Master of Arts in Law

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A preview of the legal framework of Refugees in Uganda
(Kampala International University, 2010) Natolooka, Kepha
The study reviewed Legal Framework of Refugees in Uganda
The relationship between the international criminal court, the united nations security council and international criminal justice
(Kampala International University, School of Law, 2010-09) Christine, Kisubi Esther
This research assessed the relationship between the international criminal court (icc) and the united nations security council (unsc). although the establishment of the international criminal court was welcomed, and many people thought it to be a measure to avoid the accusations of double standards, or “victor’s justice,” which marked some previous international criminal tribunals, the research question was, whether the relationship between the icc and the unsc does not unnecessarily cause judicial interference and as a result lead to injustice. however, upon analyzing the powers of the united nations security council under the un charter of maintaining international peace and security, which power under chapter vii allows the council to take any measure to prevent a threat to security, it is under the same mandate that the Rome statute of the icc allows the unsc to refer cases to the international criminal court. thus, the findings of the research disclose that this relationship does not in any way lead to injustice, since this was clearly stated by the international court of justice(icc) in the Lockerbie case where the court tangentially considered this issue1. in its decision on provisional measures, the court accepted that by virtue of article 103 of the un charter obligations under the charter (including decisions of the security council imposing sanctions) prevailed over obligations contained in other international agreements, there are thoughts that, article 16 was intended to be applied on a case-by-case basis to specific situations, where icc proceedings could interfere with efforts to restore or maintain international peace and security. therefore, this research discloses that, the relationship although necessary, and is intended to serve international criminal justice, there are many concerns over the veto powers of the permanent members and thus the researcher suggests that, if justice is to be seen as done, the structure of membership of the unsc should be reviewed such that all people are equal before the law as one of the principle of legality.
Restrictive abortion legislation and maternal mortality: Case study of Mityana and Kampala districts
(School of Law, 2010-09) Turyamubona, Erasmus Elly
Despite restrictive abortion legislation and all the efforts made by both the government and RHU in promoting family planning as a first step to reducing unwanted pregnancies and the resulting abortions and maternal mortality, many women continue to seek and obtain unsafe abortions. Apart from causing death and other health complications, abortion has many undesired consequences to individual and the economy. Need was therefore seen to investigate a correlation, if any, between abortion and maternal mortality in Uganda. The study collected and analyzed both quantitative and qualitative data using descriptive and correlation study designs. The study population in two study areas (Kampala and Mityana districts) was divided into two categories and both structured and unstructured questionnaires used to get data from them in addition to other methods discussed in the report. Thereafter a comparison was made of both qualitative findings and the findings of quantitative data as analyzed according to thematic areas and study objectives. Among the findings of the study was that to a large extent abortion exists because of inter alia, failure in pregnancy prevention. Furthermore, the prevalence of abortion has a significant impact on the quality of health services. Several conclusions were made following the study which include that repressive abortion legislation does not prevent abortion and on the contrary it prevents safe abortion and turns abortion into a major killer of women. It was recommended, inter alia, that new laws be enacted to allow abortion for reasons relating to the physical and mental health of the women, risk to their life or health of the foetus, rape, or incest or to social, socio-medical or socio-economic conditions. Furthermore, there is need to educate the community on public health problem of unsafe abortion, The education messages should rotate around the legal status of abortion and avoiding unsafe abortion, prevention of unwanted pregnancy and recognizing and seeking appropriate treatment for post abortion complications.
