School of Law (S.Law)

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    Access to gender justice in Uganda : a feminist analysis of the experience of victims of rape in the reporting and prosecution processes
    (Makerere University, 2022) Adoch, Caroline
    This study is a feminist analysis of how victims of rape experience the criminal justice system as they report and prosecute cases and the impact that this has on their access to justice. Anchored in feminist theory, the study takes the position that male-perpetrated rape against women is a crime of sexual violence and that it is a common experience in the lives of girls and women and causes great harm to the survivors. This marks a significant departure from the common law position that considered rape as an offence against ‘morality’ rather than as assault against the person. The study explored three main research questions. First, what is the implication of the definition of rape in Uganda’s Penal Code Act for victims of rape? Secondly, what legal and institutional frameworks exist for the protection of the rights of victims of rape in the reporting and prosecution of rape cases? and thirdly, what key issues and challenges do the victims of rape face in the reporting and prosecution of rape cases and how do these impact on their access to justice? Through a qualitative analysis of the functioning of Uganda’s legal system as experienced by victims of rape, the key findings show that the definition of the crime of rape in Uganda is artificially narrow and that victims of rape who report and prosecute cases do so in a patriarchal colonial criminal justice system that is massively rigged against them. Secondly, rape survivors are re-traumatized in a context fraught with shame, stigma, victim blaming, poverty and a criminal justice framework where they have no legally-defined position, rights or voice. Third, the criminal justice system does not provide substantive access to justice for women who report and prosecute cases of rape; instead they experience the process as a series of continued gendered violations. In sum, the justice they undergo is highly gendered. The study concludes that many of the difficulties that women face in the criminal justice system are an inherent aspect of the patriarchal colonial common law adversarial criminal justice system and cannot be wholly addressed by legal and policy reforms without rooting out those of patriarchal structures and legacies. The study therefore recommends a recourse to restorative justice which will guarantee full and comprehensive justice and accountability for rape survivors.
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    An accused's self-incrimination to end trial? plea bargaining and the right to a fair hearing in Uganda
    (Makerere University, 2023-12) Nakibuule, Gladys Kisekka
    Legislating for plea bargaining as a shortened trial model in order to secure faster convictions may fall short of measuring the accused's right to a fair and speedy trial meaningfully. It calls into question, the fairness and legitimacy of plea bargaining's implementation. A state's unique socio-legal, economic, and sometimes cultural factors may compel the accused to admit guilt inadvertently and self-incriminate, hoping for lenient sentences, as in Uganda. In 2016, Uganda legislated plea bargaining—a full trial waiver model alongside the traditional full trials— to address trial delays. Uganda did not put in place adequate statutory and administrative implementation mechanisms to balance the accused's inviolable right to a fair hearing with the expediency interests of the other players, particularly the state. The procedure seemingly protects more the state's interests in numerical court case dispositions than the accused’s interest in speedy justice. This qualitative, occasionally quantitative, case study therefore questions if it promotes or negates the accused's right to a fair hearing. The study investigated plea bargained cases in 2014–2021 in 11 Ugandan High Court circuits and two High Court Divisions: The High Court Criminal Division and the International Criminal Division. The circuits included Arua, Fort Portal, Gulu, Kabale, Lira, Masaka, Masindi, Mbale, Mbarara, Mubende and Soroti. The study analysed empirical data, mainly narratives from 126 respondents, who included 66 accused convicts and 60 justice actors, and doctrinal data from diverse laws, treatises, and literature. Primarily, the study found that most accused, regardless of demographics or guilt, plea bargained as a gamble to avoid indefinite pre-trial detention and uncertain trial time, not that the procedure guaranteed their right to a speedy trial under the right to a fair hearing. The procedure was unfairly administered to most of them, with fair trial rights not fully explained to them, amidst a slew of impediments, such as courts failing to allow them tell their stories, which all impugned fair hearing. When viewed holistically, plea bargaining neither reduced case backlogs (that include prison congestion) in the entire criminal justice system nor fully adhered to international standards. These fundamental dilemmas undermine its legitimacy. This study, therefore, makes a case for contextualising a plea bargain in real case time if its processes' timeframe is tracked from the accused's arrest until sentencing. It is ideal, among other legal, administrative and institutional reforms, to legislate its intermediate processes' deadlines to achieve legitimately speedy trials. A plea bargain offer is more relevant to the accused at the time of arrest to prevent inadvertent self-incriminations due to lengthy pretrial detention or trial waiting.
