc Uganda Food and Nutrition Council (UFNC). A proposed Food and Nutrition Bill had taken over 10 years without being presented to the National Parliament for the process of enactment into law. As such, most of the support for this right came from development partners. Whereas the ministry of health and MAAIF are line ministries in the implementation of food and nutrition policy, the right to food roles of the various duty bearers in Uganda need to be well defined. Capacity development is also needed, particularly related to integrating right to food sector-specific roles into the theoretical development and practical implementation of food and nutrition security programmes at all levels in the country.
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Lubaale, Emma Charlene. "Beyond the rhetoric of international human rights standards in the struggle to decriminalise homosexual conduct in Uganda." Afrika Focus 30, no. 1 (February 26, 2017): 75–97. http://dx.doi.org/10.1163/2031356x-03001006.
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In 2014, Uganda’s Constitutional Court struck down the problematic Anti-Homosexuality Act. (AHA). However, since the decision of the court was based on procedural rather than on substantive grounds, the AHA may very well be reintroduced, or, other anti-homosexuality laws in place can still be relied on to criminalise consensual homosexual conduct. The ideal solution is to have all the anti-homosexuality laws struck down in light of Uganda’s international human rights ob• ligations. However, although a number of international human rights instruments lend impetus to the cause of decriminalisation in Uganda; these international standards have thus far not fully persuaded Uganda to have these discriminatory laws struck down. In this article, I argue that whereas arguments based on Uganda’s international and constitutional obligations form a good foundation for reform, these standards cannot of themselves form a complete solution to the problem. Drawing on the various actors that were at the fore in the struggle towards the striking down of the AHA, I argue that translating the rights of lesbian, gay and bisexual and transgender (LGBT) people into a reality will require conscious efforts from a number of actors including the judiciary, international and national human rights defenders and faith-based organisations. I identify some of the mistakes made by the foregoing actors in advocating for the striking down of the AHA, and how these mistakes should be addressed if the cause of decriminalisation is to be effectively advanced. Although Uganda is placed at the heart of the discussion, the conclusions drawn are relevant to other African countries battling with this subject.
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Katono, Evelyn Happy. "Unprecedented Legal Measures in the Wake of Corona Virus: The Ugandan Perspective." Eastern Africa Law Review 46, no. 2 (December 31, 2019): 185–205. http://dx.doi.org/10.56279/ealr.v46i2.6.
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The Corona Pandemic is one of the problems which continues to affect the globe as the death tolls and the numbers of infected people keep increasing. It is against this backdrop that States have evoked Public Health Law as a measure of protecting their citizens. In light of the above, this article examines International, Regional and Ugandan Public Health regimes in the fight against COVID-19. In order to control the spread of the Corona virus the government of Uganda introduced measures such as lockdowns restriction of movement, curfew and closing borders, bars, shopping malls and non-food markets. Enforcement of these measures and laws has been characterized by violence, brutality and excessive use of force from police and other security agencies. This has raised a lot of debate about the protection of human rights in the wake of the COVID 19. The article also examines the impact of such measures on human rights and seeks to assess their justification. The article underscores the fact that derogation from human rights during public health emergencies should be guided by the international and regional human rights regimes to which Uganda is a party. The article thus discusses the international and regional human rights instruments in relation to public health law and underscores the need to strike a balance in order to respect human rights. Key Words: Corona virus, COVID 19, derogation, epidemic, human rights, infectious diseases, international human rights instruments, limitations, pandemic, restrictions.
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Nkamuhayo, Pius, and Gill Seidel. "The context of human rights in Uganda today." Review of African Political Economy 16, no. 45-46 (January 1989): 174–79. http://dx.doi.org/10.1080/03056248908703839.
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Meier, Barbara. "“Death Does Not Rot”: Transitional Justice and Local “Truths” in the Aftermath of the War in Northern Uganda." Africa Spectrum 48, no. 2 (August 2013): 25–50. http://dx.doi.org/10.1177/000203971304800202.
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The article looks at the way Acholi in northern Uganda address war-related matters of “peace” and “justice” beyond the mainstream human rights discourse reflecting some of the basic concepts that are decisive for the way people deal with transitional and local justice. The relationality and the segmentary structure of Acholi society play major roles in categorising “peace” and “war” while being at odds with the globalised standards of human rights that have been brought into play by international agencies, civil society and church organisations as well as the Ugandan state. A major argument is that a one-dimensional understanding of the cosmological underpinnings of rituals as a locally embedded tool of transitional justice (TJ) has an impact on the failure of TJ in northern Uganda. Thus the article highlights the specific cultural dilemmas in which the process of peace currently appears to be stuck.
