School of Law (S.Law) Collections

Permanent URI for this collection

http://10.29.1.53:4000/handle/10570/201

Browse

Recent Submissions

Now showing 1 - 5 of 227
  • Item
    Realising the right to equality in land ownership: a case of the Batwa Community in Uganda
    (Makerere University, 2025) Niwarinda, Derick Baker
    This dissertation explored the implementation of the right to equality in land ownership through a study of the Batwa people, one of the most marginalized indigenous groups in Uganda. The Batwa have faced significant historical and ongoing challenges, including land dispossession culminating in forced displacement and resettlement, social exclusion, and a lack of access to education, healthcare, and economic opportunities. Focusing on Article 21 of the Ugandan Constitution, this research emphasizes its broad application addressing the multidimensional inequalities faced by the Batwa, encompassing their livelihood, social status, and cultural rights. Limiting the analysis to Article 26 (Property Rights) alone would obscure the broader systemic issues arising from their eviction from ancestral lands. The problem of land deprivation serves as a critical site for interrogating these inequalities, as the Batwa's survival and socio-economic well-being extend beyond mere land ownership. The purpose of this dissertation was to assess the extent to which the right to equality in land ownership for the Batwa is realized. The researcher considered the legal and policy frameworks and analyzed data on events of evictions and dispossession from ancestral forest land. Employing a qualitative methodology that includes legal doctrinal analysis, a desktop review of secondary sources, and qualitative approaches for primary sources, the research juxtaposes Uganda’s jurisprudence on the indigenous rights with other judicial precedents from other states, including Kenya, Rwanda, and the United States. Findings reveal the urgent need for stronger legal frameworks to specifically protect indigenous rights in land ownership, and recommend actions for restitution of land resources or, alternatively, adequate compensation for displaced Batwa. This dissertation concludes that achieving equality for the Batwa requires a collective effort involving the government, civil society, and international partners. It calls for the effective implementation of laws to realize the right to equality in land ownership, underpinned by a genuine commitment to making equality a lived reality for all indigenous communities in Uganda. The recommendations aim to pave the way for positive change, ensuring that the Batwa are treated with the dignity and respect they deserve and can fully enjoy their rights, especially land rights, in Uganda.
  • Item
    Local council courts and the customary property rights of the elderly in Uganda : a case of Kyarumba Subcounty in Kasese District, Uganda
    (Makerere University, 2025) Mumbere, Abraham
    This study examined how customary land disputes involving the elderly are resolved with the help of the already existing local council courts. This is because the elderly in Uganda have struggled to access justice due to both the fear and sometimes the reality that the mainstream judicial systems are alien to them and both technically and financially inaccessible. These and several other faults associated with the mainstream courts has meant that the elderly and several other Ugandans view them as unable to provide functional justice. It is the local council courts that are nearest to the elderly and thus with the practical capacity to come to the elderly’s aid when it comes to customary land disputes. This study therefore investigated how customary land disputes as one of the several grass-root justice challenges can be resolved with the utilisation of the local council courts that are already in place. This study adopted the qualitative approach with the use of interviews and systematic literature review methods that enabled him to investigate the research questions in a manner that is explanatory and evaluative. The qualitative approach enabled the researcher to capture several elements of social well-being as it led to the direct discovery of views, values, and attitudes. The study found that the capacity by the local council courts to resolve the elderly’s customary land disputes is influenced by administrative, financial and social parameters. The study found that the members of the local council courts almost work on a voluntary basis with little funding from the government. When it came to substantive justice, it was found that several natural justice challenges are experienced as these courts use rudimentary evidential evaluation methods such as judging from the number of witnesses available to a party. In terms of legal reform needs, it was found that among others, that the law does not empower local council courts to execute their judgments, rendering them impotent. Recommendations such as amending the law to put in place a minimum academic qualification for the members of the local council courts and put in place an elaborate execution mechanism for the decisions reached were made. It was also recommended that the Judiciary should incorporate local council courts into the judicial system and that the Executive should initiate a fairer remuneration policy for the local council court members and put in place a technical paralegal to offer technical support in the day-to-day affairs of every local council court.
  • Item
    The effect of covid-19 regulations on the right to life in Uganda: a case study of the Public Health (control of COVID-19) Rules, 2020
    (Makerere University, 2025) Kashaija, Robert