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    Administrative tribunals and dispute settlement: A case study of the Makerere University Staff Tribunal
    (Makerere University, 2022-04) Kiconco, Naome
    This thesis looks at the role of administrative tribunals in dispute settlement, with specific reference to the Makerere University Staff Tribunal, which is created under Section 56 of the Universities and Other Tertiary Institutions Act 2001 as amended. It also looks at the role of lay members in the decision-making process of tribunals, even where complainants/appellants are represented by advocates.
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    African economic integration: The legal and institutional perspectives of the Common Market for Eastern and Southern Africa (COMESA).
    (Makerere University, 2009) Maiteki, Bigirwa George
    Every continent has at least one major integration movement. Europe has the European Union, Asia has the Association of South East Asian Nation (ASEAN) and the Asian Pacific Economic Cooperation (APEC), North –America has the North American Free Trade Area (NAFTA), Latin America has the latin America Association for Common Market (ANCOM), America has the Central American Common Market (CACM). Africa has three major ones; the South African Development Community (SADC), Economic Community for West African States (ECOWAS), the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) which is the research focus. There are two reasons that make COMESA a more appropriate regional group for study in terms of relevance and interest as compared to other integration movements on the African continent. Nine of the African ten member states of SADC are also part of the member states of COMESA. COMESA is the largest regional grouping in Africa. The study sets out to analyse the history of regional Integration in Eastern and Southern Africa especially on COMESA. It will also be necessary to establish the limitations of the Legal and Institutional framework and its ramifications for the future of regional Integration. The study further assesses the Institutional and Legal opportunities, challenges and achievements of regional Integration in the context of COMESA. iv The study also deals with comparative aspects of the Legal and Institutional perspectives of COMESA with those existing in the EU, NAFTA and ECOWAS. Proposals for reforms that would engender COMESA activities in light of existing and future challenges are covered in the study as critical areas that would offer benchmarks for a cherished regional body.
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    An analysis of the effectiveness of the electoral college system in attaining electoral democracy in Uganda: a case of elections of representatives of persons with disabilities to parliament
    (Makerere University, 2023-11) Bukaayi, Jackie
    This study analysed the effectiveness of electoral colleges in the attainment of Electoral Democracy in Uganda. It specifically examined the election of Representatives of Persons with Disabilities (PWDs) to Parliament. The study process was guided by specific objectives which sought to score the aim of research. A qualitative study design approach was employed involving sampling, interview and desktop research as the methodology. The study found that whereas voting by electoral colleges is more affordable and a convenient method of voting for both the organizers and participants, however, electoral colleges are grounded in discriminatory legal framework which infringes the enjoyment of the right to vote for the majority PWDs contrary to domestic and international legal frame work. The study further discovered that PWDs electoral colleges manipulate voters, create disability imbalance where persons with physical disability are favoured over other disabilities (psychosocial and intellectual disability), undermine the purpose of multipartism due to the eminent bias towards supporting ruling party candidates and discriminates against the illiterate and semiilliterate PWDs who are never consulted on the electoral processes. And the electoral college system has no proper accountability channels for the majority of PWDs since the representatives tend to only care for the delegates of the National Electoral College as their direct voters. The study concludes that these gaps cause contravention of a number of domestic and international legal frameworks thereby rendering the electoral college system ineffective in the attainment of Parliamentary electoral democracy for the PWDs. The study recommends that Parliament amends the electoral legal framework for PWDs elections to provide for Universal Adult Suffrage since it allows for inclusiveness of all PWDs and accommodates the different categories of disability. Electoral Commission should put in place reasonable accommodation measures such as ensuring effective communication with the PWDs (sign language interpreters), demarcating PWDs user friendly polling centres and availing the required assistive devices and technologies (braille ballot papers, hearing aids etc.). The institutional framework should streamline political party participation to facilitate the enjoyment of freedom of association and assembly. Government should increase funding to the Electoral Commission, MoGLSD, NCPD and other related institutions to enable them carry out their mandate including voter and civic education for the PWDs. Finally, Government should employ a multi-stakeholder approach in organising the elections of PWDs. The researcher is optimistic that if the recommendations proposed are adopted and implemented by government, the PWDs will enjoy their individual right to vote and Parliamentary Electoral Democracy