A review of the legal framework of refugees in Uganda
(Kampala International University. School of Law, 2010-11) Natolooka, Kepha
The study reviewed the Legal Framework of Refugees in Uganda, and was guided by three research questions: what legal procedures are adopted in vetting refugees who enter Uganda? What rights as guaranteed by the international instruments do the refugees enjoy while in Uganda? What roles have the United Nations High Commissioner for Refugees (UNHCR) and Government played in facilitating the realization of refugees’ rights in Uganda? Using a triangulation study design, and a Researcher Devised Documentary Review Guide, the researcher studied 10 (out of the 30) years UNHCR’s Global Reports. In relation to the research questions, the study revealed as follows. First, to be determined for refugee status in Uganda, one has to qualify to be a refugee by applying to the Refugee Eligibility Committee (REC) for refugee status, properly identify himself or herself to the refugee reception officer, furnish proof to the satisfaction of the REC that he/she is eligible to be granted refugee status, be issued with a temporary pass valid for ninety days, after which the Commissioner has to issue him/her an identification document signifying his/her refugee status. Second, the study also found that while in Uganda, refugees enjoy several rights which include: being issued with an identity card and protection; being permitted to remain in Uganda; being entitled to fair and just treatment without discrimination; receiving at least the same treatment as is generally accorded to aliens under the Constitution and any other law in force in Uganda; being accorded the same rights as the nationals of Uganda; and getting the same protection as is accorded to the nationals of Uganda in respect of the protection of intellectual property rights, including industrial, inventions, patents, designs, trade names, copyrights and other artistic and scientific works. Lastly, the study found that UNHCR and Government of Uganda worked very closely as partners and complimented and supplemented each other in helping refugees realize their rights by providing support services and logistics in areas of legal assistance, education, crop production, health and nutrition, settlements, shelter and other infrastructure, and peaceful return (repatriation) of refugees. In order to adequately handle the issues relating to refugees in Uganda, the researcher recommends that the Government and UNHCR should: increase their inter-face and ensure effective communication on all issues relating to refugees; jointly produce and circulate the Refugees Act 2006 and the Refugees Regulation 2010 to the refugees as well as the general public; and carry out nation-wide sensitization campaigns about the rights and obligations of refugees, and the responsibilities and obligations of the general public in assisting them.
The conflict between constitutional provisions and customary rights of women in Jonglei State-Bor County of South Sudan
(Kampala International University, School of Law., 2011-07) Chol Deng, Anyieth
This study investigated the conflict between constitutional provisions and customary rights of women in Jonglei state- Bor County, South Sudan. The study emerged as a result of gross violation of women’s rights on issues pertaining to marriage and widow inheritance, hence other rights of women such as right to work and participation in public life were excluded from this study. The study consisted of five chapters; chapter one contains problem and its scope, research objectives, research questions, significance of the study and the definition of operational key terms used in this study. Chapter two is about the reviewed literature related to the study, opinion! ideas of experts and authors, the conflict between law and customs at state level, an overview of South Sudan legal system, the present status of customary law, sources of law, an overview of rights of women under the law and the constitution of South Sudan, customary law in Bor County and finally the conflict between the constitution and customary rights of women, Chapter three of the study concerns mainly with methodology used in the study, while chapter four and five chiefly deal with presentation, interpretation, analysis of data, findings, recommendations and conclusions, The study was limited to South Sudan’s legal systems (statutory and customary laws) and as such few studies about customary law in the Africa region were not much included. The study was guided by three specific objectives thus (I) Level of constitutional provisions on the rights of women (II) level of customary provisions on the rights of women (III) the relationship between constitutional provisions and customary provisions on the rights of women. The study employed descriptive correlational survey research design, with a population of 90 respondents, mainly women. The study found out that the level of constitutional provisions on the rights of women is ~ir in general but provision of Article 15 is not fair; the level of customary provisions on the rights of women is also at fair levels. The study found no significant relationship between the level of constitutional provisions on the rights of women and the level of customary provisions on the same. The study recommended that a review of the constitution, particularly Articles 15 and 123 should be done to further strengthen the rights of women. A section 273 of the South Sudan Penal Code 2008 contradicts the constitution and therefore the study recommended it to be reviewed. The role of Non-Governmental Organizations, though they are not the sole bearers of human rights protection should not be discouraged but such entities should be involved in order to help in the process of promoting and sensitizing respect for human rights and in particular the rights of women and children.
