School of Law (S.Law)

Permanent URI for this community

http://10.29.1.53:4000/handle/10570/85

Browse

Browsing School of Law (S.Law) by Title

  • Item
    A critical analysis of the law regulating motor vehicle insurance (third party risks) settlements to accident victims in Uganda
    (Makerere University, 2025) Kanwagi, Stephen
    This study critically examines the effectiveness of Uganda’s Motor Vehicle Insurance (Third Party risks) Act Cap 193 legal framework in indemnifying accident victims. Using a qualitative research design, the study employed purposive and random sampling to gather data from policyholders, insurance regulators, accident victims, and insurers within the Kampala Metropolitan Area. Data collection methods included in-depth interviews and thematic analysis to identify recurring patterns, challenges, and best practices. Ethical considerations such as informed consent and confidentiality were strictly observed throughout the research process. The findings reveal systemic faults in Uganda’s Motor Vehicle Insurance (Third Party risks) Act (MTPA) legal regime, including the law being outdated, low public awareness, inadequate compensation limits, delays in claims processing, and poor enforcement mechanisms of compulsory insurance requirements. The study also highlights gaps in coordination between regulatory institutions and the prevalence of fraudulent activities, which undermine efficacy and public confidence. Comparatively, regional and international models such as the COMESA Yellow Card and European Green Card systems demonstrate stronger enforcement, digital integration, and higher payout ceilings, offering useful lessons for Uganda. The research finds that Uganda’s MTPI framework, though well-intentioned, requires immediate reform to achieve its primary objectives of timely and fair victim compensation. Key recommendations include amending Cap 193 to streamline the claims process, raise compensation limits, integrating ICT in claims management, strengthening enforcement mechanisms, including all vehicles in the MTP system and improving sensitisation on MTPI rights and procedures. Such measures would align Uganda’s legal framework with global best practices, promoting transparency, efficiency, and access to justice for accident victims. Therefore, while MTPI is vital for road safety and accident victim protection, its current inefficiencies require a multifaceted approach involving legal reforms, public education, technological advancements, and more vigorous enforcement to enhance its effectiveness. Keywords: Motor vehicle insurance
  • Item
    A critical analysis of the legal and policy framework governing safe shelters in Uganda for gender based violence survivors
    (Makerere University, 2025) Bogere, Racheal
    Gender-based violence (GBV) is a major global concern with extensive and long-lasting effects. This challenge necessitates that safe shelters should be established and maintained to support GBV survivors. While international, regional, and Uganda’s legal frameworks recognize the need to protect GBV survivors, the nature and extent of state obligations regarding safe shelters for GBV survivors remains largely obscure. This study analyzes Uganda’s legal framework relating to safe shelters for GBV survivors. Using qualitative research methods including interviews and fieldwork in Kiryandongo District in February 2025, the study draws on the Human Rights-Based Approach and Gender Theory to examine survivors' lived realities, state obligations and structural barriers. The study found that Uganda’s current legal framework does not provide for an explicit right to safe shelters for survivors of GBV nor does it entrench an autonomous legal framework on the same, leaving survivors reliant on underfunded, unregulated facilities typically run by Non-Governmental Organizations. The study also compared Uganda to South Africa and Rwanda and found that although both South Africa and Rwanda do not have an explicit legal provision on safe shelters for GBV survivors, South Africa and Rwanda have developed more coordinated and better-resourced institutional responses than Uganda due to their political will, policy coherence, and public funding. The study also found that the major barriers which impede the establishment and accessibility of safe shelters are inter-connected and they include poverty, cultural stigma, corruption and language challenges. The study concludes that the absence of a clear legal mandate is the primary barrier to consistent and quality shelter provision. Legal reform alone, however, is insufficient without broader institutional commitment and public engagement. The study recommends enacting a Safe Shelters for GBV Survivors Act, harmonizing existing laws, establishing a specialized Safe Shelter Services Unit, and implementing a national awareness campaign. It also urges the integration of best practices from South Africa and Rwanda. Keywords: Legal and policy framework governing safe shelters