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Kibukamusoke, Martha. "SURVEY ON THE STATE OF DIGITAL HUMAN RIGHTS MANAGEMENT AND INTERNET USE IN UGANDA." Archives of Business Research 10, no. 6 (June 24, 2022): 42–61. http://dx.doi.org/10.14738/abr.106.11402.
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There is tremendous increase in the use of Internet across the world including Uganda. Freedom of internet use including documentation of rights violation has been done in Uganda, defending the rights of victims has been low because the existing legal framework and new policies limiting internet access, free speech have further suffocated them. The paper presents results from a study conducted using mixed methods approach on the digital human rights in Uganda. Data collection (qualitative and quantitative) techniques applied and followed by a rigorous systematic scientific inquiry along the processes of; facts determination, analysis and reporting. The aim of the study was to explore the uncertainties in the policies that limit the use of internet and digital human rights enjoyment. Of the 525 target respondents, 547 participated in the study with; 451 citizens, 17 media, 41 state actors, 17 special interest groups, 9 women rights activists and 12 others. Furthermore, the results showed that the factors hindering the enjoyment of digital rights and internet freedoms include government failure to monitor set policies, failure to sensitize people on digital rights, limited knowledge on existence of digital rights, high charges on using social media and gender inequality.
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Dicklitch, Susan. "A Basic Human Rights Approach to Democracy in Uganda." Journal of Contemporary African Studies 20, no. 2 (July 2002): 203–22. http://dx.doi.org/10.1080/0258900022000005179.
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SSENYONJO, MANISULI. "TOWARDS NON-DISCRIMINATION AGAINSTWOMEN AND DE JURE EQUALITY IN UGANDA: THE ROLE OF UGANDA'S CONSTITUTIONAL COURT." African Journal of International and Comparative Law 16, no. 1 (March 2008): 1–34. http://dx.doi.org/10.3366/e0954889008000042.
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The principles of equality and non-discrimination represent the twin pillars or the cornerstone upon which the whole edifice of human rights law is established.1 At least every State in the world today is a party to a human rights treaty prohibiting discrimination on the basis of sex and/or protecting equality between men and women.2 Despite this fact inequality and discrimination remain two major impediments to the enjoyment of human rights of women. Discrimination against women on the basis of sex denies or limits as it does their equality with men, and is ‘fundamentally unjust’ since it violates the principles of equality of rights and respect for human dignity.3 It is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their States, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women.4 International human rights instruments such as Article 3 of the International Covenant on Civil and Political Rights (ICCPR)5 and Article 3 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)6 underline commitment to sexual equality in the enjoyment of all civil and political rights, as well as economic, social and cultural rights. Similarly, Article 2 and 3 of the African Charter on Human and Peoples’ Rights (ACHPR) prohibit discrimination and protect equality before the law.7 This demands de jure (or formal) equality and de facto (or substantive) equality for men and women.8 Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner.9 Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantages that particular groups experience.10
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Bodansky, Daniel, and James Thuo Gathii. "ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation." American Journal of International Law 101, no. 1 (January 2007): 142–49. http://dx.doi.org/10.1017/s0002930000029596.
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Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At <http://www.icj-cij.org>.International Court of Justice, December 19, 2005.In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of its international humanitarian and human rights obligations during its occupation of Congelese territory. The Court also found that the Democratic Republic of the Congo (DRC) had violated the Vienna Convention on Diplomatic Relations for its treatment of Ugandan diplomats and also for the destruction of their diplomatic premises and the associated archives and records.The train of events leading to this case originated in May 1997 with President Laurent-Desire Kabila's deposition of Zairean dictator Mobutu-Ssese Seko. Having come to power with Ugandan and Rwandese military assistance, Kabila was unsuccessful in his effort to remove Ugandan and Rwandese troops from the DRC (paras. 48–50). The DRC alleged that in August 1998, Ugandan armed forces invaded (para. 29) and then captured and occupied Congolese towns and territory in defiance of Kabila's decision that Ugandan and Rwandese forces should leave the DRC (para. 29–31). Further, the DRC contended that Uganda recruited, funded, trained, equipped, and supplied armed Congolese groups opposed to the Kabila government (para. 32).
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Molodynski, Andrew, Christina Cusack, and Jurua Nixon. "Mental healthcare in Uganda: desperate challenges but real opportunities." BJPsych. International 14, no. 4 (November 2017): 98–100. http://dx.doi.org/10.1192/s2056474000002129.
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Recent reports have highlighted human rights concerns in Ugandan mental healthcare. This article describes the current situation in terms of healthcare funding and provision, concerns regarding legislation, and health inequalities. Possible reasons for the difficult situation are briefly discussed, including the economy, pervasive stigma and ongoing unrest in the region. We then describe some encouraging initiatives in Uganda that are empowering those with mental health problems to have a better quality of life and identify opportunities for change.