Critical analysis of the role of the United Nations peacekeeping mission in North Kivu/Democratic Republic of Congo 2006-2009
(Kampala International University, School of Law, 2011-08) Sebakungu, Kamari
The United Nations Peacekeeping forces are employed by the organization to maintain or re-establish peace in an area of armed conflict. The UN may engage in Conflicts between states as well as struggles within states. In this particular research, peacekeepers have been sent in the Democratic Republic of Congo under Lusaka ceasefire agreement of the 17th July 1999 but also following the United Nations Security Council Resolution of 1258 of August 6th 1999 authorizing the deployment of a minimum of ninety officers. This number of ninety officers did not remain constant instead it continued to be increased as long as the Congolese war was concerned. Up to 31st October 2007 a total number of the UN Peacekeepers was of 18407 personnel which is the biggest number of the peacekeepers in the world. Viewing this number of peacekeepers in the Democratic Republic of Congo, one wonder whether they perform their task as mentioned in their mandate as expected As it will be presented in this work, the research will indicate the great achievement and failures of the UN Peacekeepers in the Democratic Republic of Congo (MONUC), their conducts on ground, and the contributions of the other partners such as the UN Security Council; the contributing Countries that provide personnel for operations (troop & police); the hosting country(DRC); and finally the rebels.This work presents different abuses committed by different factions in war and how the Peacekeepers behaved toward this issue. This work is completed with a conclusion and recommendations of what should be done in future in order to overcome these problems, finally this work proposes ways to eradicate the bad culture of impunity in DRC
Towards the abolition of the death penalty in Uganda: (an analysis of the implications of the Susan Kugula case)
(Kampala International University.College of Law, 2011-09) Namutale MKJ, Matovu
The researcher embarked on the research topic: An analysis of the implications of the SUSAN KIGULA CASE; The study investigates two issues related to Uganda perception about the abolition of the death penalty and also discusses the implications and imports of the Kigula Case- a special type of ruling on the subject in Uganda. In the researcher’s report there is an introduction of the death penalty and its background in Uganda. The researcher looks at the background in Uganda and the rest of the world in general, had an opportunity to look at the current literature and the different view points i.e. literature of the death penalty generally and in Uganda in particular, and conducted field study, desk study and the findings have been included and summarized in chapter four- Data analysis, Interpretation and Presentation. conclusions have been drawn and it is hoped hoped that another researcher may start from there for further research. Given the world trend, it will not be long for the death penalty to be abolished entirely from the Ugandan statute books. It is the researcher’s view that people live and work in a global village — and Uganda is part of this global village. Uganda cannot afford to work in isolation. The modern evolving standards of decency cannot leave Uganda out. The researcher agrees with the world wide trend and majority views concerning the death penalty that it is no longer viable. The sooner the death penalty is abolished, the better. The researcher concluded by stating that the death penalty has outlived its useful purpose The researcher found that more than 2/3 of the world have abolished the death penalty — in law and practice. Even the 50 countries that have retained the death penalty, have not used it in 2009. It was only 18 countries that (included China) used it in the same year. The researcher reviewed different literature of different authors with diverse views on the death penalty. Some of those reviewed included; The death penalty debate by Hon. Justice Anthony Bahati, Chairman of the Law Reform of Tanzania, Robin M. Maher, “The death penalty and reform in the USA; The people decide by Leah Ambler, John MCdams views on the deterrents among others. Following the research design, the researcher embarked on the analysis of the Susan Kigula case and its implication on the Ugandan laws. The researcher first looked at the legal provisions governing the death penalty in Uganda — both in civil and military courts, and a list of offences that attract the death penalty. The researcher also looked at the international human rights instruments and how they impart on Ugandan court system. The researcher found that most of the people interviewed were in favour of the death xv penalty. This was no sui~rise in a countly where mob justice is ve~ common even for the slightest offence. The death penalty is constitutional in Uganda but the court’s judicial notice on the international trend for abolition and the advice to the law makers to consider the abolition of the death penalty is indeed encouraging. The researcher was able to identify a number of elements inconsistent with the international human rights obligation of Uganda in the context of the administration of the death penalty. Great attention has been focused on the abolition of the death penalty the world over. The abolionists have failed to consider the plight of the victims families. The victims have also human rights which were cut short by deliberate criminal behavior. Many writers and researchers are of the view that the death penalty has no deterrent effect. In the researcher’s view this is debatable. The researcher concludes that death penalty in Uganda (in light of what has transpired) will soon be abolished. How soon this will depend on how the government and other stakeholders will act; — namely sensitize the public. But until that is done, the hardened attitude of the populace may take long to soften.