  • Item
    A critical analysis of the legal and policy regime for licensing independent power producers in Uganda
    (Makerere University, 2025) Mwandha, Steven
    The persistent gap between rising electricity demand and stagnant power generation capacity has gained prominence in legal scholarship. Yet, limited attention has been paid to how this disparity may stem from the effectiveness of legal and policy regimes governing the licensing of Independent Power Producers (IPPs), the feasibility of licensing processes, implementation challenges, and potential reforms, including lessons from jurisdictions such as South Africa, Kenya, Tanzania, and the United Kingdom. This gap is particularly evident in Uganda, where demand substantially outpaces supply, but empirical analysis of regulatory and institutional causes remains scarce. This study critically examines Uganda’s IPP licensing regime with five key objectives: assessing its legal and policy framework in terms of (a) efficacy, (b) licensing process feasibility, (c) implementation challenges, (d) remedies and best practices, and (e) proposing recommendations. A mixed-methods research design was adopted, combining qualitative and quantitative approaches to collect and analyse both primary and secondary data. This approach enabled the study to obtain numerical insights into licensing patterns and rich perspectives from stakeholders involved in IPP licensing in Uganda. Primary data were collected via semi-structured face-to-face interviews with seven (7) ERA officials and ten (10) IPP representatives, purposively selected from institutions in Kampala. Data were analysed using directed qualitative content analysis. Secondary data were derived from national, regional, and international legal instruments and similarly analysed through qualitative methods. Findings reveal a mixed level of efficacy in Uganda’s legal and policy regime. While the framework outlines procedural steps for licensing, some elements such as the notification phase require enhancement, particularly via digital public communication channels, as seen in South Africa and the UK. Prequalification requirements are generally adequate but could be improved by including a commercial and economic impact assessment, as practiced in South Africa. Structural inconsistencies, particularly overlapping mandates regarding electricity evacuation guarantees and the licence application invitation process, undermine the institutional independence of the Electricity Regulatory Authority (ERA). Additionally, the licensing timeframe of 180 working days exceeds necessity and could be streamlined to 75 days,
  • Item
    A critical examination of the legal framework for the protection of online consumer rights in Uganda
    (Makerere University, 2025) Patience, Martha
    This study critically examined Uganda's legal framework for protecting online consumer rights. It aimed at identifying the existing legal provisions' strengths and weaknesses and propose improvement recommendations. The study adopted the doctrinal research approach, utilizing primary and secondary data. Primary sources included legislative enactments and case law. Similarly, secondary sources included the writings of legal scholars describing, interpreting, analyzing, and criticizing statutes or judicial precedents. Secondary data sources included academic journals, textbooks, dictionaries, encyclopedias, and internet materials. The findings revealed several shortcomings in Uganda's current legal framework for online consumer rights. While specific legislation exists to protect consumers, it fails to adequately address the unique challenges the online environment poses. Key issues identified include a lack of specific provisions for online transactions, limited enforcement mechanisms, and insufficient consumer awareness and education. Additionally, the study highlighted the need for more vital collaboration between government agencies, consumer rights organizations, and online businesses to protect consumers in the digital sphere effectively. The recommendations proposed in this study can serve as a foundation for policymakers and stakeholders to enhance the protection of online consumer rights in Uganda, ultimately promoting trust and confidence in e-commerce transactions. The study contributes to the existing literature on consumer rights in Uganda by explicitly focusing on the online context. It also provides a comprehensive legal framework analysis and highlights areas for improvement Keyword: Protection of online consumer rights
  • Item
    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.
  • Item
    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.
  • Item
    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.
  • Item
    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.
