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ItemProtection of personal data: a critical analysis of Uganda’s legal and institutional framework(Makerere University, 2025)This dissertation critically examined the adequacy of Uganda's legal and institutional framework for the protection of personal data, focusing on its adequacy and effectiveness in an increasingly digital world. The primary objectives of the study were to assess the current legal and regulatory provisions for data protection, analyze the roles and effectiveness of institutions mandated to enforce these laws, and identify key challenges and offer solutions to counter the challenges. The study also analysed comparative jurisprudence of the legal and institutional frameworks of other countries in relation to data protection and privacy. Two countries were benchmarked that is the Republic of Kenya in the East African Region, and the Republic of Chile from Latin America. Key lessons from these countries were drawn and are contained in the dissertation. The study adopted a qualitative methodology, utilizing document analysis, expert interviews, to explore the strengths and weaknesses of existing laws, such as the Data Protection and Privacy Act, Computer Misuse Act, the Registration of Persons Act, and the roles of the various institutions tasked with the mandate to ensure compliance with the laws and the Data protection principles. The findings indicate significant gaps in the regulatory framework such as inadequate provisions of the law and several administrative challenges faced by institutions in executing their mandates, including insufficient resources and limited public awareness. Key recommendations suggested by this study include a comprehensive review and strengthening of the legal and regulatory framework to ensure that it can counter the dangers posed by the new technological developments like Artificial Intelligence, align the national laws with international standards, and effectively address emerging data protection issues in the contemporary society. Additionally, the capacity of institutions responsible for data protection like National Information Technology Authority-Uganda must be enhanced to enable them to fulfill their duties effectively, establish the Personal Data Protection Office as an Independent Authority rather than operating as a Directorate in National Information Technology Authority-Uganda that is due for rationalization and mainstreaming it in the Ministry of Information, Communication Technology, and National Guidance. Fast tracking the enactment of the East African Community Data Protection and Privacy Act among others are other key recommendations proposed by this study.
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ItemFreedom from torture of female detainees in police cells: a comparative study of Kawempe and Katwe Police Stations(Makerere University, 2025)“Torture is a wound in the soul so deep it may never heal.”1 — A phrase often echoed by survivors, reminding us that beyond physical pain, torture permanently scars human dignity, particularly for women held in places meant to protect, not harm. This study sought to establish the extent to which the right to freedom from torture is respected with regard to women detainees in Ugandan detention facilities. The study particularly draws on the experience at two Police Stations in Uganda, namely; Kawempe and Katwe Police Stations. The study documents instances in which female detainees are tortured, the nature of such torture, and the availability of redress for the victims. It attempts to derive the broader implications of such factual record for Uganda’s obligations under domestic and international legal frameworks. The study was conducted by cross-sectional survey using the doctrinal and qualitative research method. The data was collected by interviews and documentary analysis. The researcher also used observation method by visiting the two police stations and observed the conditions there. The study revealed that, there are a number of laws which prohibit torture in Uganda. However, despite the existence of such laws, torture still manifests in the police cells of Kawempe and Katwe although not physical in nature. This is attributed to factors like weakness in the law itself, limited government funding to enforcement authorities among others. The study recommends increased funding to facilitate the improvement in the administration of justice and overall promotion of rights against torture of female detainees in police cells. Additionally, it also calls for the ratification of the Optional Protocol to the UNCAT, training of police and other relevant agents on the prohibition of torture and the implementation of the Robben Island Guidelines and other international and regional human rights instruments. The Government of Uganda should ensure adequate funding and support for the rehabilitation of torture victims, their families and communities and to provide victims’ access to justice and reparations Additionally, existing domestic laws should be harmonised with the obligations set out under CEDAW, for gender- sensitive detention conditions, and the African Charter on Human and Peoples’ Rights, which prohibits all forms of torture.