Forestry governance in Mabira and Mpanga
(Kampala International University,School of Law, 2011-09) Galiwango, Mukuye; William, Wilberforce
In Uganda, land use continues to change over time. Land use and forestry governance have continued to influence each other. There is increasing xiv public attention and debate about land tenure and forest degradation, privatization, and encroachment on land, and forest governance in Uganda. Poor governance is one of the main reasons for the decline of forest resources. This thesis is from a study that looked at land use and forestry governance in parts of central Uganda. The research aimed at examining the policy, legislative and institutional framework for land use and forestry governance in Uganda. According to the study there is a strong institutional and legal framework for forestry governance in Uganda. The Forestry Policy, 2001, provides for most of the requirements of good forest governance, but implementation still leaves a lot to be desired. The forestry policy is rooted in the Constitution of Uganda (1995) and the subsequent amendment in 2005. The legal framework provides a good basis for responsible forest management but the extent to which the policy is implemented and the laws enforced affects the responsible forest management spirit. The study noted that in spite of the good policies and laws, forest crime has continued to increase. The study also noted that there are a number of stakeholders and actors ranging from households, government institutions (both central and local government), civil society organizations, all engaging in diverse efforts to ensure that all Ugandans have access to land. The study also noted that efforts are being made to protect, restore, afforestate, or rehabilitate the degraded forests, but degradation persists. The actors have and stakeholders have individually or jointly undertaken forest management on privately owned, communally owned and government owned land. The study also noted that there exists some level of disparities in capabilities, degree of organization, knowledge and the manner in which these stakeholders are mobilized to persue common interests, The study recommended that the government works towards improving implementation of this framework in its quest for sustainable management of its forests. At organizational level, there is need to continue building the capacities of the institutions responsible for forestry and those which provide support services so that they are able to halt the decline of forest cover in Uganda, and translate the policies and plans into sustainable land use and forest management.
An Examination of the Legal, Institutional and Social Aspects of Oil Exploration in Uganda.
(Kampala International University, School of law, 2011-10) Mpagi, Alosious Zorozi
Uganda oil discoveries gain Uganda a lot on the world map when commercial quantities of oil were reported in the Albertine Graben in the western Arm of the great East African Rift Valley. Preparations were made to get revenues from the discoveries and contracts were signed with the Tullow Oil Company and Heritages Oil Company, Gas Ltd and Dominion Petroreum limited which is presently enlisted in the London Stock Exchange for the exploitation, development and production of the oil. In the year 2008, the National Oil and Gas policy was brought in force as a legal instrument to direct the activities. This was followed with the tabling of the petroleum exploration. Development production and value addition bill of 2010 as part of the legal oil require. With all such development the relevant picked up the interest to undertake a study under the title “An Examination of the Legal Institutional and Social Aspects of Oil Exploration in Uganda”. This study fundamentally examines whether the legal and the institutional frame works available or trapped to be brought in force shall enable Uganda avoid the resources curse commonly known the ‘~Dutch Disease” and harmonize the social aspects through oil exploration production and development of the oil sector. Throughout this study the researcher employed numerous research techniques, methodologies and philosophies in a bid to collect relevant information for the research. All that was relived upon under the methodology of resource was fully expounded under Chapter One of the research where in, the researcher gave vi Information on the history & Uganda oil discoveries the related literature on oil production and exploitation among others. The research further expands Uganda’s history and background information In relation to oil exploration, the journey under taken and future Implication of oil exploration not only to the people who are predominantly Banyoro, But also the entire population of Uganda.