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Iroanya, Richard, Patrick Dzimiri, and Edith Phaswana. "Human rights-based service delivery." Regions and Cohesion 8, no. 2 (June 1, 2018): 1–26. http://dx.doi.org/10.3167/reco.2018.080202.
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English Abstract:This article examines the extent to which National Human Rights Institutions (NHRIs) in Ghana and Uganda contribute to the strengthening of democracy and sustainable development in those countries. A human rights-based approach is used to investigate human rights violations, marginalization, exclusions, and discrimination against vulnerable groups in society. This article examines whether NHRIs are proactive in adopting preventive measures to protect and promote human rights within the African context. The study utilized a qualitative methodology and a case study design. It found that the legal environment on which NHRIs are located and their operations largely determine their effectiveness, as well as whether good governance and sustainable development are achievable.Spanish Abstract:Este artículo examina hasta qué punto las Instituciones Nacionales de Derechos Humanos (INDH) en Ghana y Uganda contribuyen al fortalecimiento de la democracia y el desarrollo sostenible en esos países. Se utiliza un enfoque basado en los derechos humanos para investigar las violaciones de los derechos humanos, la marginación, las exclusiones y la discriminación contra los grupos vulnerables de la sociedad. Este artículo examina si las INDH son proactivas a la hora de adoptar medidas preventivas para proteger y promover los derechos humanos en el contexto africano. La investigación requirió de una metodología cualitativa y un diseño de estudio de caso. Se descubrió que el entorno legal en el que se encuentran las INDH y sus operaciones determinan en gran medida su eficacia, así como también si se puede lograr una buena gobernanza y un desarrollo sostenible.French Abstract:Cet article examine dans quelle mesure les institutions nationales des droits de l’homme (INDH) au Ghana et en Ouganda contribuent au renforcement de la démocratie et du développement durable dans ces pays. Une approche fondée sur les droits de l’homme est utilisée pour enquêter sur les violations des droits de l’homme, la marginalisation, les exclusions et les discriminations à l’encontre des groupes vulnérables de la société. Cet article examine si les INDH sont proactives dans l’adoption de mesures préventives pour protéger et promouvoir ces droits dans le contexte africain. L’étude a utilisé une méthodologie qualitative et une étude de cas. Il a été constaté que l’environnement juridique dans lequel les INDH sont ancrées ainsi que leurs opérations déterminent en grande partie leur efficacité et les conditions de réalisation de la bonne gouvernance et du développement durable.
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Mujuzi, Jamil Ddamulira. "The Ugandan Human Rights (Enforcement) Act of 2019: Addressing Some of the Likely Challenges to its Implementation." Journal of Human Rights Practice 13, no. 3 (November 1, 2021): 585–605. http://dx.doi.org/10.1093/jhuman/huab043.
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Abstract Article 50(4) of the Constitution provides that ‘Parliament shall make laws for the enforcement of the rights and freedoms under this Chapter [the Bill of Rights].’ In January 2019, the Ugandan Parliament passed the Human Rights (Enforcement) Act to give effect to Article 50(4) of the Constitution. The Act was assented to by the president in March 2019. This Act has the potential to revolutionize the protection of human rights in many ways such as holding public officials accountable for human rights violations; compensating victims of human rights violations; criminalizing the violation of human rights; and requiring courts to nullify trials if a non-derogable right of the accused has been violated. It also stipulates the time within which a victim of a human rights violation has to institute a claim for compensation. Cases have started to emerge from the High Court on some of these issues. The purpose of this article is to discuss the strengths and weaknesses of the relevant provisions of this Act, on the issues above, and suggest ways in which the Act can be interpreted by courts to better protect human rights in Uganda. Weakness of the Act include: failure to define some of the offences which means that people will not be prosecuted for violating some non-derogable rights; the fact that the sentence provided for in the Act is not applicable to juristic persons means that they will not be punished for violating human rights; the Act does not address the issue of costs and the danger of excluding evidence which was not obtained through violating a non-derogable. The Act would have to be amended to address these shortcomings.
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Boyd, Lydia. "The Problem with Freedom: Homosexuality and Human Rights in Uganda." Anthropological Quarterly 86, no. 3 (2013): 697–724. http://dx.doi.org/10.1353/anq.2013.0034.
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Nampewo, Zahara. "The Illusion of Greener Pastures: Violence and Justice for Female Ugandan Migrant Workers in the Middle East." Strathmore Law Journal 5, no. 1 (June 1, 2021): 11–47. http://dx.doi.org/10.52907/slj.v5i1.139.