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    An analysis of the effectiveness of the laws of consumer protection in Uganda's telecommunication sector: the case of MTN Uganda Limited
    (Makerere University, 2024-09) Nayebare, Esther
    The study focused on the effectiveness of the laws on consumer protection in Uganda’s telecommunication sector, with MTN Uganda Limited as a case study. As such, the consumption behaviors of customers and the level of compliance by MTN Uganda Limited with consumer protection standards in its provision of telecommunication services to its consumers was analyzed. The study mainly employed the qualitative methods of data collection, complemented with the doctrinal study approaches. Data was collected through interviews distributed to the respondents who included customers and officers from Bank of Uganda (BOU). The participants gave opinions and experience on the types, nature and quality of services offered by MTN Uganda Limited. An assessment was also made on MTN Uganda’s compliance with the consumer protection standards established and their perspectives on consumer protection. The study revealed that despite existence of a legal framework governing compliance with consumer protection in the telecommunication sector in Uganda, there are challenges of ethical marketing practices in provision of telecommunication services. This has thus greatly affected the consumers‘ interests and consumption rights. The study found that despite this shortfall, MTN Uganda Limited has made tremendous progress in allocating its compliance and marketing departments with the mandate to deal with the issues of ethical marketing, fair pricing, and complaints handling to ensure consumer satisfaction and consumer protection. The study concluded that implementation of the legal provisions on monitoring and ensuring compliance with consumer protection laws by the regulator, UCC still remains a great challenge. The study recommended extensive research and legal reform to bear into this thematic domain. The study further recommended raising consumer protection awareness, through strict implementation and enforcement of the legal framework to add dimensions of obligations and accountability by MTN Uganda Limited whose service provision has been the topic of controversy over the years in relation to consumer interests and consumer satisfaction.
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    An analysis of the effectiveness of the legal framework for conflict resolution in the east African community
    (Makerere University, 2024-11) Munyangoga, Bonaventure
    The East African Community (EAC) has experienced some of the most severe conflicts on the African continent.1 The provisions in the Treaty for the establishment of the EAC, particularly Articles 5(1), 123(1), (2), (3)(b), and 124(1), which outline the obligations of member states to collaborate on defence and security to ensure peace, are vague and ambiguous, giving room for varying interpretations by member states. This lack of clarity results in inconsistent implementation of security policies, hence weakening the EAC's ability to resolve conflicts effectively. This study analysed the effectiveness of the legal framework for conflict resolution in the East African Community (EAC). The study used doctrinal legal research methodology and a qualitative approach. The study found that the EAC’s legal framework for conflict resolution encourages diplomacy, cooperation, non-interference, and voting by consensus which often leads to a delay in the EAC's response to conflicts. The EAC’s mandate to maintain peace and security lacks clarity and success when compared with that of ECOWAS, leaving several lessons to learn. The study concluded that the lack of clear provisions for military intervention or peace enforcement restricts the EAC’s effectiveness in situations that demand urgent intervention. The study recommended that the EAC should amend the EAC Treaty to cure the ambiguity in the provisions relating to conflict resolution. Finally, the study also provided for further areas of research.
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    An analysis of the efficacy of anti-corruption laws in combating syndicated corruption in Uganda
    (Makerere University, 2024-12) Maninyitia, Bibianah Oyat
    Corruption is a global challenge that has pervaded every level of society and is one of the greatest hindrances to development of many countries around the world. It occurs in both the private and public sectors and may be trans-border in some instances. Corruption is committed by individuals, multinationals and states, non-profit and charitable organizations, alone or in collusion with others. It keeps on evolving in nature over time and manifests in various forms like paying a bribe to a traffic Police Officer to more sophisticated forms such as money laundering. Multiple reasons underpinned by different theories have been advanced to explain the causes or driving factors of corruption such as sheer self-aggrandizement and economic hardship but this has not achieved much in containing the vice especially in Sub Saharan Africa.
