INTRODUCTION

In all nations, regardless of their economic standing, corruption is a serious problem. The levels of
corruption are high due to the individualistic self approach of unjust fast enrichment, I agree with
court in Geofrey Nyakaana v Neema & ors on the principle of public good overrides individual
benefit1 however the corruption rates in Uganda have negatively impacted on the enjoyments of
social, economic and cultural rights. It compromises human rights, which compromises individual
well-being and jeopardizes economic growth and state institutions' capacity to operate2.
BODY
In my view, perhaps one of the most embarrassing corruption scandals in Uganda that had an
adverse effect on human rights, socially and economically was the GAVI FUNDS CORRUPTION
SCANDAL3 involving top ministry if health officials, this funds were meant for malaria, HIV and
tuberculosis patients that were swindled by the government officials, this was a direct curtailing of
the right to health. OHCHR and good governance writing on Corruption and human rights, have
noted that Corruption can have a devastating impact on the availability, quality and accessibility
of human rights-related goods and services. Moreover, it undermines the functioning and
legitimacy of institutions and processes, the rule of law and ultimately the State itself 4
In all the circumstances of human rights as rightly held in Purohit v Attorney General5, the
government has an obligation to provide, protect, promote and fulfil the chairperson of the
Commission of inquiry into the corruption scandal Justice James Ogoola said, "To steal money
intended for ... medication, food and welfare is to steal from them [patients] their last glimmer of
hope, and to pull the only rug from under their feeble feet," 6. The AIDS Support Organisation
(TASO), should have received two installments of Global Fund money to assist community-based
organizations and government hospitals, a, said the organisation would not receive the second
payment, worth about $110,000, until new procedures had been put in place. "It's frustrating," he
said. "We made promises to HIV-positive people but have kept them waiting while we wait for the
second instalment of funding. Our projects have been set back by months, so it is back to the
drawing board."7 this was a classic manifestation of the infringement of the right to health.
People's ability to exercise their social, economic, and cultural rights is impacted by corruption and
other similar practices in many different ways. Any act of soliciting or accepting, directly or
indirectly, or through a public official, affecting goods of monetary value or benefit is considered

1
[2015] UGSC 14
2
[(No. António Guterres, UN Secretary-General [UN, SdotE. 10 September 2018 [Security Council Conference on Corruption and
Conflict]
3
These were the Global Fund for AIDS, Malaria and Tuberculosis
4
https://www.ohchr.org/en/good-governance/corruption-and-human-rights
5
[ Comm. No. 241/2001]
6
https://reliefweb.int/report/uganda/uganda-misuse-funds-revealed-global-fund-inquiry-quizzes-ministers
7
TASO's director of advocacy, Peter Sebandi’s comments on the impact of the GAVI fund Corruption saga
corruption, according to Section 2 of the Anti-Corruption Act8. is a crime if it involves promising
rewards or other forms of payment to oneself or another person or organization in exchange for
gifts, favors, deeds, or omissions made while carrying out official duties. The griddle story is a real
example of corruption in Uganda, as are other cases like Covid-19 food shipments that failed to
reach their intended locations. Embezzlement by those in power undermine the exercise of
Ugandan rights, regardless of how the rest of the country benefits when making choices about the
economy, culture, and politics, it frequently affects objectives under the 1995 constitution 9. On
the background of this, it’s important to note that the national objectives and directives of state
policy are enforceable under the courts of law as opined in Tinyefunza v Attorney General10 and
as expressly provided for under article 8A11.

According to the Black's Law Dictionary, human rights are now understood to be the rights that a
person is born with. For people to be able to live with dignity, they must fulfill these fundamental
requirements or minimum standards. The ESCR may cover rights to health, to a decent standard of
living, to education, and other things. , which all work together and are thought to be inseparable in
any case to guarantee that citizens accomplish them. Governments should refrain from making12 .
Uganda has ratified international treaties like the ICCPR, ICESCR, and UNDP13. enjoys the
authority to bind the state. For those people, becoming is a reality. The creation of these Human
Rights Covenants aims to defend liberties like the right to social services, the freedom from forced
labor, and the freedom of speech and association. Uganda is subject to the 21 January 1987
ratification and 21 April 1987 effective date of the International Covenant on Economic, Social,
and Cultural Rights. The Optional Protocol on Economic, Social, and Cultural Rights is still
pending ratification and signature by Uganda. Due to the dualistic nature of the state, the ESCR
Treaty cannot be directly enforced unless it is expressly permitted by the Constitution, as stated in
Chapter 4 of the Enforceable Constitution14. When discussing this matter, it is important to keep in
mind that a variety of other factors also contribute to Ugandans' limited ability to exercise their
social, economic, and cultural rights. is essential. Governments and the general public both have a
duty to work toward putting an end to these elements, but as we'll discuss below, this has already
been done to some extent. .
Corruption's effects on the right to good health.