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High levels of unemployment especially among the youth remains one of Uganda’s challenges. About 165,000 Ugandans currently work in the Middle East; some in search of greener pastures through what the labour movement terms as labour expropriation. The Ugandan Government has recognised this expropriation as one providing employment opportunities for young people and good for Uganda’s economy. However, many youth - mostly young women - have fallen prey to violence and abuse meted on them by their employers, including physical and sexual abuse. This article illustrates through real experiences of Ugandan women, the negative consequences of labour expropriation, which have attracted national visibility because of the obvious human rights and gender-based violations that arise especially in the form of violence against women. The article also examines the legal and policy framework relevant to expropriation, including bilateral agreements signed between Uganda and receiving countries in the Middle East. Making reference to interviews with returnees or former domestic workers in the Middle East as well as key informants working in key institutions, this interrogation finds both the laws and structures for protection of young women inadequate in terms of meeting their subjective needs and expectations for protection against violence while working abroad. Going forward, the Ugandan Government should make deliberate efforts at addressing the plight of female migrant workers in the Middle East through strengthening the legal framework and facilitating the Ministry of Gender, Labour and Social Development to undertake stronger monitoring of recruitment agencies, among other initiatives.
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Oloka-Onyango, J. "Poverty, Human Rights and the Quest for Sustainable Human Development in Structurally-Adjusted Uganda." Netherlands Quarterly of Human Rights 18, no. 1 (March 2000): 23–44. http://dx.doi.org/10.1177/092405190001800103.
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In a bid to address the almost two decades of economic malaise and decline that Uganda had experienced in the 1970s and 1980s, Yoweri Museveni's National Resistance Movement adopted radical measures of economic adjustment under the tutelage of the World Bank and the International Monetary Fund. Although those measures resulted in significant economic growth – in GDP terms – this article argues that they failed to be conscious of basic principles of human rights relating to equality, non-discrimination and participation, and have consequently compounded the situation of poverty in the country. It further argues that the ‘non-party’ political system in existence further undermines the promotion and protection of fundamental human rights.
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Sharan, Anupama. "Book Review: Displacing Human Rights: War and Intervention in Northern Uganda." Insight on Africa 3, no. 2 (July 2011): 177–80. http://dx.doi.org/10.1177/0975087814411141.
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George, Kizito Michael. "Market Fundamentalism and the Ethics of Democracy in Uganda." Journal of Research in Philosophy and History 2, no. 2 (November 25, 2019): p172. http://dx.doi.org/10.22158/jrph.v2n2p172.
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Democratic systems ought to have certain central tenets that act as ethical boundaries. The violation of these ethical boundaries relegates democratic systems to mere mirages, perversions and phantoms. The market fundamentalistic stance of neo-liberalism leads to the abuse of virtually all the central tenets of democracy. Neo-liberalism advocates for a weak interventionist state in terms of fostering human rights and social justice and a strong regulatory state in terms of protecting and promoting markets and private property. Democracy on the other hand calls for a strong interventionist state to implement the human rights and social justice mandate on behalf of the people and a strong regulatory state to curtail the abuse of human rights and social justice. This paper argues that in neo-liberal states like Uganda, markets and the accumulations of private property in most cases through primitive accumulation take precedence over democracy. This has culminated into privations of democracy such as; autocratic majoritarianism, mobocracy, kleptocracy, prebendalism and neo-patrimonialism.
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Nanima, Robert Doya. "The (Non) Enforcement of the Right to a Fair Trial with Regard to the Admissibility of Evidence Obtained through Human Rights Violations: A Comment on Uganda's Human Rights (Enforcement) Act 2019." African Journal of International and Comparative Law 27, no. 4 (November 2019): 654–61. http://dx.doi.org/10.3366/ajicl.2019.0295.
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The enactment of the Human Rights (Enforcement) Act comes at a time when the Constitution of the Republic of Uganda 1995 and national legislation remain silent on the issue of dealing with evidence obtained through human rights violations. The exception is in the Prohibition and Prevention of Torture Act of 2012 that deals with the admissibility of evidence obtained through torture and cruel, inhuman and degrading treatment. This lack of clarity has been exacerbated by the limited scope in the decisions handed down by courts. This comment argues that the new law does not effectively deal with the enforcement of an accused's right to a fair trial due to lack of a statutory provision to deal with evidence obtained through human rights violations. To substantiate this position, the comment provides the current position of the law on evidence obtained through human rights violations. This is followed by an evaluation of the relevant provisions of the new law. Finally, proposals on the way forward are offered.
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Junior, Ratemo Tom. "Intensifying legal protection against human rights violations in the Covid-19 era: A case study of Kenya, Uganda and Tanzania." Journal of Comparative Law in Africa 7, no. 2 (2020): 90–122. http://dx.doi.org/10.47348/jcla/v7/i2a4.
