A critique of the law relating to freedom of expression in Uganda

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Date
2014-09
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Publisher
Kampala International University, Colleges of Humanities and Social sciences
Abstract
This research analyzed the right to freedom of expression in Uganda; it begins by stating that Human rights are classified into four generations that is to say the first, second, third and fourth. Freedom of expression originates from the first-generation rights which encompass all civil and political rights set forth under the Universal Declaration of Human Rights (1948). This right entails freedom of thought, conscience and religion; freedom of opinion and expression; freedom of peaceful assembly and association; the right of all to take part in the government of their country; equal access to public services; and, periodic and genuine elections. Its further analysis the enjoyment of this right from the period of pre-Colonial Freedom of expression was greatly suppressed as evidenced by various legislations inform of Ordinances passed at that time for example, the Newspapers Surety Ordinance No. 9 of 1910, the Press Censorship Ordinance No. 4 of 1915, introduced by Sir Frederick Jackson, to protect British information. The Press Censorship and Publications Act was passed in 1949. Constitutionally the origin of right to freedom of expression dates back to the 1962 Constitution The second Obote Government passed The Newspaper and Publications (Prohibition) Order, 1981, No. 4 (March 11, 1981), No. 5 (March 25,1981), and No. 48 (September 18, 1981). under the bill of rights there are a number of laws that have a direct impact on freedom of expression this include the Penal Code Act (CAP 120) of the laws of Uganda, the Anti-Terrorism Act of 2002, the Access to Information Act 2005, under the current regime freedom of expression is provided for under article 29 of the 1995 Constitution of the laws of Uganda. And other Acts of parliament discussed therein. The purpose of the study was to examine freedom of expression, its legal frame work, its nature and the legitimate limitations both under international law and national and it found out that freedom of expression is not absolute its enjoyment is subject to some legitimate limitations discussed in the research there in after research, the main objective was to analysis the effectiveness of the laws protecting the right to freedom of expression in Uganda. According to the purpose of this study the design that was adopted was desk legal research meaning the research was conducted using the library materials the researcher used both primary source and secondary source. The primary sources that the researcher used included International Human Rights laws, Constitutional and other laws of the Republic of Uganda. The secondary sources that the researcher used include the available literature on the right to freedom of expression such as books, articles, papers, reports and journals by visiting libraries and internet websites. Also, the study adopted qualitative methodology a method of looking at things ‘holistically and comprehensively, to study it in its complexity and to understand it in its context”.
Description
A thesis presented to the school of postgraduate studies and research Kampala International University Kampala, Uganda in partial fulfillment of the requirements for the degree LLM in public international Law
Keywords
Law, Freedom of expression, Uganda
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