An Examination of the Application of International Humanitarian Law During Internal Armed Conflict: Study of Rwanda 1990-1994 Armed conflict
(Kampala International University, School of law, 2011-10) Gahongayire, Donatille
All in all, armed conflicts, whether international or non international; confront humanity every day with cruelty suffering, death, and destruction of property which have nothing to do with military objectives, and there is no doubt that the same thing took place in Rwanda during the 1990 — 1994 armed conflict. The problem this study therefore seeks to address is what law was applicable during the 1990-1994 Rwandan conflict and why the principles of humanitarian law were not observed by the Parties involved in that conflict. In a nutshell, international humanitarian law was violated. This law was seen to be violated from 1990 when the Tutsi exiles, based in Uganda, launched an attack on Rwanda government and the government instead directed reprisals to civilians which were contrary to International Humanitarian law. Therefore the massacres which occurred in Rwanda between 1990—1994 had a specific objective namely; the extermination of the Tutsi who were targeted especially because of their Tutsi origin and not because they were RPF fighters. Last, though not the least, the 1990 — 1994 armed conflict in Rwanda was not international in nature. The specific international humanitarian law rules applicable to this conflict were common Article 3 to the four Geneva conventions and Additional Protocol II. It is actually true that, there has been some progress in the realisation and recognition of International Humanitarian Law in the Rwandese society. The establishment of International Criminal Tribunal for Rwanda to try persons accused of grave breaches of IHL, particularly of common article 3 to the four Geneva Convention and Additional Protocol II, and creation of Gacaca Court, also evidence the progress in realization and recognition of the International Humanitarian Law.
Mercenary or army: private military companies in legal parlance
(Kampala International University. School of law, 2011-10) Ojwang’, David Otieno
Much has been said about the pros and cons of out-sourcing of military services by governments in times of international armed conflicts from various perspectives, like the economic sociopolitical etc. the current discourse is just a mere continuation of the debate though from a legal perspective. What makes this study unique is the approach, where the starting point is the existing regime and the origin of the private military industry, unlike other studies which tend to be futuristic giving PMCs cloak of legality rightly or wrongly so. Hence, focusing much on what the industry can do or cannot do, and ultimately how it can be regulated rather than looking at the legality in view of the legal provisions in force.Thus, much debate on Private Military Companies has often by-passed the existing regime or treated it as a non issue, and by extension the general assumption that private military companies operate in a legal grey zone. It is important to note that despite the introduction of this new player no single law has been changed in this regard, and it is only upon examining the current legal provisions that their legal status clearly comes out. The existence in a purported legal vacuum which to some extent is by design has left the industry unaccountable and unregulated leading to grave human rights abuses by its personnel hence the current discourse. The foregoing being the parameters of the study, the objectives included; i) To assess the international legal regime governing PMCs. ii) To establish state responsibility in times of conflict of international character. iii) Todetermine whether PMCs are adequately regulated under both international law and IHL. iv) to assess the legal effects of PMC operations. v) To examine whether security may be contracted. The study found that under the existing regime governing international armed conflicts PMCs are illegal and any attempt at regulating the industry is an exercise in futility. The discourse also attempted to streamline the debate which has been lopsided in favour of PMCs from how non-state actors should use force to whether they should be allowed to use force. Hence, recommended that PMCs should be banned from international armed conflicts.
Uganda’s compliance with the right to health in selected health facilities in Kampala
(Kampala International University, School of Law, 2011-10) Julieth, Tumwebaze
The purpose of the study was to explore Uganda’s compliance with the right to health in the health care facilities in Kampala, Uganda in relation to International law. The objectives were: to establish organizational factors that influence observance of patients’ right to health, to determine patients’ satisfaction with the health care services provided at the Kampala public health facilities in light of the right to health and to explore the extent to which the health facilities in Kampala observe the right to health. The study adopted qualitative and quantitative design. The research population was 95,177 and a sample of 110 was used including 40 health workers and 70 patients. Purposive and simple random sampling methods were used in selecting the respondents. Survey interviews were used to gather the required data while content analysis of relevant written documents was used to enrich the study. Findings indicated that the organizational factors that affect the observance of the right to health include communication on issues regarding the right to health, management related aspects such as support supervision, motivation and welfare of workers and finally occupational safety of the workers. These factors were found to be having a big influence on the observance of the right to health in health facilities of Kampala Capital City Authority. And the public health facilities in Kampala are fairly contributing to the achievement of the Right to Health despite the shocks caused by certain challenging issues such as corruption and misappropriation of resources. The study recommends that the government needs to take keen interest in developing procedures and strengthening of the systems and structures meant to safeguard the resources set aside for promoting the right to health.