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    An analysis of the legal and institutional frameworks on solid waste management in Uganda: a case study of Kampala District
    (Makerere University, 2024-11) Namugerwa, Thurayya
    The management of solid waste has continued to raise concerns in Uganda, particularly in light of its impact to our environment and ultimately our health and well-being. The problem of poor solid waste management is particularly pronounced in urban areas like Kampala, where inadequate disposal systems, limited public awareness, and insufficient infrastructure have led to pollution, health hazards, and environmental degradation. This study sought to examine the environmental law principles relating to solid waste management. It further examined the legal and institutional frameworks on solid waste management in Uganda and the limitations which remain. It specifically examined the mechanisms used to enforce the solid waste management laws in Uganda with specific focus on Kampala and the challenges faced in the enforcement and the legal strategies to improve solid waste management in Uganda. The study adopted the doctrinal method and the qualitative research design. The researcher relied on the 1995 Constitution of Uganda as amended, relevant Acts, books, scholarly articles and reports. The researcher also conducted key informant interviews with personnel from the Ministry of Water and Environment, National Environment Management Authority, Kampala Capital City Authority, solid waste management companies, an environmental practitioner and a Local Council chairperson. The researcher also used the observation method by visiting the kiteezi landfill and different dumping sites in Kampala and observed how solid waste was managed there. The study found that there are a number of laws which are enforced through environmental planning, standard setting and licensing, monitoring and inspections, public awareness and participation. However, despite the existence of such laws, the solid waste management problem still persists. This is attributed to a number of factors which include; weakness in the law, corruption and poor leadership, limited resources, and lack of sensitization among others. The study proposes recommendations for improvement of solid waste management in Uganda especially Kampala District which can facilitate the transition to building a sustainable and liveable city. The recommendations include, enactment of specific law on solid waste management, recruitment of efficient and qualified personnel in the field of solid waste management, revision of existing laws on the subject, strengthening local government and community participation in solid waste management.
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    An analysis of the legal and regulatory framework for corporate takeovers in Uganda: A case study of the banking and telecommunication sectors of Uganda
    ( 2018-05) Kashaija, Emmanuel
    This study set out to analyze the legal and regulatory framework for corporate takeovers, mergers, and acquisitions in Uganda focusing on the telecommunication and banking sectors in Uganda with the overall aim of suggesting strategies to improve the regulation of corporate takeovers in the two sectors.
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    An analysis of the protection of traditional medical knowledge from biopiracy: challenges and implications for indigenous knowledge in Uganda.
    (Makerere University, 2023-01) Kemigabo, Maureen
    The study examines the protection of Traditional Medicinal Knowledge (TMK) from biopiracy and its implications for indigenous knowledge (IK) in Uganda. It was motivated by concerns from policymakers, civil society, indigenous communities and academia about the risk of biopiracy and the denial of the indigenous communities the right to a share of benefits arising out of the knowledge they have held for centuries. The central argument of this thesis is that the legal protection of TMK from biopiracy in Uganda is inadequate and needs to be urgently addressed. As its objective, the study sets out to critically analyze the efficacy of the laws on the protection of TMK from biopiracy,evaluate them with the object of identifying an appropriate system of protection of TMK from biopiracy, the initiatives taken so far and systems applied in other jurisdictions to identify that which is applicable, and suggest solutions for an effective protection mechanism of TMK from biopiracy in Uganda. The study adopted the qualitative research approach using socio-legal and doctrinal research methodologies to bring out the social aspects of the protection of TMK from biopiracy while at the same time analyzing the law as is—thus permitting the synthesis of rules, principles, norms and values yet taking into consideration the social context. The study relied on the documentary review method and field data collected from key stakeholders concerned with the protection of TMK such as—elders drawn from some clans of Buganda, traditional healers, scholars from the academia, and those from key and incidental institutions concerned with TMK