8
Act No. 6 of 2009
9
[National Goals and Guidelines for Government Policy VII, XIV]
10
[2005]
11
1995 Consititution of the Republic of Uganda as amended
12
[available at www. What Are Human Rights?[http://ohchr.org/en/Issues/pages/whatarehumanrights.aspx].
13
[[International Covenant on Civil and Political Rights; International Covenant on Economic, Social, and Cultural Rights; United
Nations Development Programme]
14
[[Article 254 (1,2,3)]
Corruption not only results in the violation of some human rights, such as the right to health, but
also serves as a structural impediment to the realization of these rights, as held in Purohit v The
Gambia15, the government has an obligation to promote, protect, provide and fulfil the right to
health. However, in the GAVI fund scandal saga above16 it’s government and it’s agents that not
only neglect their obligation under the national objectives and directives of state policy 17, but
also actively engage in the infringement of human rights. In Uganda, it is taken seriously when
responsible government officials frequently divert funds or donations intended for health centers
for their own use. For example, ambulances are sometimes used for personal use instead of being
purchased for the purpose, depriving communities of access to better health facilities and services 18.
In order to ensure that the limiting factors of corruption are combated, it is essential to
acknowledge the government's progressive efforts in adopting legislation into the legal system and
framework. exercising social, economic, and cultural rights that have human rights derived from
them, such as the right to health. This can be compared to the first generation of independence
attempts at constitutional promulgation, none of which made explicit reference to the issue of
ESCRs; instead, they focused primarily on issues of land and property rights without engaging in
serious discussion about how to best achieve the goals of the constitution 19. This does not, however,
ignore the problems with attempts to simply set and make laws, as there are still no mechanisms in
place to guarantee that they are carried out correctly. This has caused those who are subject to the
law to suffer. There may be some effects on the advantages that such laws are meant to promote.
The iron sheets intended for the Karimonja community, for instance, not only arrived but were
also diverted by a number of persons without any accountability, and yet the community's
conditions are dire and they require financial assistance in order to achieve their rights.Corruption
and its detrimental effects on living standards. The discriminatory outcomes of corrupt practices
also commonly violate other human rights, such as the right to education, health and adequate
housing. The rights to equality and non-discrimination are also violated when non-monetary acts of
abuse of power have taken place, such as when sex or the human body is used as the "currency” of
the corrupt act.20
According to Article 12 of the International Covenant on Economic and Social Rights
(ICESCR), everyone has the right to an acceptable standard of living, which includes the best
possible physical and mental health.

15
ibid
16
ibd
17
ibid
18
[(UNHCR, 2015; Wouters, Ryngaert, and Cloots, 2013, p. 35)
19
[Righting Wrongs THE ECONOMIST, August 18, 2001 at 19–20]
20
https://www.unodc.org/e4j/en/anti-corruption/module-7/key-issues/impact-of-corruption-on-specific-human-rights.html
When it comes to cases like Legal Aid on People with Disabilities v. Attorney General has only
partially succeeded in achieving the state's objectives under Chapter 4, according to Attorney
General21. The iron sheets scandal is just one example of the greater corruption that has been taking
place in the country from the provision of services to attain human rights, as determined by the
court in other cases where it was deemed necessary to protect people's rights must go as far as to
include everyone without any form of gender discrimination. Another illustration is the controversy
surrounding the pay of the medical officers who served during the COVID-19 pandemic and who,
despite claims from authorities to the contrary, have still not received their compensation. This
shows both the rejection of economic empowerment and the sizeable risks involved. As a result,
everyone is only concerned with their own personal gain, and the institutions weaken to the point
where they can no longer function.
This assertion is supported by the fact that it contravenes a number of legal provisions, including
Article 31, Article 32 on affirmative action, and Articles 33 and 35 on people with special
needs, such as women, minorities, and people with disabilities.
Corruption affects the independence of government institutions hence poor service delivery,
notably, every person has the right to file an application with any court of competent jurisdiction in
situations where their rights are upheld, as per Article 50 of the constitution, which governs the
performance of the government's duty to defend human rights. With regard to Green Watch v. The
government, through the Attorney General and NEMA 22, used regulations to ensure that the
production of kaveera was constrained, ultimately defending the right to health and environmental
protection. However, despite its best efforts, this state power fell short of effectively containing the
widespread levels of corruption, particularly when some governmental institutions lacked complete
independence. Most of the time in Uganda, those who enact laws or regulations also violate the
rights of those who live in larger communities. This leads to poor service delivery, which is a result
of the numerous intermediaries that funds must pass through before they can be distributed to the
general populace. As a result, the poor are denied access to economic, social, and cultural rights
because they are extremists who only want what they can get for themselves. Organizations
accepting bribes to enforce particular regulations, such as those governing factories, frequently
have an impact on the majority of people within communities. Members of vulnerable groups may
experience corruption more severely and disproportionately than others, They are those who rely
mostly on public services rather than private ones, such as health care and schooling, and who have
no influence over lawmakers or those working in government agencies23.