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The coronavirus pandemic has, since its outbreak in late 2019, not only caused a global health care crisis but has also had a negative impact on the exercise of social, economic, cultural and political rights. Vulnerable and marginalised groups in Kenya, Uganda and Tanzania are among the worst affected. To respond to the crisis, the three East African countries imposed several measures aimed at curtailing the spread of the disease, which included a mandatory 14 days of self-quarantine for persons arriving from abroad; the closure of borders, religious and educational institutions; the suspension of international and domestic flights; the suspension of public court proceedings and gatherings; the imposition of a dusk to dawn curfew; and the restriction of people’s movement in certain areas. All these measures in one way or another affect the exercise of fundamental human rights. In the past few months, the number of reported cases of human rights violations has been escalating. This article seeks to highlight the three states’ practice of avoiding the ‘naming, shaming and prosecuting’ of perpetrators of human rights violations during the coronavirus pandemic. It also exposes instances of human rights violations in Kenya, Uganda and Tanzania during the pandemic. In addition, the paper proposes measures to be undertaken to intensify legal protection against human rights violations during the coronavirus pandemic. Finally, the paper explores the elusive option of making the top state officials legally accountable for individual human rights violations.
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Mills, Kurt. "Displacing Human Rights: War and Intervention in Northern Uganda by Adam Branch." Human Rights Review 14, no. 4 (October 3, 2013): 411–13. http://dx.doi.org/10.1007/s12142-013-0290-2.
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Dicklitch, Susan, and Doreen Lwanga. "The Politics of Being Non-Political: Human Rights Organizations and the Creation of a Positive Human Rights Culture in Uganda." Human Rights Quarterly 25, no. 2 (2003): 482–509. http://dx.doi.org/10.1353/hrq.2003.0015.
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McQuaid, Katie R. V. "“We raise up the voice of the voiceless”: Voice, Rights, and Resistance amongst Congolese Human Rights Defenders in Uganda." Refuge: Canada's Journal on Refugees 32, no. 1 (May 6, 2016): 50–59. http://dx.doi.org/10.25071/1920-7336.40383.
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Amongst Uganda’s Congolese refugee population are a number of human rights defenders who actively resist the construction of refugees as dispossessed and displaced humanitarian aid recipients. Upon fleeing the complex and violent conflicts of the Democratic Republic of Congo, rather than supplicate to a humanitarian regime saturated with the language of human rights, these young men draw on human rights to “raise up the voice of the voiceless.” This article explores how defenders draw on human rights to understand, articulate, and resist the constraints of forced displacement into a humanitarian regime.
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Mubangizi, John Cantius. "The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation." African Journal of Legal Studies 2, no. 1 (2006): 1–19. http://dx.doi.org/10.1163/221097312x13397499736345.
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AbstractThis article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attempt to transform themselves into democratic societies. In a sense, these countries can be seen as transitional societies, emerging as they have done, from long periods of apartheid and foreign domination or autocratic dictatorships. The latter is true for Uganda and Ghana while the former refers to South Africa and Namibia. The article concludes that South Africa has not only made the most advanced constitutional provision for socio-economic rights, it has also taken the lead in the judicial enforcement of such rights, an experience from which the other countries in the survey can learn.
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Balarabe, Kasim, Valentine Tebi Mbeli, and Abdulkareem Azeez. "Assessing the Effectiveness of the Uganda Human Rights Commission vis-à-vis the Paris Principles Relating to the Status of National Human Rights Institutions." African Journal of International and Comparative Law 30, no. 3 (August 2022): 424–48. http://dx.doi.org/10.3366/ajicl.2022.0417.
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The Paris Principles relating to the status of national human rights institutions set universally acknowledged standards for assessing the effectiveness of a domestic national human rights institution. However, it is often the case for these institutions to formally conform to the principles but remain ineffective. The article examines the Uganda Human Rights Commission, which enjoys ‘A’ status for its compliance with the Paris Principles parameters and discovered that, notwithstanding the compliance, the effectiveness of a national human rights institution could be hampered in practice. The article argues that proper assessment of the effectiveness of a domestic institution should transcend formal and structural compliance with the Paris Principles and examine the practical manifestation of those standards in the institution's operation. The institutions can be rendered ineffective by the appointment of unqualified members, lack of diversity and pluralism, inadequate funding and facilities, unnecessary bureaucratic bottlenecks, binding incompatible instruments and non-compliance with decisions.
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McKnight, Janet. "Accountability in Northern Uganda: Understanding the Conflict, the Parties and the False Dichotomies in International Criminal Law and Transitional Justice." Journal of African Law 59, no. 2 (June 1, 2015): 193–219. http://dx.doi.org/10.1017/s002185531500008x.