protection using the purposive sampling technique. The study inter alia found that various domestic legislations in Uganda have provisions related to the protection of TMK while a definition of traditional and complementary medicine concerning modern medicine and the control and regulation of the practice of traditional and complementary medicine is provided in the Traditional and Complementary Medicine Act 2019. Furthermore, the Sui Generis system of protection of TK appears to be appropriate for Uganda as it is flexible and could be designed to take the circumstances in the country into consideration. While exposing the limitations of the existing legal framework for the protection of TMK from biopiracy, the study makes the case that the domestic regulations are scattered in various laws and do not bring into effect the provisions of the international instruments based on the state sovereignty principle. The study concludes that protection of TMK from biopiracy exists in the traditional form of secrecy—which also risks the loss of such knowledge in the event of the death of the individual holder given that the knowledge is not documented. The present legal framework is deficient in the protection of TMK from biopiracy in Uganda, exposing TMK to biopiracy and denying the knowledge-holding communities a share of benefits for the knowledge they have held for generations. The study bears serious connotations for indigenous knowledge in Uganda as biopiracy could lead to infringement of the moral rights of the indigenous communities and the consequent loss of their identity. The study recommends that the GoU should: enact and/ or align domestic laws with the regional and international instruments dealing with TMK; ensure that indigenous communities share benefits accruing from their knowledge; meaningfully increase the involvement of the indigenous communities in matters concerned with the protection of TMK from biopiracy; institute an effective coordination mechanism to bring together the key players concerned with TMK in Uganda; urgently develop an appropriate system for the protection of TMK along the Sui Generis system; should establish a TMK repository system where TMK attributed to communities shall be maintained and exclude its appropriation unless the indigenous communities so authorize; in collaboration with civil society and Non-Governmental Organizations (NGOs) document the knowledge and feed it into a national database.
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    An analysis of the registration of traditional folklore as a trademark in Uganda
    (Makerere University, 2024-11) Kobusingye, Edna
    The concept of trademark registration for traditional knowledge has gained momentum as a tool often used by indigenous communities to identify themselves and their products and services. At the same time, there have been concerns that without intellectual property protection for folklore, entrepreneurs will likely use or misuse traditional knowledge for their own commercial gain, without providing any benefit to the communities who created it. As such, this study sought to examine the viability of registering traditional folklore as trademarks in Uganda. It taps into the likely opportunities and constraints that stand in the way of effective trademark protection for traditional folklore. To achieve this, the study applied a mixed research methodology consisting of the doctrinal research design aimed at collecting and applying data from cases, laws and legal scripts on trademark registration of folklore. The study further applied the qualitative and quantitative methodologies which aimed at gathering relevant data from the views and opinions of experts and respondents who interface with the application and intellectual property rights protection of traditional folklore in Uganda. The study found that the construct and relevance of traditional folklore in Uganda is gradually declining, and its application is progressively being phased out by technology and contemporary art forms. However, only a few individuals and communities have registered traditional folklore as trademarks in Uganda. The study concluded that trademark registration laws in Uganda are able to offer intellectual property rights protection for traditional folklore. Trademark registration is an important step in protecting Ugandan folklore from distortion and misuse by the outside world. It is a straightforward process that requires the owner of the mark to show its distinctiveness, uniqueness and distinguishing capabilities. By taking this step, organizations and individual owners of folklore can ensure the protection of Uganda’s valuable cultural heritage. The study recommended that creating awareness on trademark registration of traditional knowledge and enacting special rules would perhaps completely alleviate the shortfalls within the current legal framework on trademark registration for traditional knowledge. Further, amending the current laws on trademark registration to accommodate registration of traditional knowledge would also be a viable solution to ultimately protecting and preserving Uganda’s traditional heritage.