  • Item
    An analysis of the application of the public trust doctrine in sustainable wetland management in Uganda
    (Makerere University, 2025) Natugonza, Elizabeth
    This dissertation presents a critical analysis of the application of the Public Trust Doctrine (PTD) in the sustainable management of wetlands in Uganda. The PTD, a principle of environmental law, mandates the State to act as a trustee of natural resources on behalf of the public. This study explores how this doctrine has been adopted, interpreted, and applied within Uganda’s legal and institutional frameworks governing wetland conservation. Employing a doctrinal legal research methodology, the study undertakes a detailed examination of constitutional provisions, statutory instruments, policy documents, and case law that shape the legal regime surrounding wetlands in Uganda. Key primary sources include the 1995 Constitution of the Republic of Uganda, the National Environment Act, the Land Act, and the Wetlands Sector Strategic Plan. Secondary sources such as academic literature, legal commentaries, and international conventions like the Ramsar Convention provide comparative and contextual insights into the development and application of the PTD both locally and globally. The study also incorporated a limited empirical component. Questionnaires were administered to selected officers from National Environmental Management Authority (NEMA) and Kampala Capital City Authority (KCCA) and to gather practical insights on the implementation of the PTD in wetland management. The analysis reveals significant gaps between the theoretical foundations of the Public Trust Doctrine and its practical application in Uganda’s environmental governance. Challenges such as institutional weaknesses, limited legal clarity, and conflicting land use interests continue to undermine the effective implementation of the doctrine in wetland protection. The study concludes by proposing legal and policy reforms to strengthen the role of the Public Trust Doctrine in promoting sustainable wetland management. These among others include; improved inter-agency coordination and the incorporation of international best practices. Ultimately, the research contributes to the growing discourse on environmental law and the importance of grounding natural resource governance in principles of public trust and sustainability. Keyword: Public trust doctrine
  • Item
    An analysis of the powers of Uganda Revenue Authority in relation to taxpayers’ rights to property and privacy in Uganda
    (Makerere Unviersity, 2025) Kambona, Oscar
    Despite numerous reforms, domestic revenue mobilisation in Uganda is still below its potential. While the ratio of tax revenue to Gross Domestic Product (GDP) has improved from 11.7 percent in 1999/2000 to approximately 14.3 percent in 2023/24, it is still below the Sub-Saharan Africa (SSA) average of approximately 18-20 percent. Despite the slow revenue growth, there is rising public expenditure coupled with limited budget support from other sources like aid and grants. To address this deficit, there have been calls for increased revenue mobilisation through enhanced tax collection. This occurs in many ways which generally can be categorised as either voluntary or involuntary. The bulk of tax collection occurs voluntarily and without much thought or incident. This study does not focus on voluntary, routine collection of taxes but rather on the enforcement mechanisms used by the government when the routine collection has failed. The study assesses the connection between tax enforcement and rights to property and privacy and specifically how human rights-compliant are the enforcement measures. The focus is on the powers granted to the URA to enforce compliance with tax payments. The study employs qualitative methods to establish the nature and extent of infringement of taxpayer’s rights to property and privacy during the tax enforcement process. The study argues that the legal and institutional framework regarding tax enforcement infringes the taxpayers’ rights to property and privacy, and this affects taxpayer compliance. The study highlights that despite the infringement, there are certain safeguards towards the realisation of the rights. The study contends that in structuring a workable tax collection process, the government should build a system that recognizes taxpayers’ rights. A departure from this position leads to low tax morale affecting the domestic revenue mobilisation process. Ultimately, the study emphasises the need for a full realisation of the taxpayers’ rights on the part of the URA and of the inseparable nexus between human rights and tax compliance. The study recommends the establishment of a tax ombudsman in Uganda with powers to investigate taxpayers’ complaints with the aim of ensuring that the rights of taxpayers’ are respected in the tax collection process.