An examination of the legal, institutional and social aspects of oil exploration in Uganda
(Kampala International University, College of Humanities and Social Sciences, 2011-10) Mpagi, Alosious Zorozi
Uganda oil discoveries gain Uganda a lot on the world map when commercial quantities of oil were reported in the Albertine Graben in the western Arm of the great East African Rift Valley. Preparations were made to get revenues from the discoveries and contracts were signed with the Tullow Oil Company and Heritages Oil Company, Gas Ltd and Dominion Petroreum limited which is presently enlisted in the London Stock Exchange for the exploitation, development and production of the oil. In the year 2008, the National Oil and Gas policy was brought in force as a legal instrument to direct the activities, This was followed with the tabling of the petroleum exploration. Development production and value addition bill of 2010 as part of the legal oil require. With all such development the relevant picked up the interest to undertake a study under the title “An Examination of the Legal Institutional and Social Aspects of Oil Exploration in Uganda”. This study fundamentally examines whether the legal and the institutional frame works available or trapped to be brought in force shall enable Uganda avoid the resources curse commonly known the “Dutch Disease” and harmonize the social aspects through oil exploration production and development of the oil sector, Throughout this study the researcher employed numerous research techniques, methodologies and philosophies in a bid to collect relevant information for the research. All that was relived upon under the methodology of resource was fully expounded under Chapter One of the research where in, the researcher gave
The applicability of the principle of Non-Refoulement in refugee treatment in Rwanda
(Kampala International University, School of Law, 2011-10) Gakuru, Godfrey
The study set out to assess the applicability of the principle of non-refoulement in refugee treatment in Rwanda. This was guided by specific research objectives, which were thematically formulated around issues pertinent to refugee operation and rights such as: Rwanda’s legal and policy framework for dealing with refugees; standard of treatment accorded to refugees; refugee safety in post conflict Rwanda; the role of the international community in responsibility sharing in refugee operations, and better practice. To examine these issues, mainly qualitative methods were applied for data collection, presentation, analysis and interpretation. Particularly, the study employed a hermeneutic or interpretive inquiry based-on documentary review for data collection. The data collected was analysed and presented in form of a written report using qualitative or interpretive analysis techniques such as open and axial coding processes. Accordingly, the study reveals that Rwanda’s Legal framework and policy for refugees are not enabling enough for considerate treatment of refuges in conformity with international and regional expectations. Notwithstanding some positive gestures in refugee operations, refoulement practices in the post conflict Rwanda despite increasing stable peace have become a tradition rather than an exception. Failure of the domestic legal and administrative systems to guarantee respect of international standards makes the post conflict Rwanda not safe enough for refugees and indirectly accountable for the sporadic refugee treatment practices. The contribution of the international community to refugee operation in Rwanda cannot be underrated, given its support especially through multinational organisations and institutions like the UNHCR and WFP, but there is still need for more considering the refugee situation in the Great Lakes region and Rwanda in particular. It was deduced; overall no single excuse outlives the fundamental right of a refugee to non-refoulement Rwanda, UNHCR and the international community at large have a crystal-clear responsibility to ensure that under no circumstances should refugee rights be jeopardized. It was observed that the interests of Rwanda as a sovereign state and host country can be harmonized with the rights of refugees much better buy adopting the doctrine of cessation.
