CIVIL & POLITICAL

RIGHTS

Roselyn Karugonjo-Segawa
 Overview of Lecture
 Introduction
 Description of Civil and Political
Rights (CPR)
 Classification of CPR
 State Obligations
 CPR in the 1995 Constitution and
Selected Case Law
 Conclusion
 Introduction
 Civil and political rights are contained
in the UDHR, ICCPR, regional
instruments and Constitutions and
subsidiary laws (Lecture will
concentrate on the Constitution)
 Civil and Political Rights especially
in the UDHR and ICCPR are
universal (supported by a great
majority of States).
 Introduction
 By and large civil and political rights
place duties upon the State with a
few obligations placed on the individual
(see Preamble of ICCPR and Art. 29 of
the UDHR)
 Initially presumed to be absolute and
immediate unlike ESCR which were
considered only progressive!
 Civil and Political rights can only be
limited under certain circumstances.
How would you describe Civil and
Political Rights?
 Description of CPR
Civil and Political rights are the rights
that generally:
a)restrict the powers of the
government in respect of actions
affecting the individual and his or her
autonomy (civil rights); and
b) confer an opportunity upon people
to contribute to the determination of
laws and participate in government
(political rights).
 Description of CPR
Civil rights include:
the right to life;
the right to freedom from torture and
ill treatment;
the right to a fair trial;
the right to freedom of assembly and
association
the right to freedom of thought,
conscience and religion
 Description of CPR
Civil rights also include:
the right to freedom of expression
the right to an effective remedy
the right to privacy
the right to liberty and security
the right to asylum
the right to freedom from
discrimination*
 Description of CPR
Political rights include:
•the right and opportunity, without
unreasonable restrictions, to take part
in the conduct of public affairs,
directly or through chosen
representatives.
•The right to vote and stand for
election at genuine periodic
elections held by secret ballot
 Classification of Civil and
Political Rights
• Protection of the individuals'
integrity, as in provisions of torture,
arbitrary arrest and arbitrary
deprivation of life;
• Procedural fairness when
government deprives an individual of
liberty, as in provisions for arrest, trial
procedure and conditions of
imprisonment
 Classification of Civil and
Political Rights
• Equal protection norms defined in
racial, religious, gender and other
terms;
• Freedoms of belief, speech and
association, such as provisions on
political advocacy, the practice of
religion, press freedom, and the right
to hold an assembly and form
associations; and
 Classification of Civil and
Political Rights
• The right to political participation
• Self determination and enjoyment
by minorities of their cultures
 State Obligations on Civil and
Political Rights
Implementation of CPR entails:
a)Legislative measures
b)Other measures
i. Law Enforcement
ii. Institutional Safeguards
iii. Procedural Safeguards
iv. Monitoring and Control Mechanisms
v. Contextual/Special Measures
vi. Information and Education
 CPR in the 1995 Constitution