  • Item
    An analysis of the role of labour unions in the protection of employment rights: a case study of the Uganda National Teachers Union (UNATU)
    (Makerere University, 2025) Kitamirike, Pius
    This study analyses the role of the Uganda National Teachers Union (UNATU) in protecting the employment rights of teachers in Uganda. Using a mixed-methods approach combining doctrinal legal research with semi-structured interviews of 49 respondents, including teachers, UNATU representatives, government officials, legal experts, and civil society organizations, the research examines the legal strategies employed by UNATU, assesses their effectiveness, and identifies challenges hindering the protection of teachers' rights. The study finds that while Uganda has a comprehensive legal framework for protecting teachers' employment rights, including constitutional guarantees, statutory protections, and international treaty obligations, significant gaps exist between legal provisions and practical implementation. UNATU has employed various strategies including collective bargaining, lobbying, capacity building, and industrial action to advocate for teachers' rights. The union has achieved notable successes in securing salary increments, improving working conditions, and influencing policy development, particularly through the National Teachers' Policy (2018) and various collective bargaining agreements. However, UNATU faces substantial challenges including limited financial resources, fragmented government systems, legal restrictions on essential services, and inadequate enforcement mechanisms for collective bargaining agreements. The classification of education as an essential service creates constitutional tensions between teachers' rights to strike and statutory limitations. The study reveals significant disparities in UNATU's effectiveness, with primary school teachers generally expressing more positive views than secondary school teachers, who feel inadequately represented. Key legal gaps identified include the absence of binding enforcement mechanisms for public sector collective bargaining agreements, overly broad interpretation of essential services restrictions, jurisdictional fragmentation in labour dispute resolution, and inadequate protection for individual teachers facing employment rights violations. The research concludes that while UNATU has played a significant role in advancing teachers' rights, comprehensive legal and institutional reforms are needed to create a more effective framework for protecting teachers' employment rights. The study recommends strengthening collective bargaining enforcement mechanisms, clarifying essential services definitions, enhancing UNATU's organizational capacity, improving coordination between government ministries, and developing specialized legal protections for teachers. These findings contribute to understanding the complex dynamics between labour unions, legal frameworks, and employment rights protection in developing countries' education sectors. Keywords: Teachers' unions, employment rights, collective bargaining, labour law, education policy, Uganda, UNATU
  • Item
    An analysis of the role of the military in enforcing fishing laws and policies and its impact on sustainable development in Uganda
    (Makerere University, 2025) Ntege, Arnold
    A single female Nile perch, measuring between 50 and 80 centimeters and aged about three years, has the potential to lay up to 9 million eggs during its peak breeding season, which spans from March to June. In contrast, a one-year-old female Nile tilapia, approximately 16 centimeters in length, can yield around 19,500 eggs annually. The premature harvesting of just one immature fish, therefore, results in a massive loss in potential fish population—either 9 million Nile perch offspring or 19,500 Nile tilapia fry, depending on the species. Fishing communities, however, believe that the lake is a mother to everybody, it does not segregate, anyone can go to the lake, catch fish to the best of their ability and survive. Nonetheless, illegal fishing remains a major challenge to Uganda’s fisheries sector, jeopardizing ecological sustainability, food supply chains, and the economic wellbeing of law-abiding fishers. With an estimated 80% of Uganda’s fishers categorized as artisanal and heavily dependent on fishing for both their livelihood and nutrition, the consequences of unregulated practices are far-reaching. These practices—such as the use of illegal gear, unauthorized boats, and harvesting of juvenile fish—have significantly diminished fish populations and strained the resilience of fishing communities. To curb these threats, the government initiated `the Fisheries Protection Unit (FPU) in 2017, placing it under military command to ensure compliance with existing fisheries legislation and clamp down on illegal fishing. The general objective of the study is to analyze the role of the military in enforcing fishing laws and policies and its impact on the sustainable development of fisheries in Uganda. This study begins by analyzing the legal and institutional frameworks governing the military’s role in enforcing fishing laws in Uganda. It identifies critical gaps that may hinder the effectiveness of the Fisheries Protection Unit and highlights opportunities for strengthening these frameworks to support sustainable fisheries management. The study then examines the historical factors that led to the military’s involvement in fisheries management. This historical analysis sheds light on the context and rationale for military intervention, offering a deeper understanding of how this approach has developed over time and its relevance to the present-day challenges in Uganda’s fisheries sector. Following this, the study assesses the achievements and challenges faced by the military in reducing illegal fishing activities. It highlights the notable successes of the Fisheries Protection Unit, such as the reduction of illegal fishing and the restoration of fish stocks. At the same time, it critically examines the challenges, including community resistance, resource constraints, and the narrow scope of the FPU’s mandate, which undermine its overall effectiveness. The study also analyzes the impact of military intervention in enforcing fishing laws on the sustainable development of Uganda’s fisheries. It focuses on Sustainable Development Goals (SDGs) 1 (No Poverty), 2 (Zero Hunger), and 16 (Peace, Justice, and Strong Institutions). The analysis demonstrates how the FPU’s efforts contribute to poverty reduction, food security, and the promotion of peace and justice in fishing communities, while also identifying areas for improvement to maximize these benefits. Finally, the study proposes actionable recommendations to enhance the military’s role in fisheries management. These recommendations include addressing resource constraints, expanding the FPU’s mandate, fostering community engagement, and strengthening legal and institutional frameworks to ensure the long-term sustainability of Uganda’s fisheries. The study emphasizes the importance of a holistic approach that addresses the root causes of illegal fishing, such as poverty and lack of alternative livelihoods, to achieve sustainable fisheries management and development.