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AbstractThe conflict in northern Uganda presents a unique study in comparing international, domestic and traditional responses to justice and stability amid prolonged conflict. This article explains the colonial and political background of the country and the emergence of the parties to the fighting, and describes the violations of international humanitarian and human rights law committed by all armed groups. It examines the various responses to these violations, focusing on Uganda's Amnesty Act, International Criminal Court indictments, the Juba peace talks, and traditional conflict resolution and reconciliation ceremonies, and explores how these mechanisms for negotiating peace and instilling justice are facilitating or interfering with each other. Overall, it attempts to discover how this interplay between international idealism, regional and national politics, cultural influences and logistical feasibility not only presents important lessons concerning the conflict in Uganda, but also reflects and informs false dichotomies in international criminal law and transitional justice.
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Saltnes, Johanne Døhlie, and Markus Thiel. "The Politicization of LGBTI Human Rights Norms in the EU‐Uganda Development Partnership." JCMS: Journal of Common Market Studies 59, no. 1 (January 2021): 108–25. http://dx.doi.org/10.1111/jcms.13141.
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Ngwena, Charles G. "Taking Women's Rights Seriously: Using Human Rights to Require State Implementation of Domestic Abortion Laws in African Countries with Reference to Uganda." Journal of African Law 60, no. 1 (November 16, 2015): 110–40. http://dx.doi.org/10.1017/s002185531500025x.
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AbstractThis article is constructed around the premise that women's rights to safe abortion give rise to obligations that the state has a positive duty to implement. Using Uganda as a case study, it frames failure by a state to implement its abortion laws in ways that render the rights tangible and accessible to women as a violation of human rights. The article develops a normative human rights framework for imposing on a state the obligation to take positive steps to implement abortion laws that the state, itself, has adopted. The framework does not depend on requiring the state first to reform its substantive laws or broaden the grounds for abortion. Rather, it focuses on the implementation of existing domestic laws. The article draws its remedial juridical responses partly from conceptions of women-centred rights to procedural justice, equality and health, and partly from jurisprudence developed in recent years by United Nations treaty-monitoring bodies and the European Court of Human Rights.
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Mubangizi, John C., and Prenisha Sewpersadh. "A Human Rights-based Approach to Combating Public Procurement Corruption in Africa." African Journal of Legal Studies 10, no. 1 (August 18, 2017): 66–90. http://dx.doi.org/10.1163/17087384-12340015.
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Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice – especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries. Corruption occurs in both the public and private sectors and affects human rights by deteriorating institutions and diminishing public trust in government. Corruption impairs the ability of governments to fulfil their obligations and ensure accountability in the implementation and protection of human rights – particularly socio-economic rights pertinent to the delivery of economic and social services. This is because corruption diverts funds into private pockets – impeding delivery of services, and thereby perpetuating inequality, injustice and unfairness. This considered, the focus of this paper is on public procurement corruption. It is argued that by applying a human rights-based approach to combating public procurement corruption, the violation of human rights – particularly socio-economic rights – can be significantly reduced. Through a human rights-based approach, ordinary people can be empowered to demand transparency, accountability and responsibility from elected representatives and public officials – particularly those involved in public procurement. In the paper, reference is made to selected aspects of the national legal frameworks of five African countries: South Africa, Uganda, Kenya, Nigeria and Botswana.
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Liebling, Helen Jane, Hazel Rose Barrett, and Lillian Artz. "Sexual and gender-based violence and torture experiences of Sudanese refugees in Northern Uganda: health and justice responses." International Journal of Migration, Health and Social Care 16, no. 4 (October 12, 2020): 389–414. http://dx.doi.org/10.1108/ijmhsc-10-2019-0081.