 Article 21 Equality and freedom

from discrimination*
 Article 22 Protection of right to
life*
 Article 23 Protection of personal
liberty
 CPR in the 1995 Constitution
 Article 24 Respect for human
dignity and protection from
torture and inhumane treatment
 Article 25 Protection from
slavery, servitude and forced
labour
 Article 27 Right to privacy of
person, home and other property
 CPR in the 1995 Constitution
 Article 28 Right to a fair hearing
 Article 29 Protection of freedom
of conscience, expression,
movement, religion, assembly
and association.
 Article 38 Civic Rights and
activities
• Article 41 Access to information
 CPR in the 1995 Constitution
• Article 42 Right to just and fair
treatment in administrative
decisions
• Article 43 General limitation on
fundamental and other human
rights and freedoms
 CPR in the 1995 Constitution
• 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
 Right to Life
• Article 22 ???
• Death penalty allowed after a fair trial
by a Court of Competent Jurisdiction
for a Criminal Offence
• Conviction and sentence have to be
confirmed by the highest appellate
court
• Unborn child protected
• Clemency? – Article 121 (4), (5) and (6)
 Right to Life
The right to life is often violated, for
example:
•deaths in custody;
•killings by state agents;
•expulsion or "refoulement" (illegal
return)
* See UHRC Cases: Irene Nakimera Vs AG
UHRC/JJA/66/2006 Go to website for more
 Right to Life
The right is also violated, when there
is:
•failure to investigate alleged
violations of the right to life and to
bring those responsible to justice.
•Failure to comply with the standards
on the use of the death penalty.
•Unlawful abortion
 Case Law on the Right to Life
• Susan Kigula & 416 Others vs
Attorney General Constitutional
Appeal NO. 03 OF 2006 – Right to life
This case removed the mandatory
death penalty!
It was also held that to hold a person
beyond three years after the
confirmation of sentence is
unreasonable.
 Susan Kigula & 416 Others vs AG
Court also urged the Legislature to re-
open the debate on the desirability of
the death penalty …for many years no
death sentences have been executed
yet the individuals concerned continue
to be incarcerated on death row
without knowing whether they were
pardoned, had their sentences
remitted, or are to be executed.
 Right to Liberty: Article 23
Personal Liberty
guaranteed except for
court orders,
reasonable suspicion,
spread of disease, child
for education and
welfare, unsound mind,
unlawful entry. Most
common violation
handled by UHRC!
 Right to Liberty: Article 23
Person should:
•Be kept in a place authorised by law
•Be informed the reasons for the arrest,
restriction or detention and of their right
to a lawyer of their choice
•Be brought to court as soon as possible
but not later than 48 hours
•Have their next of kin informed
 Right to Liberty: Article 23
Person should:
•access the next-of-kin, lawyer and
personal doctor
•access to medical treatment
•Have access to bail and compensation for
unlawful arrest, restriction or detention.
•Have a right to deduct from their sentence
days spent in custody before completion of
the trial
 Right to Liberty: Article 23
Person should have:
•Habeas Corpus
•Right to protection from torture and
other cruel, inhuman or degrading
treatment or punishment*
•Right to a fair trial*
•Right to a lawyer at the expense of the
State for offenses that carry the death
penalty or life imprisonment*
Freedom from Torture and ill treatment
Article 24: UHRC Photos
The right to freedom from torture
This right has also been enhanced by the
Prevention and Prohibition of Torture Act
2012. However, this right is often violated,
for example by:
•the deliberate infliction of severe
physical or psychological pain by state
agents and private individuals with the
intention of causing suffering;
* Most common human rights violation at
UHRC! See recent UHRC Annual Reports.
Violations of the right to freedom
from torture
• expelling or returning a person to a
country in which they face a real risk of
being tortured or subjected to inhuman
or degrading treatment or punishment;
• keeping persons in very poor conditions
of detention, even if there is no intention
to inflict suffering;
• corporal (physical) punishment of
children in schools.
Article 25 Protection vs slavery,
servitude and forced labour
Persons not to be held in slavery or
servitude or required to perform forced
labour
Forced labour does not include a
sentence of court, during lawful detention
for hygiene or maintenance, discipline,
war, or labour reasonably required as part
of reasonable normal communal or other
civic obligations.

Slavery, servitude and forced
labour: The Observer Photo
Ugandan Girls
are trafficked,
sexually
abused,
starved, beaten
&
overworked!
Prevention of Trafficking in
Persons Act 2009*
Right to privacy – Art.27: Regulation of
Interception of Communications Act 2010
No unlawful search of the
person, home or property
No unlawful entry of
premises
No interference with
privacy of home,
correspondence,
communication or
other property.
 Right to a fair hearing Article 28
• Fair, speedy and public hearing
& presumption of innocence
• Information, translation and
facilities
• Legal presentation in case of
death penalty offense
• No retrospectivity & double
jeopardy
• Person or spouse cant be
compelled to give evidence
Freedom of conscience, expression,
movement, assembly and association-
Article 29
Freedom of conscience, expression,
movement, assembly and association-
Article 29 includes:
Freedom of:
•Speech, expression, press and other
media
•Thought, conscience and belief including
academic freedom
•Religion – practise, manifest, belong to,
participate
Freedom of conscience, expression,
movement, assembly and association-
Article 29 includes:
Freedom of:
•Assembly and to demonstrate peacefully
and unarmed to petition – POMA 2013
•Association – forming and joining
associations or unions – NGO Act
•Movement- right to move freely through
out Uganda & to enter, leave & return & to
a passport and/or travel document
 Article 38 Civic Rights and activities
• Right to participate in the affairs of
government individually or through
representatives
• Right to participate in peaceful
activities to influence the policies of
government through civic
organisations
 Article 41 Access to information

