The effect of public order management act 2013 on constitutionalism & rule of law in Uganda
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Date
2019-06
Authors
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Journal ISSN
Volume Title
Publisher
Kampala International University, School of Law
Abstract
The Public order Management Act Came into force on 2nd October 2013, ever since its enactment it was followed by a lot of protests and criticisms. The scenes have been as many as they have been predictable. Some people declared that they would exercise their right to freedom of assembly and demonstration unhindered as reported. The POMA was enacted to provide a regulatory framework for public assemblies. It however gives wide discretionary powers to the Uganda Police Force to deny and disperse any assemblies. It controls rather than regulates assemblies when it subjects free expression to the whims of the Inspector General of Police to determine whether people as individuals or collectively as associations can freely exercise the freedom of expression. ll goes beyond to control the content of the meeting or gathering discussions on polities or examining the performance of the elected government, not least its failures. The law contravenes Articles 20 (I) (2) and 29 (I) (d) of the Constitution of the Republic of Uganda for its provisions reverse a Constitutional Court ruling which repealed sections 32 (2) of the Police Act that granted the police powers to prohibit public assemblies arid processions in the case of Muwanga Kivumbi vs Attorney General. The public international law respects state sovereignty and leaves some room for acting as the state may think tit; in other words, there are some critical issues, which fall within the state's sole discretion. All treaty bodies established to supervise the fulfillment of commitments undertaken by the State take into consideration the background in which a particular measure is employed and respect various needs that do not prejudice the human rights protection, a major concern of all civilized nations.
This approach acknowledged in the international law is manipulated by the States on various occasions, as they tend to mask their real intentions under the cover of certain legitimate aims.
Despite a number of solutions put in place and provisions by both the Constitution and other international legislations, the police and other stakeholders are still violating the right to liberty in the country, this research highlights various recommendations to the recommended bodies in order to exercise the right to liberty in Uganda.
Description
A Research Report Submitted to the School of Law in Fulfillment of the Award of the Bachelor of Laws at Kampala International University
Keywords
Public order management act 2013, Constitutionalism, Uganda, Rule of law