Uganda’s compliance with the right to health in selected health facilities in Kampala:
(Kampala International University, College of Humanities and social sciences., 2011-10) Julieth, Tumwebaze
The purpose of the study was to explore Uganda’s compliance with the right to health in the health care facilities in Kampala, Uganda in relation to International law. The objectives were: to establish organizational factors that influence observance of patients’ right to health, to determine patients’ satisfaction with the health care services provided at the Kampala public health facilities in light of the right to health and to explore the extent to which the health facilities in Kampala observe the right to health. The study adopted qualitative and quantitative design. The research population was 95,177 and a sample of 110 was used including 40 health workers and 70 patients. Purposive and simple random sampling methods were used in selecting the respondents. Survey interviews were used to gather the required data while content analysis of relevant written documents was used to enrich the study. Findings indicated that the organizational factors that affect the observance of the right to health include communication on issues regarding the right to health, management related aspects such as support supervision, motivation and welfare of workers and finally occupational safety of the workers. These factors were found to be having a big influence on the observance of the right to health in health facilities of Kampala Capital City Authority. And the public health facilities in Kampala are fairly contributing to the achievement of the Right to Health despite the shocks caused by certain challenging issues such as corruption and misappropriation of resources. The study recommends that the government needs to take keen interest in developing procedures and strengthening of the systems and structures meant to safeguard the resources set aside for promoting the right to health.
Environmental rights violations in the mineral resource sector of Karamoja sub region of Uganda
(Kampala International University, School of Law, 2011-10) Basajabalaba, Jalia
It is reported that many people’s environmental rights are being violated daily. It continues to be a heavy drag on man’s efforts to advance agriculture and pastoralism. The evolution of environmental rights in the mining sector saw the enactment of legislation specifically to protect the interests of the Indigenous people in the mining sector but this has not been mostly followed. The protection of environmental rights has evoked emotions and debates especially when it comes to protection of the environment. The discussion gives the impression that there have been gross violations of environmental rights in the mining sector of Karamoja region. The critical issue here dwells on the controversy between the need to protect environmental rights even when the environment is threatened. Reference is made to the central research question of what is the impact of mining on environmental rights in Karamoja sub region? This study has analyzed the international and national environment legal regime and its implication on environmental rights in the study area. The study used both primary, secondary data and qualitative research methodology and found that the question of environmental rights violations has had a long history and has remained controversial in Uganda and Karamoja in particular. Despite this, there is need for Uganda to join the Extractive Industries Transparency Initiative (EITI), which promotes good governance, transparency and accountability in the natural resources sector, respect the rule of law, amend the law and respect the rights of the indigenous population of Karamoja mining sector. Once this is done, environmental rights violations will lessen and sustainable development will be achieved.
The applicability of the principle of non-refoulement in refugee treatment in Rwanda
(Kampala International University, School of Law, 2011-10) Gakuru, Godfrey
The study assessed the applicability of the principle of non-refoulement in refugee treatment in Rwanda. This was guided by specific research objectives, which were thematically formulated around issues pertinent to refugee operation and rights such as: Rwanda’s legal and policy framework for dealing with refugees; standard of treatment accorded to refugees; refugee safety in post conflict Rwanda; the role of the international community in responsibility sharing in refugee operations, and better practice. To examine these issues, mainly qualitative methods were applied for data collection, presentation, analysis and interpretation. Particularly, the study employed a hermeneutic or interpretive inquiry based-on documentary review for data collection. The data collected was analyzed and presented in form of a written report using qualitative or interpretive analysis techniques such as open and axial coding processes. Accordingly, the study reveals that Rwanda’s Legal framework and policy for refugees are not enabling enough for considerate treatment of refuges in conformity with international and regional expectations. Notwithstanding some positive gestures in refugee operations, refoulement practices in the post conflict Rwanda despite increasing stable peace have become a tradition rather than an exception. Failure of the domestic legal and administrative systems to guarantee respect of international standards makes the post conflict Rwanda not safe enough for refugees and indirectly accountable for the sporadic refugee treatment practices. The contribution of the international community to refugee operation in Rwanda cannot be underrated, given its support especially through multinational organizations and institutions like the UNHCR and WFP, but there is still need for more considering the refugee situation in the Great Lakes region and Rwanda in particular. It was deduced; overall no single excuse outlives the fundamental right of a refugee to non-refoulement. Rwanda, UNHCR and the international community at large have a crystal-clear responsibility to ensure that under no circumstances should refugee rights be jeopardized. It was observed that the interests of Rwanda as a sovereign state and host country can be harmonized with the rights of refugees much better buy adopting the doctrine of cessation