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    Analysis of the role of the board of directors in corporate governance under the Companies Act, 2012
    (Makerere University, 2023-01) Musabi, Comyn
    The Board of Directors has been the black box of company law in large companies with numerous and dispersed shareholding bodies, the central management of the company’s business is necessary in the hands of the board. Yet company law has traditionally specified very little about how this body should operate. The idea that the board is central to the operation of companies was recognized from the beginning by the development of wide range of duties which apply to directors who undertake to act on behalf of the company. However, the questions of which functions should be assigned to the board and how the board should organize itself for the effective discharge of those duties were ones that company law did not seek to answer. The role of the board is to plan and strategize goals and objectives for the short- and long-term good of the company and to put mechanisms in place to monitor progress against the objectives. To this regard, board directors must review, understand and discuss the company's goals. In particular, the board relies on independent directors to challenge the board's perspectives to ensure sound decision-making. In essence, board directors act as stewards of the company that govern for the present times and provide guidance and direction for the future. It's in the board's best interest to develop good working relationships with managers. Corporations run best when the board and senior management hold the same perspectives on strategy, priorities and risk management. Communication is a vital component of good corporate governance. Boards must communicate clearly and in a timely manner to develop a sense of mutual confidence and trust with their managers. It's important for board directors to be having regular conversations with managers about risk mitigation and prevention. Managers need to understand risks so that they can put processes in place to protect the company. The objective of this study was to undertake a comprehensive review of Uganda’s legal framework regarding the structure, functions and powers of Boards of Directors, highlighting the strengths and weaknesses of such framework and recommending changes aimed at addressing any such inadequacies.The findings of this study are as follows: Chapter I, introduces the study and gives an extensive and detailed background to the area of study and its significance. Chapter II reviews Uganda’s corporate legal and institutional governance framework and the findings are that corporate governance issues in Uganda relate to the role of the board, accountability of the board to both shareholders and stakeholders, and financial malpractices, which have led to the collapse of many organisations in Uganda as a result of poor corporate governance practices. The chapter also deduces that the corporate governance legal regime in Uganda is important because it underscores the crucial role of the board of directors of any company and the significance of good accounting standards. Chapter III analyses the international codes like the Cadbury report in the United Kingdom, The UK Corporate governance Code, Kings Reports of South Africa and the Sarbanes-Oxley Act of the United States, among others. The findings are that corporate governance has developed tremendously around the globe often in reaction to corporate scandals. As it develops it creates new laws, regulations and codes both at a national, regional, sector specific and international level which countries like Uganda have adopted as best practices for corporate governance. Chapter IV analyses the code of corporate governance in the two African countries of South Africa and Kenya in a comparative study with the Companies Act, 2012. The findings are that the code of corporate governance of Uganda under the Companies Act, 2012 in comparison to its counter-parts in South Africa and Kenya is strenuous and not easy to implement especially with regards to private companies where it is voluntary to adopt the said codes into the articles of association of such companies. Finally, Chapter V draws conclusions from the research gathered in the preceding chapters and makes recommendations of how best the code of corporate governance in Ugandan under the Companies Act can be improved to enable the Board of Directors effectively and efficiently carry out its role. The recommendations of this study included inter alia; Sanctions on conflict of interests; Relations with Shareowners and key stakeholders; Selection of board members with skills and experience; Mandatory Corporate Governance Structure for Private Companies; Amendment of Table F to the Companies Act, 2012; Compliance and Enforcement of the code of corporate governance under the Companies Act, 2012, among others.
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    Applicability of the HIV/AIDS prevention and control Act Cap 126 in protection and promotion of the right to non-discrimination among people living with HIV/AIDS: a case of Mulago National Referral Hospital
    (Makerere University, 2024-11) Nsiimenta, Sauni Samantha
    Since the establishment of the HIV/AIDS Prevention and Control Act, intended for protection and promotion of the right to non-discrimination among People Living with HIV (PLHIV), its success especially in public health facilities is very questionable due to the increasing levels of social stigma. This study sought to examine the potency of the Act, in protecting the right to non-discrimination among PLHIV, to find out factors affecting the effectiveness of the Act and to suggest measures that can be adopted to enhance the effectiveness of the Act. The study adopted a qualitative research approach based on a cross-sectional research design. According to the study findings, few people know the Act’s anti-discrimination provisions. Furthermore, the study revealed that despite the provisions of the Act especially sections 32 to 40 that bar any form of discrimination on grounds of HIV status, discrimination against PLHIV still exists. Findings further revealed that discrimination against PLHIV is practiced majorly by persons living without the condition, medical personnel like doctors, nurses and support staff especially in lower hospital facilities. This discrimination is in form of delayed treatment, poor service quality, denial of services, high service charges, some people being made to buy ARVs and other drugs which are supposed to be for free, that some persons get their drugs delivered to their homes yet others travel long distances to be able to access the drugs. The research also discovered that hospital management bodies strive to maintain equality and non-discrimination against PLHIV. Staff in Mulago hospital who handle PLHIV unlike other medical facilities across the country are knowledgeable about human rights issues in addition to requirements of the Act. However, some staff still discriminate against PLHIV. The study found out that the Act is not being implemented by the relevant authorities. It also reveals that societal attitudes and general weak healthcare systems exacerbate the challenge of discrimination of persons living with the condition. The study recommends that addressing these challenges requires concerted efforts from various stakeholders including government bodies, healthcare institutions, civil society organizations, and international partners. The Act should be amended to among others; include provisions that expressly grant the implementation function of the Act including on promotion of equal treatment to the Uganda AIDS Commission (UAC). There is also need for strengthening of the implementation mechanisms of the Act through adoption of effective and efficient monitoring mechanisms, enhance budgetary allocations to UAC, conducting trainings for medical personnel and raise more public awareness on the provisions of the Act, the right to equal treatment to avert the rampant discriminatory practices.
