TABLE OF CONTENTS
APPROVAL
DECLARATION
LIST
LIST
OF
OF CASES
STATUTES
.
iv
ABSTRACT V
TABLE OF CONTENTS vi
LIST OF ABBREVIATIONS viii
CHAPTER ONE INTRODUCTION TO THE STUDY 1
.0 Introduction 1
1.1 Background of the study 1
1.2 Statement of the Problem 4
1.3 Purpose of the study 5
1.4 Objectives ofthe study 5
1.5 Research qtiestions 5
1.6 Time scope S
1.7 Signi flcance of the Study 5
1.8 Methodology ofthe study 6
1.9 Literature Review 6
CHAPTER TWO 10
THE LEGAL AND INSTITUTIONAL FRAME WORK ON HUMAN RIGI ITS 10
2.1 The legal frame work of Uganda that elated to human rights 10
2.2 THE INTERNATIONAL LEGAL FRAME WORK THAT RELATIVES TO HUMAN RIGHTS... 20
2.3 Conclusion 24
CHAPTER THREE 25
3.OTHE LEGAL RIGHT TO A PEACEFUL ASSEMBLY IN UG 25
3.1 Constittitional provision of the right to a peaceful assembly 25
32. Power to regulate assembles and processions 26
3.2 Criteria For imposing limitations on the right to peaceful assembly 36
3.3 Conclusion 38
CHAPTER FOUR 39
4.OThe Protection and Enforcement Mechanisms of Human Rights In Uganda 39
4.1 Enforcement 39
4.2 Protection 43
Vi
4.3 Compliance oCthe public authorities with domestic and international obligations 4 ~ ith regard to
Freedom of expression 45
4.4 Conclusion 45
CHAPTER FIVE 47
5.1 Challenges affecting the right to a peaceful assembly in Uganda 47
5.3 Conclusion 50
CHAPTER SIX 51
6.0 Recommendations and references 51
6.1 Recommendations of what should be done to improve the right to a peacel’ul assembly in Uganda ... 51
6.1.1 Political will and commitment 51
6. 1.2 The right to a peaceftil assembly can be developed and greatly upheld by variotis authorities and
agencies ifcertain principles are observed as discussed below 52
6. I .3 Recommendations to the police in ensuring that the right to a peaceful assembly include 52
6.1.4 To development partner 52
6.] .5To the President 53
6.1.6 Other siattitorv provisions ol the right to a peaceltil assembl\ ...
6.1.7 GOVERNMENT OFFICIALS 53
6.2CONCLUSION 55
6,3. B[BIOGRAPHY 57
ABSTRACT’ The right to a peaceful assembly and association is protected under the international bill of human rights. The constitution of Uganda protects this right under Sec 29 of the 1995 constitution of Uganda. The public order management act governs the exercisc of this rights. In terms of the public order management act an individual is required to obtain a pennit from a police officer prior to convening a public meeting. This requirement is a limitation on the constitutional right to a peaceful assembly and association. This article examines the public order management act and in particular the manner in which the permit fur a public meeting is issued under see 4 & 8. One may argue that the P,O.M.A is unconstitutional because it clothes the issue of the permit with blood discretion to refuse a peri~~ it and offers the applicant little recourse where a permit is refused. In “the right to peaceful assembly in Botswana” (iosego Rock fall Lekgowe argues that the wordings of section 13 of the constitution incorporates the so called” three prong proportionally test bid down in RV Oakes and that the Botswana courts in applying the test, would find the provisions of the public order act inconsistent with the provision of the constitution. A comparative survey indicates that sinli ar provisions have been struck down as unconstitutional. In Nigeria. Ghana and the Law Revision committee of parliament consider a review of the public order act. 1—luman rights as stipulated tinder the constitution are one of the rights that can’t be waived irrespective of whether the person is convicted or simply charged. They are rights to every human being and mostly emphasized and upheld by non—governmental organizations. [he right to a peaceful assembly in most cases is infringed on the side of the opposition allegedly by the sitting government and this breeds in riots, strikes and war were high numbers of death are registered.
