"The writing of constitutions in Africa in the 1990s seems to have become fashionable after years of political wilderness following decades of one-party rule, military dictatorships and no-party regimes. African states engaged in the process of crafting new and democratic constitutions in search of democratic and legitimate governance based on the free will of the peoples, and to foster democratic traditions. Transition to democracy is a sacred undertaking, the challenge of which is to develop constitutional and institutional mechanisms in the hope of building viable and durable democratic values and practices that would guarantee political stability, peaceful and orderly change of government, the rule of law and the complete respect for human rights. Constitution-making must be seen as a means of bringing peace and creating a stable and prosperous African continent where the people take charge of the governance and their political and economic destiny in complete freedom. This study inquires into the extent to which this goal has been achieved, with particular reference to Swaziland and Uganda. Swaziland is the only absolute monarchy in the Southern Africa region after Lesotho adopted a democratic constitution in 1993, with the King becoming a constitutional monarch. Uganda has been operating under the Movement Political System (MPS) that, until recently, did not allow free political activity. ... The study is divided into five chapters. Chapter 1 focuses on the circumstances (context) and gives an overview of the organizational structure. Chapter 2 deals with the concepts and basic principles of constitutionalism, democracy, and human rights. Chapter 3 scrutinises the legislative mechanisms that set the process in motion and how the constiutional mandate was executed. The chapter considers the effect of the enabling legislation on ratification and implementation of the rights enshrined in the African Charter. It also looks at the role of civil society in influencing the process. To a limited extent, a comparative case study of other processes in Africa, especially the South African and Zambian experiences, is made. Chapter 4 is a discussion of human rights instruments providing for the right to participate; article 13 of the African Charter, article 25 of the International Covenant on Civil and Political Rights (ICCPR) as well as article 21 of the Universal Declaration of Human Rights (UNDHR). A discussion of the content and meaning of the right to participate in international law is made, focusing on the jurisprudence of the African Commission on Human and Peoples' Rights, as well as the jurisprudence of the Human Rights Committee (HRC). Chapter 5 is conclusions and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Peace and Human Rights Centre, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Critically examines the regulation of media through the Press and Journalists Act in Uganda. Also makes a comparative analysis of different forms of media regulation in other jurisdictions and recommends best practices which might be useful for Uganda / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Frederick Jjuuko, Faculty of Law Makerere University Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The problem of displacement remains formidable, especially in Africa. It is exacerbated by Afirca's continuous conflicts and bad policies that are taken and effected in the name of development. Women and children remain the worst victims of internal displacement. This is so because in real life, women and children are vulnerable. Thus adding on internal displacement is too much for them. There is still no international enforceable mechanism by which the protection of the rights of internally displaced persons (IDPs), and in particular women and children, can be ensured. This leaves such rights at the mercy of the states within which the internal displacement occurs. ... Chapter 2 will comprise of analysis of who an IDP is and the magnitude of the problem of internal displacement in Uganda and the DRC. This will also entail identification of the causes of internal displacement in both countries. Chapter 3 will identify and critically analyse the rights of women and children as IDPs. This analysis will focus on the conditions prevailing in Uganda and the DRC. Chapter 4 will come up with detailed and comprehensive recommendations as to what can be done to attain the acknowledgement, protection and enforcement of the rights of women and children that arise out of internal displacement. Chapter 5 will have a suitable conclusion to the study. It will show whether the findings of the study prove its hypotheses." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. Jean-Didier Boukongu and Dr. Atangcho Ndji Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The author addresses the following objectives: (1) Examines whether a state can withdraw a case upon which an indictment has been made by the International Criminal Court (ICC) (2) Determine and elucidate on the circumstances under which a referral can be withdrawn from ICC jurisdiction. (3) Clarifies whether a referral can be withdrawn if the referring state develops mechanisms for domestic trial of relevant ICC crimes / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr.Atangcho Akonumbo, Faculté des Sciences Sociales et de gestion, Université Catholique d’Afrique Centrale, Yaoundé Cameroun / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Thesis (MPhil (Rehabilitation)--University of Stellenbosch, 2011. / ENGLISH ABSTRACT: Research evidence suggesting the link between disability and poverty has been increasing at an alarming rate in recent years. Despite this, there has been very little attention to ensuring representation and inclusion of people with disabilities in poverty reduction processes. However, disability movements and their partners have been increasing pressure to ensure that people with disabilities effectively participate in the development of national development plans targeting poverty reduction. The aim of this qualitative study was to analyze the extent to which the human rights-based approach can be used as an advocacy tool for mainstreaming disability in the