School of Law (S.Law)http://hdl.handle.net/10570/852024-03-29T07:24:31Z2024-03-29T07:24:31ZAccess to gender justice in Uganda : a feminist analysis of the experience of victims of rape in the reporting and prosecution processesAdoch, Carolinehttp://hdl.handle.net/10570/104862022-05-13T08:41:59Z2022-01-01T00:00:00ZAccess to gender justice in Uganda : a feminist analysis of the experience of victims of rape in the reporting and prosecution processes
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.
A dissertation submitted to the Directorate of Research and Graduate Training in fulfillment of the requirement for the award of a Doctor of Laws of Makerere University.
2022-01-01T00:00:00ZAn accused's self-incrimination to end trial? plea bargaining and the right to a fair hearing in UgandaNakibuule, Gladys Kisekkahttp://hdl.handle.net/10570/130132024-01-09T10:11:19Z2023-12-01T00:00:00ZAn accused's self-incrimination to end trial? plea bargaining and the right to a fair hearing in Uganda
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.
A thesis submitted to the School of Law for the award of the degree of Doctor of Laws (LL. D) of Makerere University
2023-12-01T00:00:00ZAdministrative tribunals and dispute settlement: A case study of the Makerere University Staff TribunalKiconco, Naomehttp://hdl.handle.net/10570/107182022-07-27T08:30:43Z2022-04-01T00:00:00ZAdministrative tribunals and dispute settlement: A case study of the Makerere University Staff Tribunal
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.
2022-04-01T00:00:00ZAfrican economic integration: The legal and institutional perspectives of the Common Market for Eastern and Southern Africa (COMESA).Maiteki, Bigirwa Georgehttp://hdl.handle.net/10570/38982015-01-07T09:03:58Z2009-01-01T00:00:00ZAfrican economic integration: The legal and institutional perspectives of the Common Market for Eastern and Southern Africa (COMESA).
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.
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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.
A thesis submitted in partial fulfillment of the requirements for the award of the Masters of Laws Degree of Makerere University.
2009-01-01T00:00:00Z