21
[Miscellaneous Cause 146 of 2011(2014) UGHCCD 76, May 2014]
22
[Misc Cause 140 of 2002]
23
[ Visit www. worldbank . org/en/topic/governance/brief/anti-corruption for a discussion by the World Bank on how corruption
impacts weak and poor communities]
The state's ability to mobilize resources for the provision of necessary services for the realization of
economic, social, and cultural rights is compromised by corruption.
It is important to keep in mind that, in the end, the problem of how well ESCRs will be
implemented or attained largely depends on how concerned society as a whole is to ensuring that
they are. It is vital to emphasize that political methods and roles have a significant impact on how
these human rights are implemented, or how much they can be politicized. We can use the example
of other political states that have permitted NGOs and HROs to operate as independent institutions
and act as observers and the control arm of the government organs in implementing the realization
of human rights. This has created a great modus-operandi for all states in regulating the
implementation of human rights. the success rate of persons obtaining their rights 24. I infer from the
debate above that it is crucial to politicize through autonomous arms in order to ensure that the
goals are reachable in terms of prosecuting and punishing the officers who abuse their positions of
authority and prevent citizens from exercising their legal rights. Also, this will lessen the political
pressure placed on whistle blowers, who are typically targeted in order to undermine the aspect of
fighting corruption, and it will ensure that appropriate tools to combat corruption are in place.
The impact of corruption on rule of law that leads to changing laws on people’s life.
According to Article 8 of the constitution25, everyone is free to use their freedom to join any
organisation, and this right should be encouraged rather than restricted. This is related to the
Mwanga Kivubi v. Attorney General 26 case, where the courts underlined the importance of
upholding regulations in order to encourage people to form associations It is reaffirmed in Article
29 of the constitution27 as well, however in the government's efforts to advance this right, the rules
have not been supported to censure the various organs or people who break the law and obstruct the
realization of people's rights.
In Uganda, the law is applied retroactively, where a select few use it to get beyond the protective
laws and obtain rights that are inalienable to larger societies rather than applying it to suit the
interests of the general populace. In the case of Suzan Kigula v. Attorney General28 where
Article 22 was contested, the court understood that certain aspects are not to be left to discretion
but that the law should serve its intended function. Accordingly, the various scenarios that fall
under corruption should be punished under the anti-corruption act, and people should be held
accountable to ensure that the attainment of the realization of the rights of the majority are attained.
Corruption and its effect on the right to food and housing.