  • Item
    An assessment of the efficacy of the mining and minerals Act Cap. 159 towards securing the rights of artisanal and small scale miners in Uganda: a case study of Rubanda District
    (Makerere University, 2025) Mukombe, Ronnie Prince
    This study assessed both the efficacy and effectiveness of the Mining and Minerals Act Cap.159 towards securing the rights of artisanal and small-scale miners (ASM) as well as evaluated the ability of the existing enforcement framework, with a view of informing mineral sector reforms in Uganda. Despite the legal recognition and formalization of ASM under the Act, field evidence revealed persistent challenges that undermine the realization of these rights. Guided by the public interest theory of regulation and the human rights framework for decent work, the study explored the extent to which the Act addresses the rights of miners, the functionality of institutional structures, and the barriers hindering implementation. The study adopted qualitative methods of data collection; document review, key informant interviews and focus group discussions (FGDs). Findings from key informant interviews and FGDs revealed that while the Act was enacted to replace outdated legislation and improve the welfare of artisanal and small-scale miners (ASM), its implementation remains ineffective. Three years after enactment, many miners remain unaware of the law due to limited dissemination, absence of translations, and lack of community engagement. Furthermore, the absence of supporting regulations, particularly those governing artisanal mining operations, has made licensing and enforcement impractical. The study also found that institutional coordination is weak, with unclear roles among enforcement agencies, underfunded district-level natural resource offices, and inadequate logistical support. A key finding of this study is that current policy and legislative efforts tend to prioritize compliance with international standards rather than directly addressing the ongoing human rights violations experienced by artisanal and small-scale miners—violations the Act was originally intended to prevent. In reality, the legal reforms appear to prioritize revenue generation through non-tax revenues (NTRs), licensing, permits and taxation rather than ensuring the protection of miners’ rights. Miners continue to face exploitative market conditions, unsafe working environments, and limited legal awareness, conditions reminiscent of the pre-reform era. The research concludes that without an effective implementation strategy, goodwill and institutional commitment, the Act is unlikely to achieve its intended outcomes. The study recommends comprehensive sensitization campaigns, translation and distribution of the law, expedited development of artisanal mining regulations, and better funding for enforcement and oversight institutions. It also calls for capacity building for the Police Minerals Protection Unit, clear role demarcation among stakeholders, and protection of ASMs from exploitative monopolistic buyers. Strengthening these areas will be critical in transforming ASM into a rights-respecting and economically sustainable sector.