national development processes targeting poverty reduction in Uganda. The study was conducted in Kampala and Kiboga districts, and data were gathered between August and October 2009. Key informant interviews and focus group discussions were used for data collection. Eleven participants were purposively selected to participate in key informant interviews. Using these key informants, the snowballing technique was used to identify twenty people that participated in the two focus group discussions, with each having ten participants. A thematic content analysis was used to analyze data, and this involved coding and cataloguing data into emerging themes and subthemes. The study established that despite several legal frameworks in Uganda, disability mainstreaming is still far from being achieved. Translation of policies into practice was identified as a major challenge, making it difficult for people with disabilities to be meaningfully involved in poverty reduction processes. Negative attitudes and misconception of disability by both policy makers and civil society, were also seen to be contributing to the exclusion of people with disabilities in poverty reduction processes and programmes. Lack of capacity and meaningful political representation of disabled people seem to negatively impact on effective participation, monitoring and evaluation of the poverty-reduction processes in Uganda. The study recommends the need to strengthen capacity and advocacy work among people with disabilities and their promoters to ensure their effective participation and inclusion of disability in the national development agenda. It further recommends the need to adopt the human rights-based approach in any development initiative, ensuring disability mainstreaming in policies and the national development plan, in order to effectively address poverty reduction in Uganda. The researcher also challenges disability and development researchers to engage in more wider-scale studies in order to establish more evidence on the need to adopt the human rights-based approach to national development. / AFRIKAANSE OPSOMMING: Navorsingsbewyse wat dui op ‟n verband tussen gestremdheid en armoede het in die afgelope jare onrusbarend toegeneem. Ten spyte hiervan is daar baie min aandag gegee om seker te maak dat gestremde mense by die armoedeverligtingsprosesse verteenwoordig en ingesluit word. Bewegings vir gestremde mense, asook dié bewegings se vennote, het egter al hoe meer druk begin uitoefen om seker te maak gestremde mense neem doeltreffend deel aan nasionale ontwikkelingsplanne wat op armoedeverligting gemik is. Die doel van hierdie kwalitatiewe studie was om te ontleed in watter mate die menseregtebenadering gebruik kan word as ‟n instrument om voorspraak te maak vir die hoofklem wat gestremdheid moet ontvang in die nasionale ontwikkelingsprosesse wat op armoedeverligting in Uganda gemik is.

This research seeks to demonstrate the need for alternative forms of sentencing in the Uganda criminal justice system with a specific focus on the use of community service. Approaching community service as a child protection strategy in sentencing parent offenders would be a positive step in addressing issues of child neglect and attendant problems. The study seeks to: (1) Analyse the impact of parental incarceration on children (2) Make a specific inquiry into the use of community service orders as an alternative to imprisonment in Uganda (3) Illustrate that approaching community service as a child protection strategy in sentencing parent offenders would be a positive step in addressing issues of child neglect and attendant problems (4) Make recommendations for a new course of action that will highlight and be aimed at preventing the abuse of children / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2008. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho Nji Akonumbo, Université Catholique D’Afrique Centrale Yaoundé Cameroun / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This research seeks to establish a methodology by which transitional justice strategies ought to be incorporated within the International Criminal Court (ICC) framework. The study is based on the situation in Uganda as an example of the state that has a situation and cases before the ICC. The aim of the thesis was achieved through the adoption of a combination of theoretical legal research and the non -doctrinal approaches. This research establishes that the primary responsibility to prosecute persons suspected of violating international law lies with the states. The importance of the concept of individual criminal responsibility, the idea that every person suspected of committing the most serious offences must be held accountable regardless of status. The principle of individual criminal responsibility is further developed with the creation of the ICC. This research clarifies that there are limitations in terms of what prosecutions can achieve during transitional periods; further, that trials in the ICC and national courts can be undertaken together with proceedings of the Truth and Reconciliation Commissions or indigenous mechasims. Such an approach will allow for confines of prosecutions to be addressed. Despite the existence of principles and institutional framework that are intended to ensure individuals are held accountable for the most serious offences of international concern, the majority of individuals are not held accountable. In order for the ICC to operate effectively it would need to seek to go beyond deterrence and retribution. This would require post – conflict states to devise transitional arrangements that compel with the ICC structure. Thus the research recommends that it would be better for judicial and non- judicial measures to be adopted in states that have cases before the ICC. Particularly Uganda must adopt the mato oput method formally as a tool to address the past human rights abuses in Uganda. All persons regardless of whether they have been granted amnesty or not must be held accountable under the mato oput measures. This implies all persons with exception to those that the ICC has issued the warrants of arrest against. / Public, Constitutional and International Law / LL. D.