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    Application of mediation as an alternative dispute resolution method: a case study of the commercial division of the High Court of Uganda.
    (Makerere University, 2019) Kagoya, Jackline
    This study examined the application of mediation as an alternative dispute resolution method in Uganda particularly in the High Court Commercial Division. The study specifically sought to; i) examine the application of mediation as an alternative dispute resolution method; ii) establish the effectiveness of mediation as an alternative dispute resolution method in Uganda; and iii) establish the challenges being faced in applying mediation as an alternative dispute resolution at the Commercial Court Division. The study employed a blend of case study design and cross sectional survey design to achieve best results. 32 respondents participated in the study, majority of whom (15 respondents) were drawn from judges and registrars of the commercial court, followed by 6 advocates who appear mostly before the commercial court, 7 accredited mediators and 4 litigants. Study findings indicate that though mediation has been made mandatory at the commercial court, there is still need for sensitization of people on the mediation rules and availability of ADR as a mode of disposing of Court cases. Similarly, a number of judges, registrars, magistrates and advocates trained in mediation in an effort to have experts in mediation. Part of the effectiveness of mediation has been to reduce case backlog, help conflicting parties find a solution acceptable to both and hence maintain a relationship after the case. Mediation has also been successful in terms of cost and time effectiveness, increased transparency and public trust in the judicial system especially at the commercial court. The study established that mediation still faces a number of challenges like advocates who prefer the adversarial system and advise their clients to go for ordinary litigation or stall the mediation process until the stipulated time for mediation is over. There is still a need for more sensitization of Ugandans regarding mediation. The study concludes that the application of mediation process at the commercial court though in its infancy is moving in the right direction. The study recommends review of the current legal framework to bring it at the same level with emerging trends in society, increase funding for mediation and sensitization of the community on the availability of ADR at the Commercial Court Division.
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    The application of the exclusion clause to refugees under International and Municipal Law in Uganda
    (Makerere University, 2009) Awet, Haile Okba
    Uganda has been a home for refugees since time as early as the late 1930s when it received over 7,000 refugees mainly from Poland, Italy, Egypt, Cyprus, Syria and Palestine. The trend, however, escalated in 1950 where about 178,000 Sudanese refugees fled to Uganda as a result of civil war between the northern Arabs and the Southerners. Uganda also experienced another mass exodus in 1959 when about 80,000 Rwandese fleeing civil war between Tutsi and Hutu arrived in the country. During the early days of independence, another 33,000 refugees fled from the former Belgian Congo into Uganda due to a breakdown of law and order in the country.
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    Application of WTO agriculture-related obligations in Uganda’s legal framework
    (Makerere University, 2024) Obbo, Geoffrey Derrick
    Uganda’s economy is heavily reliant on agriculture, therefore enhancing Agri-exports and food security forms a critical part of Uganda’s development agenda in the NDPIII and Vision 2040. The World Trade Organisation established in 1995 with Uganda as a member exists for the purpose of facilitating the implementation, administration, and operations of several multilateral trade agreements. These agreements like the GATT 95 and Agreement on Agriculture create several agriculture related obligations. Therefore, for Uganda to achieve its development targets the WTO agriculture related obligations are critical. Against this background, this thesis examines how agriculture related obligations in the different multilateral agreements have been applied in Uganda’s legal and policy framework. The study examines the different agriculture related obligations created under the WTO in 3 categories i.e. The General obligations (MFN and National Treatment obligations), Market access obligations, domestic support obligations and export subsidies obligations. The thesis examines how these obligations have been applied in Uganda’s legal and policy framework. A comparison is made in the application of these obligations among other WTO members i.e. Kenya, South Africa, Ghana and Uruguay. The study finds that market access obligations are mainly applied through regional trade agreements like the EAC. The study also finds challenges as regards application of SPS measures and technical regulations that become barriers to trade. The study finds that domestic support and export subsidies are still critical to fulfill certain human rights like the right to adequate food and the right to development in Uganda. The study also finds that Uganda and other developing countries are not utilizing WTO dispute resolution mechanisms. Recommendations have been made to for reform within Uganda’s legal and policy framework and also the WTO framework and mechanisms.