  • Item
    An examination of intellectual property rights for innovators of traditional and complementary medicine in Uganda
    (Makerere University, 2025) Omara, Andrew
    Traditional and Complementary Medicine is an important element of Uganda’s health care system. The Traditional Complementary Medicine Practitioners (TCMP) is part of the recognised providers for health care and form part of private Health providers. Traditional Complementary Medicine involves use of traditional indigenous knowledge and practices to generate products of therapeutic value. Such practice of this type of medicine involves discovery of new ideas and innovations. However, these discoveries or innovations are rarely acknowledged as “novel”, or protected within the realm of Intellectual Property Rights. This presents a challenge to the future innovations in the space of Traditional Complementray Medicine and other health care innovations. Drawing on this, the current study focused on Intellectual Property Rights (IPRs) in the context of Ugandan innovators of traditional and complementary medicine. It critically examined the existing legal framework for protection of intellectual property rights of innovators in the context of TCM in Uganda, assessed existing gaps and challenges, and proposed potential areas for improvement to ensure protection of TCM innovators. Using the doctrinal research as the method of study, the study examined literature, relavant books, journal articles, international instruments, regional instruments, domestic legislation, and relevant case laws among others on the issue of traditional and complementary medicine. Findings showed that there is a lack of proper legal and regulatory framework specifically to protect the IP rights of innovators in the TCM context. This is because the legal framework only protects individual rights and novelty not taking care of the community rights and those innovators putting innovations at the mercy of big pharmaceutical companies who are left out in enjoyment of benefits of their innovations. It is therefore important to amend the legal framework to take care of innovators in TCM, investing in research, funding, enhancement of economic value, environmental sustainability and training and capacity building. Keywords: Intellectual property rights, Traditional and complementary medicine
  • Item
    An examination of the effectiveness of the East African Court of Justice in the adjudication of civil and political rights cases
    (Makerere University, 2025) Ndayishimiye, Aimé Fidèle
    Countless human rights violations have been recorded in most of the East African Community Partner States. Due to lack of judicial independence, most of national courts have been failing to properly redress such violations, thus leaving potential room for impunity. As a result, since 2005, victims of such human rights violations have been seeking remedies before the East African Court of Justice (EACJ), a Regional Economic Community (REC) Court which has been increasingly used by litigants to raise human rights-related claims. However, the Court itself does not have a clear human rights jurisdiction. This study argues that jurisdictional limitations set in the EAC Treaty coupled with both political and operational challenges undermine the effectiveness of the EACJ in the adjudication of human rights matters. It thus sets out to examine the judicial effectiveness of the EACJ in its exercise of jurisdiction over civil and political rights cases; critically analyses the challenges confronting the EACJ and thus assesses their impact on the Court’s effectiveness in the protection of human rights in the East African region. By so doing, a particular attention is given to the Court’s lack of express human rights jurisdiction, the delayed adoption of a protocol for the extension of jurisdiction on human rights, the lack of enforcement mechanism for the Court’s decisions and to assertions of State sovereignty as well the EACJ daily operational challenges epitomised by the lack sufficient funding, lack of administrative and financial autonomy, the ad-hoc operational basis of the Court, and their overall impact on the effectiveness of the EACJ in the enforcement of human rights, with a focus on civil and political rights. After critically examining structural and institutional deficiencies and the creative approach adopted by the EACJ in determining human rights related matters, the study finds that although the Court does not have an explicit human rights mandate, it have been able to articulate and assert a human rights related jurisdiction, and thus enforce human rights standards, in such a limited and fragile jurisdiction. Yet, the EAC Partner States’ sovereignty, being the major cause of constraints, its scope and applicability need to be redefined in alignment with the regional integration arrangement context. Finally, by drawing on the experience of more established regional courts in other parts of the world, the study distils some practical lessons; and proposes legal, normative and institutional reforms to boost effectiveness of the EACJ in the realisation of human rights and thus deepening regional economic and political integration of the East African Community
  • Item
    An examination of the effectiveness of the legal protection against land evictions in Uganda: a case study of Lusanja and Bukasa suburbs in Wakiso and Kampala Districts
    (Makerere University, 2025) Kiconco, Florah
    The research undertakes an examination of the effectiveness of the legal protection mechanisms against illegal land evictions in Uganda with a case study of Lusanja and Bukasa suburbs in the Wakiso and Kampala districts. This thesis adopts a mixed research methodology applying both quantitative and qualitative research methods. The research has found that the legal protection mechanisms against land evictions are ineffective in protecting Ugandans against illegal evictions mainly due to a poor implementation of the law and a failure of the enforcement mechanisms for protection against illegal evictions. To a lesser extent, the ineffectiveness of the legal framework is attributable to the weaknesses in the laws themselves. Those who found the legal protection sufficient pointed out several barriers to its implementation including corruption and fraud, political influence and interference, impunity and abuse of process, poor land tenure systems, complex legal processes, limited awareness, overlapping roles of institutions, insufficient funding, lack of formal land ownership documents and social – economic factors therefore rendering the legal protection ineffective. The research recommends strengthening of the implementation mechanisms of the law against evictions, particularly streamlining the role of security agencies in land evictions and registration of all land in Uganda with all interests in land clearly defined and registered as a means of providing security of tenure to Ugandans and protecting them against illegal evictions among others.