• Access to information in the

possession f the State except if its
likely to prejudice security or
sovereignty of the state or privacy of
an individual
Access to Information Act 2005
 Article 42 Right to just and fair
treatment in administrative decisions
• Right to be treated justly and fairly
• Right to apply to a court of law in
respect of any administrative
decision taken against him or her
• This right ties in with the right to a
fair hearing – Articles 28 and 44
Article 43 General limitation on
fundamental and other human rights
and freedoms
• No person shall prejudice other
peoples’ rights or public interest. Public
interest does not permit political
persecution, detention without trial,
or any limitation beyond what is
acceptable and demonstrably
justifiable in a free and democratic
society or provided in the Constitution
Article 43 General limitation on
fundamental and other human rights
and freedoms
Charles Onyango Obbo and Andrew
Mwenda Vs. Attorney General 2002 S.50
of the Penal Code on publication of false
news was declared null and void as it
was not shown to be acceptable and
demonstrably justifiable in a free and
democratic Uganda today within the
meaning of article 43(2)(c).
Article 44 Prohibition of derogation
from particular human rights and
freedoms
No derogation from:
a.Freedom of torture and ill treatment
b.Freedom from slavery or servitude
c.Right to a fair hearing
d.Order of Habeas Corpus
Salvatori Abuki Vs AG 1998
Article 44 does not fully comply with
the ICCPR!
The ICCPR also prohibits derogation on:
Article 6 Life;
Article 11 imprisonment for inability to
fulfil a contractual obligation;
Article 15 criminal offence which wasn’t
an offence at the time of commission &
Article 16 recognition as a person before
the law.
Article 45 Human rights and freedoms
additional to other rights*
• Rights which are not specifically
mentioned are not excluded. Rights in
ratified treaties can also be included!
Mifumi & Others Vs. AG,
Constitutional Appeal No: 02 Of
2014 - Judgment Of Tumwesigye, JSC
Articles 46-49 Human rights and
freedoms during a state of emergency
Not yet been applied*
•Detention or restricted person to be
informed of grounds for detention within
24 hours
•Spouse and next of kin to be informed
and allowed access within 72 hours
•Notification within 30 days if the
Articles 46-49 Human rights and
freedoms during a state of emergency
• Review of detention by the UHRC
within 21 days and after that intervals
of not more than 30 days. UHRC an
order release
• Right to a Lawyer
• Minister to report to Parliament on
status of detentions and action taken
on UHRC findings!
Conclusion
Constitution is very strong on civil and
political rights
However it 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. See Concluding Observations of
the Human Rights Committee, UPR
Recommendations & other Reports!
 Direct References and for further
reading
• Constitution of the Republic of
Uganda
• Recent UHRC Annual Reports 2013
to 2016
• Philip Alston & Ryan Goodman,
International Human Rights, Oxford
University Press, 2012. Pages: 157-
276.
 Direct References and for further
reading
• Chapter 16, The Administration of
Justice During States of Emergency,
Human Rights in the Administration
of Justice: A Manual on Human Rights
for Judges, Prosecutors & Lawyers
• Please read CPR cases on reading list!
 DISCUSSION QUESTION
FOR NEXT LESSON
Discuss the rights of the various
vulnerable groups under the 1995
Constitution.
CIVIL AND POLITICAL RIGHTS

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