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ItemThe influence of judicial decisions on foreign direct investment in Uganda(Makerere University, 2025)This study examines the influence of judicial decisions on foreign direct investment (FDI) in Uganda. It emphasises the impact of judicial decisions on investor confidence and the overall business climate. It recognizes the importance of judicial independence, legal certainty, and the efficiency of contract enforcement as essential elements influencing foreign direct investment inflows. Based on the principles of Legal Certainty Theory, this research contends that a reliable and uniform legal framework is crucial for promoting economic growth via foreign direct investment. The study addresses the influence of judicial decisions on FDI by analysing key court cases in Uganda and comparing them with decisions from jurisdictions such as Kenya and South Africa. Notable Ugandan cases, including Ham Enterprises Ltd v. Diamond Trust Bank and Heritage Oil & Gas Ltd v. Uganda Revenue Authority, highlight the impact of judicial decisions on contract enforcement, regulatory compliance, and investor confidence. Comparative insights are drawn from Kenya's Cortec Mining Kenya Limited v. Republic of Kenya and South Africa's Piero Foresti, Laura de Carli and others v. Republic of South Africa, which underscore the benefits of specialised tribunals and efficient dispute resolution systems. The findings show that although judicial decisions in Uganda influence FDI, their impact is not as significant as first believed. The patterns of FDI flows are greatly influenced by several factors including political stability, macroeconomic policies, market size, infrastructure development, and the regulatory environment. However, it was identified that major challenges include judicial delays, contradictions, and apparent prejudice. On the other hand, reforms designed to improve judicial independence and efficiency have shown a beneficial effect on investor confidence. The study recommends case management systems should be improved, financial resources allocated to the judiciary increased, and specialised tribunals tailored to address investment-related disputes be created. As strategic means to lower risks and deftly negotiate Uganda's legal system, foreign investors could add arbitration clauses and make use of bilateral investment treaties. This analysis determines that although Uganda's Judiciary has achieved certain advancements, additional reforms are essential to ensure compliance with international best practices and to remain competitive within the region. Strengthening legal predictability and fostering trust in judicial outcomes are pivotal for creating a conducive environment for FDI. These findings offer valuable insights for policy makers, legal practitioners, and investors, emphasising the judiciary’s role alongside broader economic and political factors in shaping Uganda’s investment climate.
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ItemAn 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)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.
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ItemThe impact of the quasi-judicial powers of the electoral commission on parliamentary election petitions in Uganda: a critical analysis from 2016 to 2022(Makerere University, 2024)The study examined the quasi-judicial powers of the Electoral Commission (EC) in adjudicating pre-election/nomination complaints on the determination of parliamentary election petitions by courts. It took the Court of Appeal‘s decision in the case of Kasirye Zzimula Fred v. Bazigatirawo Kibuuka Francis Amooti and Electoral Commission which set a precedent for the courts‘ decisions in parliamentary election petitions based on nomination complaints in 2021 and 2022. This qualitative and doctrinal research was conducted through several interviews. The sample surveyed consisted of advocates and judicial officers who participated in prosecuting and determining parliamentary election petitions following the 2021 national elections. The questions interrogated concerned the ability of the EC to adjudicate nomination complaints and whether the courts are justified in declining to adjudicate parliamentary election petitions grounded on nomination complaints. The study analyzed the situation in other jurisdictions with similar electoral terrains; in particular, it highlights the approach of Electoral Commissions and courts in deciding parliamentary election petitions in Kenya and Tanzania. The study notes the dangers of courts refusing to entertain parliamentary election petitions grounded on nomination complaints and attempts to address the gap in the law and in the courts' recent practice dealing with parliamentary election petitions. The study findings provide practical solutions in dealing with nomination complaints by both the EC and the courts of law in Uganda in order to ensure that mandatory requirements for qualification by any person as a Member of Parliament as required by the 1995 Constitution of Uganda are actually achieved. The study makes various proposals and recommendations to the EC, Courts, and Parliament.