  • Item
    An examination of the legal framework on combating data phishing in Uganda
    (Makerere University, 2025) Namuwanga, Milly
    Lately, the world is grappling with many cybercrimes including the unprecedented rise in data phishing. International bodies and individual Countries have developed laws aimed at preserving privacy and protection of individuals’ data against external attacks. However, the relevance of the current legal framework in protecting users against the different forms of data phishing remains less explored. The present research examined Uganda’s legal framework on data phishing in comparison to the UK's legal framework, to establish the relevance of the current legal framework in addressing data phishing. The study undertook a qualitative review of literature of existing legal frameworks in Uganda and the UK and the results revealed that protection of individuals and their properties has been prioritized for generations. Uganda’s legal framework on data phishing is embedded under the Constitution of the Republic of Uganda, Cap 1 and the various Acts on data protection to wit the Data Protection and Privacy Act Cap. 97, Computer Misuse Act Cap. 96, Regulation of Interception of Communication Act Cap. 101 amongst others. The legal framework however, remains weak on grounds of: lack of clarity on the nature of consent required from a data subject; absence of a specific provision on data phishing, and non-incorporation of a provision on sensitization of the public on the legal framework and phishing attacks. Whereas both the legal frameworks of Uganda and the UK uphold the principle of data protection, more deliberate effort is seen on the side of the UK by wholly incorporating international principles of data privacy and protection- General Data Protection Regulation (GDPR), robustly defining personal data and the nature of consent required from the data subject. A recommendation is made to amend laws to clarify on data phishing as a crime, expound on the definition of personal data and nature of consent and imposition harsh sentences for perpetrators. Also, Uganda needs to put in place a mutual legal assistance law to curb cross border phishing crimes and enhance enforcement measures for the existing legal framework.
  • Item
    Analysing the adequacy of Uganda’s legal and policy framework for artificial intelligence governance
    (Makerere University, 2025) Namono, Mirriam
    The rapid advancement of artificial intelligence (AI) technologies presents unprecedented opportunities and challenges for developing nations. This dissertation examines Uganda's existing legal and policy framework for AI governance, providing recommendations for a comprehensive framework that promotes responsible AI practices. Using doctrinal research methodology, this study analyses the international AI governance landscape, assesses Uganda's existing regulatory framework, and undertakes comparative analysis of AI governance approaches in South Africa, the European Union, China, and the United States. The research draws insights from international principles established by organisations such as the United Nations, OECD, and UNESCO. The findings reveal that while international AI governance demonstrates growing consensus on ethical AI development, it remains fragmented without binding agreements. Uganda's current legal framework, including the Data Protection and Privacy Act, Cap 97, provides foundational elements but was not designed for AI-specific complexities. Significant gaps exist in algorithmic transparency, AI security measures, automated decision-making oversight, and ethical guidelines. The comparative analysis demonstrates diverse regulatory approaches, from the EU's risk-based regulation to the US's sector-specific approach and China's state-directed model. These highlight the importance of context-specific governance, balancing innovation with adequate safeguards. The study proposes comprehensive recommendations spanning five areas. Legal recommendations include updating existing legislation and enacting AI-specific laws with clear guidelines for development. Policy recommendations centre on developing a national AI strategy and sector-specific policies for healthcare, education, and finance. Ethical recommendations emphasise establishing a national AI ethics framework and Advisory Board. Capacity building focuses on developing local expertise and public awareness. International cooperation stresses participation in global AI governance initiatives and regional cooperation. The proposed framework has significant stakeholder implications, requiring