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    Appraising the effectiveness of environmental and social impact assessments in the oil and gas sector: the case studies of Uganda, Kenya and Tanzania
    (Makerere University, 2023-08) Muhindo, James
    This study examines and analyses the efficacy of the legal and regulatory frameworks for conducting Environment and Social Impact Assessments. These assessments are focused on the protection against environmental degradation, in East Africa’s budding oil and gas sector covering both the upstream and midstream in the sector. This study was informed by the limited knowledge about the efficacy of ESIA laws because they are recent developments in the East African region since they are in fact missing in Kenya and Tanzania and new in Uganda. Further to this, previous studies have not conceptualized and measured “efficacy” as an aspect of environmental laws developed in the context of a complex sector like oil and gas. The study employed a qualitative methodology which involved in-depth interviews, focus group discussions, desk analysis of relevant legal instruments and other relevant literature. The study combined desk reviews, electronic searches and field data collection and analysis. The study reveals that EAC Partner States have both legal provisions and other institutional frameworks for operationalizing the requirements for ESIAs in their oil and gas projects. Compliance, in terms of oil and gas activities being preceded by ESIA processes, was also found to be a common practice across the three original Partner States of the EAC: Kenya, Tanzania and Uganda. Notwithstanding these positive findings, the Partner States still have a lot of work to do to ensure that ESIAs are effectively used to improve regulation of the Oil and Gas sector in East Africa. Some of the areas that need improvement include: the introduction of punitive sanctions for non- compliance with conditions given in ESIA certificates; making approved ESIAs accessible to the public so as to ensure third party independent monitoring; facilitation for local governments to monitor compliance with the conditions of ESIA certificates; and undertaking periodic environmental audits as recommended.
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    Assessing the efficacy of taxes in the protection of the right to a clean and healthy environment in Uganda
    (Makerere University, 2024-11) Ocitti, Samuel
    The state of the environment in Uganda is a cause for concern, with rapid population growth, urbanization, and industrialization leading to environmental degradation. Deforestation, pollution, and vulnerability to climate change are among the major environmental challenges facing the country. This study investigates the intersection of environmental taxation and the right to a clean and healthy environment in Uganda, amidst pressing challenges such as rapid urbanization, industrialization, and climate change. In this dissertation, the efficacy of taxes in protecting the right to a clean and healthy environment in Uganda is explored, with a focus on how they can help prevent or mitigate environmental catastrophes. With the deterioration of natural resources evidenced by deforestation, pollution, and increased vulnerability to climate-related impacts, this research seeks to analyze the effectiveness of various tax policies in promoting sustainable environmental practices. The right to a clean and healthy environment is established as crucial not only for public well-being but also for fostering accountability and active citizen participation in environmental decision-making. This right places obligations on the state to respect, protect, and fulfil, requiring the state to refrain from interfering with the enjoyment of the right, prevent third parties from doing so, and adopt necessary measures to realize the right. Legislative protection of the environment can be a powerful step toward achieving a cleaner and greener society. The global environmental crisis has spurred the study to emphasize the urgent need for comprehensive action to address environmental degradation while promoting sustainable development. Ultimately, it argues that effective environmental tax policies can significantly contribute to safeguarding Uganda's ecological integrity and fulfilling the right to a clean and healthy environment for its citizens. Mitigating these consequences requires effective measures, such as the imposition of carbon taxes, which can help bring down carbon emissions and promote cleaner investment options. In conclusion, urgent action is needed to protect Uganda's natural resources and promote sustainable development. Implementing taxes, such as carbon taxes, can play a significant role in safeguarding the right to a clean and healthy environment and mitigating the country's environmental challenges.