Human Rights in Uganda: A Legal and Institutional Analysis

Abstract

This article provides a comprehensive examination of the legal, institutional, and practical dimensions of human rights in Uganda. Drawing on constitutional provisions, statutory laws, international obligations, and institutional performance, the article explores the extent to which Uganda protects and promotes human rights. It identifies key areas of concern including civil liberties, political freedoms, economic and social rights, and the status of marginalized groups. The analysis highlights both progress and persistent challenges, and concludes with recommendations for legal and policy reforms to enhance human rights protection in Uganda.

Introduction

Uganda, a country in the heart of East Africa, has a complex and evolving human rights landscape shaped by colonial legacies, post-independence conflicts, and contemporary political dynamics. Following a turbulent history marked by dictatorship and civil war, the Constitution of the republic of Uganda, [1] was hailed as a turning point, ushering in an era of democratic governance and commitment to human rights.

The Constitution integrates principles of international human rights law and provides extensive civil, political, economic, and social rights. Yet, the realization of these rights is uneven. Factors such as political repression, limited institutional capacity, systemic corruption, and inadequate public awareness continue to undermine human rights implementation. This article undertakes a legal and institutional analysis of Uganda’s human rights regime, drawing attention to both its achievements and persistent shortcomings.

Research Methodology.

The Constitution of the republic of Uganda[2] is regarded as one of the most progressive constitutions in Africa with respect to human rights. Chapter Four articulates the Bill of Rights, establishing the legal basis for the protection and enforcement of a broad range of civil, political, economic, social, and cultural rights. It  obliges all state organs and individuals to uphold and respect these rights, emphasizing that  rights are inherent and not granted by the state. These include; the right to life under Article 22,  freedom from torture or cruel, inhuman or degrading treatment under Article 24, right to fair hearing under Article 28,  freedom of expression, assembly and association under Article 29, right to education under Article 30 and economic rights under Article 40. The Human Rights (Enforcement) Act,[3] , reinforces Article 50 of the constitution by allowing individuals and groups to seek redress without demonstrating personal interest. The Prevention and Prohibition of Torture Act,[4], criminalizes torture and mandates investigation and prosecution. However, several statutory provisions undermine these guarantees. Laws such as the Public Order Management Act,[5] are frequently used to limit freedom of assembly, while the Computer Misuse Act,[6]  is often invoked to stifle free expression. This dichotomy between progressive constitutional rights and restrictive legislation reflects the tension between law and political expediency in Uganda’s governance.

Main Body

Uganda is a party to major international human rights treaties, including The international Covenant on Civil and Political Rights (ICCPR), The International Covenant on Economic, Social and Cultural Rights (ICESCR), The African Charter On Human And People’s Rights (ACHPR) and the Convention on the Rights of Persons with Disabilities (CRPD).

Regionally, Uganda is a signatory to the African Charter on Human and Peoples’ Rights and its related protocols. These instruments oblige Uganda to respect, protect, fulfill human rights and to submit periodic reports to monitoring bodies.

They as well oblige Uganda to implement domestic reforms consistent with international standards. Despite this, Uganda’s reporting has been inconsistent and implementation of recommendations remains limited. The 2021 Universal Peer Review (UPR) process highlighted concerns regarding restrictions on media, civil society, and LGBTQ+ persons. Uganda has not ratified several optional protocols, including the Optional Protocol to the Convention against Torture, which would allow independent inspections of detention facilities. Moreover, domestic incorporation of treaty obligations is incomplete, creating gaps between international commitments and domestic legal practice. A stronger commitment to international oversight and follow-through on treaty obligations is essential to improve accountability.

The institutional framework for the protection of human rights in Uganda is multi-tiered, comprising constitutional bodies, the judiciary, civil society, and independent oversight institutions.

Uganda Human Rights Commission (UHRC)

The UHRC is a constitutionally established body under Article 51 and operationalized through the Human Rights Commission Act [7].Its mandate is to investigate human rights violations at its own initiative or complaint by any person or group of people, promote civic awareness by educating the public on the provisions of the constitution and encouraging the public to defend it against any form of abuse and violation, monitor compliance with international norms and provide remedies such as compensation among others.
The commission plays a critical role in human rights research and policy reform through annual reports and recommendations to the Parliament of Uganda. However, it faces operational constraints due to underfunding (budgetary constraints) such as low victim compensation, long standing delays in appointing commissioners, political interference and lack of enforcement authority.

The Judiciary.

This is established under chapter eight of the constitution of the republic of Uganda.[8]  The Supreme Court, Constitutional court and High court of Uganda have made notable contributions to the development of human rights jurisprudence by interpreting human rights- related provisions. In Charles Onyango Obbo & Andrew Mujuni Mwenda Vs Attorney General of the Republic of Uganda, [9] The supreme court of Uganda nullified section 50 of the then penal code Act, cap 120 which made publication of “false news” a criminal offence. The appeal was against a decision of the constitutional court which arose out of a petition seeking to invoke the constitutional protection for the freedom of the press. Justice Mulenga, asserted that the provision criminalized conduct that is otherwise a legitimate exercise of the right to freedom of expression which is a bedrock of democratic governance.