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Purpose This British Academy/Leverhulme-funded research (Grant number: SG170394) investigated the experiences and impact of sexual and gender-based violence (SGBV) and torture on South Sudanese refugees’ health and rights and the responses of health and justice services in Northern Uganda. Design/methodology/approach It involved thematic analysis of the narratives of 20 men and 41 women refugees’ survivors of SGBV and torture; this included their experiences in South Sudan, their journeys to Uganda and experiences in refugee settlements. In total, 37 key stakeholders including health and justice providers, police, non-government and government organisations were also interviewed regarding their experiences of providing services to refugees. Findings All refugees had survived human rights abuses carried out in South Sudan, on route to Uganda and within Uganda. Incidents of violence, SGBV, torture and other human rights abuses declined significantly for men in Uganda, but women reported SGBV incidents. The research demonstrates linkages between the physical, psychological, social/cultural and justice/human rights impact on women and men refugees, which amplified the impact of their experiences. There was limited screening, physical and psychological health and support services; including livelihoods and education. Refugees remained concerned about violence and SGBV in the refugee settlements. While they all knew of the reporting system for such incidents, they questioned the effectiveness of the process. For this reason, women opted for family reconciliation rather than reporting domestic violence or SGBV to the authorities. Men found it hard to report incidences due to high levels of stigma and shame. Research limitations/implications Refugees largely fled South Sudan to escape human rights abuses including, persecution, SGBV and torture. Their experiences resulted in physical, psychological, social-cultural and justice effects that received limited responses by health and justice services. An integrated approach to meeting refugees’ needs is required. Practical implications The authors make recommendations for integrated gender sensitive service provision for refugees including more systematic screening, assessment and treatment of SGBV and torture physical and emotional injuries combined with implementation of livelihoods and social enterprises. Social implications The research demonstrates that stigma and shame, particularly for male refugee survivors of SGBV and torture, impacts on ability to report these incidents and seek treatment. Increasing gender sensitivity of services to these issues, alongside provision of medical treatment for injuries, alongside improved informal justice processes, may assist to counteract shame and increase disclosure. Originality/value There is currently a lack of empirical investigation of this subject area, therefore this research makes a contribution to the subject of understanding refugees’ experiences of SGBV and torture, as well as their perceptions of service provision and response. This subject is strategically important due to the pressing need to develop integrated, gendered and culturally sensitive services that listen to the voices and draw on the expertise of refugees themselves while using their skills to inform improvements in service responses and policy.
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Donno, Daniela, and Anne-Kathrin Kreft. "Authoritarian Institutions and Women’s Rights." Comparative Political Studies 52, no. 5 (September 10, 2018): 720–53. http://dx.doi.org/10.1177/0010414018797954.
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While dictatorships perform worse than democracies in respect for most human rights, a large number of autocracies have prioritized the advancement of women’s rights. We present a theory of authoritarian rights provision that focuses on the incentives for dictatorships to secure women’s loyalty, and we identify the particular capacity of institutionalized party-based regimes to supply—and capitalize from—women’s rights policies. Analyzing a comprehensive sample of authoritarian regimes from 1963 to 2009, we find that party-based regimes are associated with greater economic and political rights for women irrespective of whether they hold multiparty elections. A comparative exploration of authoritarian Uganda, Tanzania, and Kenya sheds further light on these findings and examines alternative explanations. Our account of women’s rights as a tool of autocratic party coalition-building contrasts with the provision of civil and associational rights—so-called “coordination goods”—which represents a concession to the opposition and tends to accompany liberalization.
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Denov, Myriam. "Girl Soldiers and Human Rights: Lessons from Angola, Mozambique, Sierra Leone and Northern Uganda." International Journal of Human Rights 12, no. 5 (December 2008): 813–36. http://dx.doi.org/10.1080/13642980802396903.
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Malagala, Tenywa Aloysius. "Is there a need for a human rights based Approach to health in Uganda?" Commonwealth Law Bulletin 35, no. 3 (September 2009): 463–96. http://dx.doi.org/10.1080/03050710903112982.
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Beckmann, Gitte. "Sign language as a technology: existential and instrumental perspectives of Ugandan Sign Language." Africa 92, no. 4 (August 2022): 430–48. http://dx.doi.org/10.1017/s0001972022000432.
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AbstractThe introduction of Ugandan Sign Language in Acholi, northern Uganda, was part of a growing internationally linked disability movement in the country and was set within the framework of development policy and human rights-based approaches. In this context, Ugandan Sign Language appeared as a technology of development. But how did the appropriation of Ugandan Sign Language change deaf people’s lives, their being-in-the-world, in Acholi? In using the theoretical approach of existential and instrumental perspectives on technologies by Martin Heidegger, this article analyses the complex transitions following the appropriation of Ugandan Sign Language on international, national and local levels. The disability movement – including Ugandan Sign Language projects – reached Acholi during the time of war between the Lord’s Resistance Army and Ugandan national forces. Displacement brought scattered deaf people together in towns and camps, where Ugandan Sign Language was introduced through workshops and institutions including churches. This created new forms of communication and possibilities of sociality. After the war, gender differences emerged, as many deaf women returned to rural homes where they had few opportunities to communicate with other sign language users.
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D'Sa, Rose M. "Human and Peoples′ Rights: Distinctive Features of the African Charter." Journal of African Law 29, no. 1 (1985): 72–81. http://dx.doi.org/10.1017/s0021855300005635.