government agencies to develop new expertise, presenting compliance challenges and innovation opportunities for the private sector, and necessitating enhanced public AI literacy. Further research areas include economic impact assessments, societal implications studies, and technical research tailored to Uganda's needs. This research contributes to AI governance literature in developing countries and provides a roadmap for Uganda to harness AI's transformative potential while protecting citizens' rights. The findings demonstrate that proactive AI governance is essential for Uganda to lead responsible AI innovation in Africa and ensure AI contributes to sustainable socio-economic development. The study concludes that Uganda stands at a critical technological juncture, with an opportunity to create a comprehensive AI governance framework serving as a model for other developing nations. By implementing these recommendations, Uganda can foster AI innovation within appropriate ethical and regulatory boundaries, contributing to national development and citizen well-being.
  • Item
    Analysing the effectiveness of the legal framework on witness protection at the International Crimes Division of the High Court in Uganda
    (Makerere University, 2025) Kemigisha, Millicent
    Witnesses play an indispensable role in the justice system. As Bentham says “Witnesses are the eyes and the ears of justice.” They assist the Court in deciding the guilt or otherwise of the Accused person. They are crucial in criminal proceedings; from reporting of crime to its conclusion. Therefore, witness protection is defined as the process in which witnesses who testify in criminal trials are provided with specific procedural and non-procedural protection measures aimed at effectively ensuring theirs and sometimes including their relatives' safety before, during and after their testimony. The concept of witness protection has been used as an important tool in combating organized crime and investigating crimes of a serious nature. Currently, various countries have established specialized programs or have come up with legislation that provides for witness protection. Measures such as: the use of video testimonies, allowing the witnesses to remain anonymous, concealment of witnesses or the exclusion of the general public from a hearing, among others are aimed at protecting the witness’s identity, privacy, dignity and protecting their physical security. In Uganda, witness protection is provided for in the International Criminal Court Act, Cap. 14 (ICCA). Keywords: Witness protection, International Crimes Division
  • Item
    Analysing the legal and regulatory framework for tuition and non-tuition fees in schools in Uganda
    (Makerere University, 2025) Kaweesi, Paul
    World over, tuition and non-tuition fees in schools are very complex topics. If there is anything today that has raised controversy and debate in the education sector, it is the question of skyrocketing school charges. In Uganda, it is now a norm for the owners or operators of both Government-aided and private unaided schools to adjust fees and other levies virtually every school term in total defiance of the Ministerial Guidelines on School Charges. Uganda’s fees crisis has also not spared schools implementing the Universal Primary Education (UPE) and Universal Secondary Education (USE) Government programmes, which are by law prohibited from levying any charges on learners. The prohibitive school charges, which are in the region of USD 800 per term in some elite schools, have become a concern for all including Cabinet, Parliament, Ministry of Education and Sports (MoES), Government Commissions, Non-Governmental Organisations (NGOs), media, educationists and the public. The parents and guardians as the major stakeholders have to grapple with the relentless burden of excessive school fees. The Education (Pre-Primary, Primary and Post-Primary) Act, Cap. 247 ‘Education Act, Cap. 247’ which commenced on 29 August 2008 empowered the Minister responsible for education to make statutory instruments regarding UPE, USE, school charges, school meals and school uniforms, but no instruments or regulations have been made nearly twenty years later. The MoES has instead issued circulars and guidelines on school fees and charges, which do not have any force of the law. The unpredictable and unregulated school charges has given latitude to school owners and operators to hike fees, thereby denying many learners access to quality basic and secondary education, especially those from low and middle-income families, thus violating their right to education.