Inspectorate of Government and Equal Opportunities Commission

The Inspectorate of Government operates under Chapter 13 of the constitution of the republic of Uganda[10] and the Inspectorate of Government Act[11] whereas the Equal opportunities commission is created under Article 32(3) – (4) of the constitution and operationalized through the Equal opportunities Act,[12] These bodies have the mandate related to transparency and right to freedom from discrimination. Their effectiveness is often questioned due to overlapping jurisdictions and resource limitations.

Civil Society and Media

These serve as watchdogs and advocates for Human rights. These include; Foundation for Human Rights Initiative (FHRI),  Center For Constitutional Governance (CCG), Chapter Four Uganda, international Federation For Women Lawyers (FIDA Uganda) , African Center for the Treatment and Rehabilitation of Torture Victims (ACTV) among others.  They face operational restrictions under laws like Non-Governmental Organizations Act,[13] and frequent intimidation by security agencies. This shrinking civic space impairs advocacy and limits public participation in governance. Despite facing regulatory constraints, NGOs and journalists play a vital role in monitoring abuses, litigating public interest cases, and raising awareness.

Human rights concerns in Uganda span multiple domains and disproportionately affect vulnerable populations.

Freedom of Expression and Press: Freedom House and Reporters without Borders have documented cases of media shutdowns, unlawful arrests, torture and harassment of journalists by security agencies. Critical voices online are often targeted using cybercrime laws. The enforcement of the Computer Misuse Act has led to self-censorship among bloggers and social media users. During the March 2025 Kawempe North by-election that sought to replace the former Member of Parliament, the late Mohammad Ssegirinya, journalists were assaulted, detained and had footage confiscated with equipment destroyed despite identification as press.

Police Brutality and Torture: Reports from the Uganda Human Rights Commission (UHRC) and civil society groups such as Human Rights Watch cite consistent use of torture, arbitrary arrests, and incommunicado detention. Torture is particularly prevalent during political unrest and protest management. The lack of independent oversight of security agencies exacerbates impunity.

Women’s Rights: Uganda has made strides in promoting gender equality, including affirmative action policies and legal reforms. However, gender-based violence, early marriage, and limited access to justice remain prevalent. Enforcement of protective laws is inconsistent, and social norms continue to disadvantage women.

Rights of marginalized groups: Homosexuality remains criminalized under the Penal Code Act[14], and the 2023 Anti-Homosexuality Act introduced severe penalties, drawing condemnation from the UN and international human rights bodies. The law has fueled violence, discrimination, and social exclusion, undermining Uganda’s international civil rights commitments.

Land Rights: Forced evictions without compensation, particularly affecting indigenous communities like the Batwa and Benet, continue despite court rulings affirming their rights. Weak land governance systems, tribalism, abuse of office and corruption contribute to widespread land-related human rights abuses

Challenges

The primary barriers to the realization of human rights in Uganda include political repression, weak institutions, corruption, and inadequate public participation.

Authoritarianism and political repression; the government has been criticized for suppressing opposition parties, harassing and persecuting opposition political activists and restricting freedom of expression, association and assembly. Furthermore, security forces often detain activists, journalists and political opponents without due process. Independent media outlets face intimidation, revocation of operation licenses ,and journalists are often arrested or threatened as it was in the recently concluded Kawempe North By-elections. This was also seen when an online media television called Alternative digitalk was closed in March 2022.(https//share.google/6ggiyagmqD0o8dwcm).

Political Interference in the affairs of institutions mandated to promote and protect human rights; The dominance of the executive has eroded the autonomy of institutions like the Uganda Human Rights Commission, police and Judiciary. This has led to impunity, selective enforcement of the law where perpetrators of human rights violations go unpunished.

Corruption and Resource Constraints; Many government agencies lack the capacity and resources to enforce human rights obligations while others like judiciary and police are faced with high levels of Corruption which undermines access to justice and weakens public confidence in accountability mechanisms. Furthermore, resources meant for healthcare, education and human rights are often embezzled.

Legal and Administrative Barriers; Restrictive laws targeting Non Government Organizations (NGOs) and opposition political parties create a hostile environment for civic engagement. The 2016 NGO Act and amendments to electoral laws have curtailed the ability of citizens to organize and participate in governance.

Limited Public Awareness; Many citizens are unaware of their constitutional rights or how to enforce them. In fact majority of the citizens think Human rights are only about demonstrations and LGBTQI rights. To others, human rights promotion is work meant to be done by only lawyers. Legal aid is underfunded and concentrated in urban areas, leaving rural populations vulnerable. Furthermore, restrictive laws and intimidation reduce opportunities for civic engagement and education.