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The African Charter on Human and Peoples' Rights was adopted unanimously in June, 1981, by the Organisation of African Unity (O.A.U.). Although it is not yet in force its adoption represents an important landmark in the protection and promotion of human rights on the African continent. The O.A.U. has in the past been sharply criticized for its apparent indifference to the suppression of human rights in a number of independent African States. Although the founding Charter of the O.A.U. of 1961 makes reference to the issue of human rights in Article II l (e) and also mentions in general terms the need to promote the welfare and well-being of the African people, its primary concern has been with the eradication of colonialism andapartheidon the African continent. In this context it is clearly committed to the achievement of human rights and self-determination of the peoples of South Africa and Namibia. However, other breaches of human rights on a widespread scale, such as the massacre of thousands of the Bahutu tribe of Burundi in 1973, was neither discussed nor condemned by the O.A.U. Similarly, the mass murders and other atrocities during the former regime of Idi Amin (Uganda 1971–79) and subsequently and also those which took place during the regime of Jean-Bedel Bokassa, (Central African Republic 1966–79) and Marcias
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Owor, Maureen. "Creating an Independent Traditional Court: A Study of Jopadhola Clan Courts in Uganda." Journal of African Law 56, no. 2 (August 29, 2012): 215–42. http://dx.doi.org/10.1017/s0021855312000095.
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AbstractThis article examines the contribution of clans (kinship institutions) to the administration of justice within the context of standards set out in the African regional human rights instruments. Field work on the Jopadhola of Eastern Uganda is drawn upon, to explore how clans reproduce their notion of an independent court using an abridged legal doctrine of separation of powers, and partially mimicking lower level government and judicial features. The field work also shows how clans accommodate interests of women and youth. Even so, clans retain a largely customary approach to the appointment, qualifications and tenure of court officials. The main findings lead to the conclusion that, by applying an “African” notion of human rights, clans have created traditional constructs of an independent court: one that is culturally appropriate for their indigenous communities.
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Arnott, Grady, Charles Otema, Godfrey Obalim, Beatrice Odallo, Teddy Nakubulwa, and Sam B. T. Okello. "Human rights-based accountability for sexual and reproductive health and rights in humanitarian settings: Findings from a pilot study in northern Uganda." PLOS Global Public Health 2, no. 8 (August 22, 2022): e0000836. http://dx.doi.org/10.1371/journal.pgph.0000836.
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Ensuring accountability for the realization of sexual and reproductive health and rights is a human rights obligation and central tenet of strategies to improve health systems and outcomes in humanitarian settings. This pilot study explored the feasibility and acceptability of deploying human rights strategies, specifically through a participatory community-led complaints mechanism, to hold humanitarian health systems to account for the sexual and reproductive health and rights of refugee and host community women and girls in northern Uganda. Over a fifteen-month period we conducted a multi-methods exploratory study with refugee and host community rights-holders and duty-bearers using longitudinal in-depth interviews, focus groups, and secondary data document review. Deductive and inductive coding techniques were used to analyze data iteratively for content and themes. 107 sexual and reproductive health and rights related complaints and feedback were collected through the community complaints mechanism. Complaints concerned experiences of disrespect and abuse by health care workers; lack of adolescent access to sexual and reproductive health services and information; sexual and gender-based violence; and lack of access to acceptable and quality health goods and services. Participants reported an increased understanding and claiming of human rights through the intervention, acceptability of rights-based accountability strategies among humanitarian health system actors, and improved access to remedies when sexual and reproductive health rights are not respected. Findings demonstrate integrating rights-based social accountability mechanisms at the level of humanitarian response as a promising approach for strengthening and holding humanitarian health systems accountable for the sexual and reproductive health and rights of women and girls affected by humanitarian situations.
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Kimbugwe, C., S. Sou, H. Crichton-Smith, and F. Goff. "Practical system approaches to realise the human rights to water and sanitation: results and lessons from Uganda and Cambodia." H2Open Journal 5, no. 1 (February 21, 2022): 69–83. http://dx.doi.org/10.2166/h2oj.2022.040.
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Abstract The United Nations General Assembly's 2010 legal recognition of the human rights to water and sanitation shaped approaches of many actors working to improve access to water, sanitation and hygiene (WASH). Persistent challenges of poor WASH sustainability, scale and inclusion are increasingly being tackled through system thinking and system strengthening. However, little has been written about how participatory system analysis and monitoring can equip and empower WASH actors to apply system thinking, self-assess and course-correct in their own work to improve sustainable WASH for all. WaterAid's Sustainable WASH Services at Scale (SusWASH) programme applies a system approach, underpinned by human rights principles. In this paper, we share perceptions of local stakeholders, engaged in empowerment evaluation in Cambodia and Uganda, and lessons learned for future initiatives that seek to catalyse WASH system improvements for the realisation of the human rights to water and sanitation. We argue that a system approach, underpinned by human rights principles, can help advance progress towards inclusive and sustainable WASH for all. Working in this way fosters inclusive, locally led decision-making about how system blockages can be overcome, strengthening local ownership of a shared vision for change and the capacities and skills required to achieve it.