    The COVID-19 pandemic presented an unprecedented public health crisis, prompting governments worldwide to implement stringent measures to contain its spread. In Uganda, the government enacted the Public Health (Control of COVID-19) Rules, 2020, which significantly impacted the right to life and other fundamental human rights. This study examines the impact of COVID-19 regulations on the right to life in Uganda, assessing whether these measures maintained human dignity and achieved public health goals. The research employs a doctrinal legal approach, analyzing statutory instruments, judicial opinions, and scholarly works on COVID-19 and human rights jurisprudence. It explores the legal framework governing public health emergencies in Uganda, the implementation of the COVID-19 Rules, and their implications for the right to life, right to health, and other interconnected rights. Employing a doctrinal legal approach, the research reveals that Uganda's legal framework lacks comprehensive legislation to address public health emergencies, posing challenges to effective disease management and human rights protection. The study highlights the intrinsic connection between public health and human rights, emphasizing the need for a balanced approach that prioritizes life, dignity, and well-being. Key findings include: (1) inadequate legal framework for public health emergencies; (2) disproportionate impact on vulnerable populations; and (3) necessity of community engagement and human rights considerations in public health responses. The study concludes with recommendations for policymakers, emphasizing the importance of: (1) establishing emergency Response Funds; (2) strengthening Social Protection Systems; (3) Improving access to Healthcare; (4)ensuring community involvement and human rights prioritization; and (5) guaranteeing continuous responses to public health crises, among others.
  • Item
    An examination of Uganda’s compliance with the United Nations framework convention on climate change and the Paris Agreement on climate change: a case study of the forest sector
    (Makerere University, 2025) Kiwanuka, Muhammad Ssenoga
    This study examined Uganda’s compliance with the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement through the lens of the forest sector. The main objective was to determine the extent to which Uganda’s legal framework institutions and monitoring systems achieved outcomes that were consistent with its climate commitments. The central research question asked whether Uganda’s laws practice and measurement systems delivered verifiable reductions in forest emissions and credible protection and enhancement of forest carbon stocks. The methodology relied on doctrinal analysis of international and domestic instruments and a focused evaluation of mandates and measurement reporting and verification arrangements that affected forests. The findings showed that compliance was only partial because cross-sector coordination at the land agriculture and forestry interface remained weak and because current monitoring did not fully capture degradation and leakage. The analysis further revealed that implementation relied heavily on administrative discretion with few binding and time bound benchmarks and that local governments faced persistent capacity and financing gaps that blunted enforcement and community participation. The dissertation recommended amendments that embedded forest carbon metrics and primacy rules across land use statutes adopted transparency regulations that assigned clear data duties and deadlines with meaningful consequences guaranteed minimum service standards and predictable funding for district implementation and scaled community centred incentives such as fair benefit sharing and restoration bonds. These measures would have converted formal alignment into outcomes that were verifiable durable and consistent with Uganda’s nationally determined contribution.
  • Item
    Examining the legal and regulatory framework as an approach to climatic change mitigation in Uganda
    (Makerere University, 2025) Nalumu, Eliverson
    Uganda, ranked 12th most vulnerable to climate change globally, faces severe impacts including decreased rainfall, prolonged wet and dry seasons, and rising temperatures. The country experiences frequent floods, droughts, and landslides, affecting over 200,000 people annually and threatening to displace 12 million by 2050. Despite existing laws and policies, implementation gaps persist. This study evaluated the effectiveness of Uganda’s legal and regulatory framework in mitigating climate change, identifying strengths, weaknesses, and opportunities for improvement. The study aimed at informing policy adjustments and effective climate action, enhancing resilience and mitigating climate change impacts. It sought to contribute to the effectiveness of the legal framework on climate action, generate information on mitigation strategies, and analyse the effects of the legal framework in alleviating climate change challenges. It is the conclusion of this study that; adaptation cannot succeed without attempting to mitigate climate change effects, which can severely impact an affected country. The global approach to climate change mitigation presents various facets aligning with effective address, including equity concerns regarding income, poverty, and sex. This study further concluded that Uganda’s laws regulating climate change mitigation remain complex in scope and application. Uganda’s commitment has not been adequately reflected in the national budget, relying heavily on donations. Drawing on lessons from South Africa, India and the United Kingdom, the study recommended the amendment of climate change related laws to avoid ambiguity in the implementation. While a Climate Finance Unit has been set up in the Ministry of Finance, the study further recommended a department or an Authority instead of a unit in the Ministry dedicated to issues of climate finance would be a more sustainable solution.