Lack of good will by the government to protect and promote human rights; This is reflected in the budget processes where priority is not given to institutions and services that enhance human rights protection. Limited funding is allocated to education, health, justice law and order sector which leads to understaffing, inadequate infrastructure and basic services. Ultimately, this leads to case backlogs, hence hindering access to justice, the realization of economic and social rights especially in rural areas.

Socio-economic inequality; A large portion of the population lives below the poverty line, limiting access to basic human rights like health, education and housing.

Developments.

Despite these challenges, Uganda has witnessed some encouraging developments:

Legislative Reforms; The enactment of the Human Rights (Enforcement) Act,[15], has empowered courts to provide timely remedies and mandated public officials to respect humanrights.

Judicial Activism; Courts have invalidated provisions of laws deemed unconstitutional. This was evidenced on 20^th March, 2020 when the constitutional court annulled the repressive Public Order Management Act, [16] (POMA) and declared all acts done under it null and void. In the lead judgment, Hon. Justice Cheborion Barishaki ruled that the provisions  of the POMA do not pass the test set out under Article 43(2) (c) of the 1995 constitution of the Republic of Uganda which requires that any limitation of rights and freedoms must be acceptable and demonstrably justifiably in a free and democratic society.  In the case of Muwanga Kivumbi Vs Attorney General, Constitutional petition No. 9 of 2005, court held that the powers given to the Inspector General of Police to prohibit the convening of assemblies or processions were an unjustified limitation on the enjoyment of a fundamental right and thus inconsistent with Article 29(1)(d) of the constitution. The court further declared section 32 of the Police Act null and void. The Constitutional Court has increasingly asserted its role in safeguarding civil liberties.

Technological Innovation; Civil society has leveraged mobile technology to provide legal aid, report violations, and raise awareness.

Digital platforms are enabling new forms of civic participation whereby citizens are now able to use technology to monitor, document and report human rights violations and abuses.

International Engagement; Uganda’s periodic engagement with international human rights bodies provides an avenue for scrutiny and reform, even though implementation of recommendations remains slow.

Recommendations.

To build a more rights-respecting society,Uganda should;

• Strengthen the Independence of Institutions: Ensure functional autonomy and adequate funding for the UHRC, Judiciary, and oversight bodies.
• Repeal Repressive Laws: Amend or repeal the Public Order Management Act, the Computer Misuse Act, and the Anti-Homosexuality Act to align with constitutional and international standards.
• Ratify Key Treaties: Uganda should ratify the Optional Protocol to the Convention against Torture and other outstanding instruments to reinforce its commitment to international oversight.
• Expand Legal Aid and Rights Education: Government and NGOs should invest in legal literacy campaigns and expand access to legal services in rural and marginalized communities.
• Promote Transparency and Accountability: Combat corruption and impunity by strengthening internal monitoring systems, enhancing whistleblower protections, and ensuring timely investigations of abuses.
• Promote digital literacy and local media platforms to enable safer and broader civic participation and expression.
• Mobilize support for girls’ right to education, opposing forced pregnancy testing and supporting readmission policies
• Increase Uganda Human Rights Commission funding to enhance human rights education, adjudication and outreach.

Conclusion

Uganda’s human rights architecture is legally robust but practically fragile. The Constitution offers a strong foundation, and recent reforms provide momentum for change. However, entrenched political control, weak institutional performance, and socio-economic disparities continue to obstruct meaningful realization of rights. Sustainable progress requires a long-term commitment to legal reform, institutional development, and civic empowerment. If Uganda is to fulfill its vision of justice, equality, and freedom, human rights must be placed at the center of governance and national development strategies.

References

1. Constitution of the Republic of Uganda, 1995
2. Human Rights (Enforcement) Act , 2019
3. Uganda Human Rights Commission Annual Report (2020 – 2024)
4. United Nations Human Rights Council, UPR Reports on Uganda
5. African Commission On Human and People’s Rights, Communications Resolutions
6. Andrew Mwenda & Anor V Attorney General (2005) constitutional petition No. 2 of 2005
7. Katureebe V Attorney General (2019) constitutional court petition No. 8 of 2016
8. Muwanga Kivumbi V Attorney General constitutional petition No. 6 of 2011
9. Human rights watch, “Uganda: Events of 2024”
10. Amnesty International, Uganda Country Reports (2023, 2024)
11. Human rights in Uganda, the illusive promise ,Dr Livingstone Ssewanyana.
12. Constitutional and History of Uganda , Justice Kanyeihamba.

[1] 1995 (as amended)

[2] ibid

[3] Cap 12

[4] Cap130

[5] Cap 326

[6] Cap 96

[7] Cap 26

[8] supra

[9] Constitutional Appeal No.2 of 2002

[10] supra

[11] Cap 32

[12] Cap7

[13] Cap 109

[14] Cap 128

[15]supra

[16] supra