OVERVIEW OF HUMAN RIGHTS IN

THE 1995 CONSTITUTION

Roselyn Karugonjo-Segawa
Lecturer, Faculty of Law,
Uganda Christian University
Overview of Lecture
•Introduction
•Nature of Rights provided in the 1995 Constitution
•Mechanisms for enforcement of rights
•Conclusion
Introduction
The 1967 Constitution was repealed by the 1995
Constitution.

The 1995 Constitution is the fourth and current

Constitution of Uganda

It was developed or enacted in a slightly more

participatory process than the previous ones.
Introduction
In 1988, shortly after the NRM took over power,
the NRC passed the Constitutional Commission
Statute that created a 21 member Constitutional
Commission, a body set up primarily to study and
review the 1967 Constitution with a view to
making proposals for the enactment of a national
Constitution.
Introduction
In 1993, the Constitutional Commission presented
the draft Constitution to the President.

In 1995 the Constitution was promulgated.

Although it has been amended a couple of times
the bill of rights has not been changed!

 The Constitution covers a wide range of rights

including the first, second and third generation
rights i.e. civil and political rights, economic, social
and cultural rights and collective rights.
Nature of rights provided
 Article 20 Fundamental and other human rights
and freedoms are inherent!
Article 21 Equality and freedom from
discrimination*
Article 22 Protection of right to life*
Article 23 Protection of personal liberty
Article 24 Respect for human dignity and
protection from torture and inhumane treatment
Article 25 Protection from slavery, servitude and
forced labour
Nature of rights provided
Article 26 Protection from deprivation of property
Article 27 Right to privacy of person, home and
other property
Article 28 Right to a fair hearing
Article 29 Protection of freedom of conscience,
expression, movement, religion, assembly and
association.
Article 30 Right to education*
Nature of rights provided
Article 31 Rights of the family
Article 32 Affirmative action in favour of
marginalised groups
Article 33 Rights of women
Article 34 Rights of children
Article 35 Rights of persons with disabilities
Article 36 Protection of rights of minorities
Article 37 Right to culture and similar rights
Nature of rights provided

Article 38 Civic rights and activities

Article 39 Right to a clean and healthy
environment
Article 40 Economic rights*
Article 41 Right of access to information
Article 42 Right to just and fair treatment in
administrative decisions
Nature of rights provided
Article 43 General limitation on fundamental and
other human rights and freedoms
Article 44 Prohibition of derogation from particular
human rights and freedoms*
Article 45 Human rights and freedoms additional
to other rights*
Articles 46-49 Human rights and freedoms during
a state of emergency
Strengths
Generally more progressive Constitution in terms
of the normative content of the rights

Strong on civil and political rights and has more

economic, social and cultural rights than the
previous constitutions including: right to property;
right to education; family; culture; clean and health
environment; economic rights (workers rights).
Strengths
Provision for rights of vulnerable and
marginalised groups such as women, children,
persons with disabilities and minorities, Arts.32-36

Gender sensitive language

Strengths
Linkage between national &
international/regional human rights obligations-
National Objectives and Directive Principle XXVIII
(i) The foreign policy of Uganda shall be based on
the principles of—
(a) promotion of the national interest of Uganda;
(b) respect for international law and treaty obligations;
(c) peaceful coexistence and nonalignment;
(d) settlement of international disputes by peaceful means;
(e) opposition to all forms of domination, racism and other forms of oppression
and exploitation.
Strengths
National Objectives and Directive Principle XXVIII
(ii) Uganda shall actively participate in international
and regional organisations that stand for peace and
for the well-being and progress of humanity.
(iii) The State shall promote regional and pan-
African cultural, economic and political cooperation
and integration
Also see Articles 123 and 287
Strengths
Specific recognition of the citizenry and the role of
civil society organisations or non-governmental
organisations. See:
Article 1 Sovereignty of the people.
Article 20 Fundamental and other human rights and
freedoms inherent and to be respected by all
Article 38 Civic rights and activities
NODPSA II (v) and (vi) and V (ii) – provision of resources
and respect for independence of organisations involved
in promotion and protection of rights
Strengths
Provision for National Human Rights Institutions
(NHRIs) i.e. the UHRC and EOC Article 51-55 and
Article 32
Explicit acknowledgement of the state duty to
promote and protect human rights- Article 20, 221
National Objectives and Directive Principles of
State Policy!
Provision for non-derogable rights! – Article 44
Weaknesses
Still weak on ESCRs – most ESCRs are provided in
National Objectives and Directive Principles and not
Chapter Four e.g.
• XIV General social and economic objectives
• XXII Food and Nutrition
• XVIII Educational objectives
• XX Medical services
• XXI Clean and safe water.
• XXIII Natural disasters.
• XXVII The environment
Weaknesses
Article 8A on National Interest needs to be
implemented! It provides:
1) Uganda shall be governed based on principles of
national interest and common good enshrined in
the national objectives and directive principles
of state policy.
2) Parliament shall make relevant laws for purposes
of giving full effect to clause (1) of this Article.
* Since 2005 no law has been enacted!
Weaknesses
Limits political participation* – initially restricted
multiparty politics, then there was a removal of
term limits and age limits. Then the term limits
have been restored…pending Constitutional
petition!
Dualistic system – Article 123
Does not fully comply with international human
rights standards e.g. on the nature of non-
derogable rights; grounds of discrimination, right to
life etc
Enforcement Mechanisms
Courts of Law – Article 50 and Chapter 8
UHRC – Articles 51-55
EOC – Article 32
Executive – Chapter 7
Parliament – Chapter 6
IGG – Chapter 13
DPP - Article 120
Police – 211-214, UPS- 215-217, etc
CSOs- Article 38, NODPSA II (v) and (vi) and V (ii)
 Discussion Question
Critically analyze the bill of rights in Chapter four of
the 1995 Constitution of the Republic of Uganda (as
amended) on whether it complies with international
and regional human rights standards relating to:
a) Economic, Social and Cultural Rights
b) Civil and Political Rights
c) Rights of Vulnerable Groups
d) Limitations and Derogations
References and Further reading
Refer to Reading List
1. Uganda and the United Nations Human Rights
Mechanisms
2. See JC Mubangizi, The Protection of Human
Rights in Uganda: Public Awareness and
Perceptions 1 African Journal of Legal Studies 3
(2005) 166-186
3. Francis Sekandi, Protection of Human Rights in
Uganda, 1994
HUMAN RIGHTS IN THE 1995 UGANDAN
CONSTITUTION

The End.

Thank you for listening to me!