24
[Human Rights Operation in coordination with NGO- to protect the Individuals' Human Rights]
25
1995 Consitution of the Republic of Uganda
26
[ (Constitutional Petition 9 of 2005 (2008) UGCC 34). ]
27
ibid
28
[Constitutional Petition 6 of 2003 (2005) UGCC 8]
The Special Rapporteur on the right to food, clothing, and housing's 2001 report 29 and the ongoing
deterioration of surviving conditions brought on by the embezzlement of funds meant for food aid,
as well as product licenses that result in the production of subpar food on the market from bribes to
procedural and inspection officers, provide ample evidence of the impact of corruption on the right
to food. Further courts must uphold their high level of independence in order to safeguard the
social, economic, and cultural rights of the populace. The anti-corruption division must approve
punitive measures because courts serve as mediators and defend people's interests while upholding
the government's obligations. in making sure that those guilty for the wrongdoing do so in order to
ensure that the rest learn and specific acts are not repeated. The majority of individuals in Uganda
make less than $1 per day, which is considered to be the poverty line. Uganda has made significant
strides toward lowering the percentage of its population that lives below the national poverty level
since 1990.
The poverty headcount decreased from 56 percent to 31 percent in 2005/2006 and 24.5 percent in
2009/201030, but there has been a significant decline with the avian influenza virus pandemic and
the rise in the rate of corruption in the various offices, leaving the majority of Ugandans to rely on
what is provided to them by the government including public schools and public health services,
but this is disrupted by the corrupt officials who abuse the office. To be able to achieve people's
human rights, the court placed emphasis on the protection of good health in the case of TEAN v.
Attorney General.31 in accordance with Articles 39 and 22 of the constitution, which deal with
the protection of the livelihood of Ugandan citizens and communities. If the government does not
act to reduce corruption, many people's dreams of achieving even a small portion of their human
rights will remain unfulfilled. As an example, hospital drugs that are never delivered to various
regions and ambulances that are not purchased for the services of those who need them are just two
examples.
The impact of corruption on social dimension. In accordance with Article 237 of the constitution,
which puts land in the hands of the people under various land tenure regimes, the government is
obligated to safeguard people with their property. This right includes the right to subsistence, and if
it is violated, it interferes with the realization of other human rights because some property provides
a means of economic sustenance for individuals. In the case of Telis v. Bombay Municipal
Council32, it was argued that expelling slum inhabitants violated citizens' rights to a decent standard
of living. In the case of Salvatori Abuki and others v. Attorney General, 33 where it was argued
that the prohibition on charges of witchcraft was in conflict with constitutional rights, However,
29
[Available at https://undocs . org/E/CN. 4/2001/53]
30
[National Special Rapporteur on poverty line]
31
[Appeal No. 14/02]
32
[1985 SCC (3) 545]
33
[Constitutional Petition No. 2 of 1997]
certain laws, such as compulsory acquisition in certain circumstances, have denied citizens their
right to property, as in the recent scenario of Namboole, where the government claims compensated
the citizens on the land and are expected to vacate despite the fact that the people's livelihood was
on the said land and needed proper evaluation to be protected decades earlier. The Supreme Court's
ruling in Best Kemigisha v. Mabel Komutale 34 demonstrates how far the government must go to
uphold citizens' property rights in order to ensure their ability to support themselves.
Corruption undermines the right to education in the institutions,. General Comment No. 13 of the
CESCR indicates that states have responsibilities to grant their citizens the right to an education
and to create the necessary institutions. This institution is impacted by corruption, for instance,
when schools bribe students to pass exams, and in other universities, students pay teachers in
exchange for grades. The government has a duty to make sure that all students have access to
quality education that is both affordable and all-encompassing in order to further the realization of
human rights. The court ruled in Amuron Dorothy v. Law Development Center35 that everyone's
right to an education should be upheld and safeguarded by the government.
CONLUSION
The government has a duty to give all children with an education As a result, the government must
take steps to eradicate all aspects of corruption and create a strategy for the protection of all human
rights. Corrupt activities in particular harm attempts to realize economic, social, and cultural rights
and values. Disadvantaged groups and persons suffer disproportionately from corruption. They
are often more reliant on public goods and services and have limited means to look for
alternative private services. They typically have fewer opportunities to participate in the design
and implementation of public policies and programmes and lack the resources to defend
themselves and seek reparations. 36
The impact of corruption is often considered to be especially pronounced regarding economic,
social and cultural rights, although this is not, in fact, always the case. Economic, social and
cultural rights are typically perceived as requiring a greater investment of public resources
compared to civil and political rights, which are typically perceived as merely requiring States to
refrain from interfering with individual freedoms. However, the realization of all categories of
human rights may, in fact, require the allocation of substantial public resources.37

34
[a constitutional petition on the repugnancy of Ugandan customs
35
(Miscellaneous Cause 42 of 2016) [2016] UGHCCD 110 (05 December 2016)
36
https://www.ohchr.org/en/good-governance/corruption-and-human-rights
37
https://www.unodc.org/e4j/en/anti-corruption/module-7/key-issues/impact-of-corruption-on-specific-human-rights.html