A critique of the law relating to protection of internally displaced persons: a case study of Rwanda between 1990 -2010
(Kampala International University, School of Law, 2011-10) Rehma, Issa
This chssertation analyses the laws related to the internal displacement problemduring armed conflicts. The thesis analyses the problem of IDPs in the Rwandan genocide since the problem of internally displaced persons is crucial for building peace, The laws related to IDPs during armed conflicts are not only important for creating incentives for them to return home, but also for generating the means to re-establish their lives elsewhere, i.e., to resettle and reintegrate.The methodology followed in this dissertation is the traditionalist approach that allowed for the subjective interpretation of issues derived from observance of history and law from other reports and relevant documents. The main focus stays on the legal framework. Through the various reports of The Rwandan Government and various Non Governmental Organizations and International bodies, the issue of IDPs in relation to property administration, repossessions, reconstruction and resettlement were researched. The results of the study show that the government of Rwanda has no sufficient laws governing the general issues of IDPs though a lot of efforts have been put in place to ensure the villagisation of these IDP5. The results further indicate that laws related to property rights are an important determinant of IDPs return and resettlement. A more detailed analysis of the IDPs in Rwanda uncovers the endogenous variables affecting IDPs in Rwanda
The protection of the rights of women refugees in Kampala, Uganda
(Kampala International University,School of Law, 2011-10) Barike, Mazrul Ali
This study explores the social construction of women refugees from the perspective of their human rights. To this end, this study examines the development of women refugees’ rights as a category within the human rights discourse. The main assumption of the study is that promoting and improving refugee women’s sexual, reproductive health and other rights in Uganda will contribute to their livelihood security in camps. Refugee women’s special needs are particularly related to the background of forced migration and their situation in the host country. In this context, the study looks at the vulnerability of women refugees and identifies barriers that prevent them from getting access to affordable and acceptable sexual or reproductive health and other services. Refugee health is not only a public health and human rights issue, but is also recognized as an important factor for integration. The study also looks at the legal framework for the protection of refugee women’s rights and makes findings as to whether the implementation policy has been beneficial to them. Important to note, is the rights based approach that should be observed in
Poverty and nw/aids as determinars of child labour in Uganda
(Kampala International University.School of Law, 2011-11) Carolyne Martha, Nakisuyi
The most recent study of child labour in Uganda of 2008 by Ugarda Bureau of Statistics (UBOS) findings Point out several factors including gerder. Age parents education status, household income place of residence, being an orphan, exposure to shocks and being internally displaced persons (IDPs) as determinants of child labour. The study fails to link child labour to poverty eradication and HIV. Hence, the study undermines both poverty and Human Immune Virus/Acquired immune Deficiency Syndrome (HIV/AIDS) as child labour causes. For instance, while it talks about household incomes as cause’s child labour, it does not link it to poverty despite being equipped with the World Bank’s definition of poverty of inability to earn at least US $1 per day. While the study points out that child labour are linked to region of origin, it does not link child labour to poverty. This study attempted to investigate two relationships: Deficiency Syndrome (HIV/AIDS) and child labour, Poverty was measured as living in the rural areas (poor) and while being rich was approximated by living in the urban areas (rich) on one hand. Child labour was measured using the number of children below the age of 18 who were working. The data used was the Uganda National Household Survey (UNHS) 2005/6. The chi-square results indicate existence of a relationship between poverty and child labour but no similar relationship is found between HIV/AIDS and child labour in Uganda. The study made a contribution not only by linking child labour to poverty and HIV pandemic but also in methodology used in terms of adding new measurements and method of analysis not used in the Uganda Bureau of Statistics (UBOS) study. The recommendations include 1) integrate child labour in development programmes, 2) making child memory books, 3) generate district child labour banks, 4) lobby government to increase government funding to the Ministry of GLSD, 5) Implement and enforce Child Labour Policy, 6)Enhance Child Participation in policy making, implementation and enforcement issues related to children 7) Advocate for a triple combination of nevirapine to pregnant women 8) lobby government and donors top priorities contraceptIon to stop unwanted pregnancies.

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