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CONSTITUTIONAL LAW
OF

UGANDA

Full Text

UGANDA

THE COSTITUTION OF THE REPUBLIC OF UGANDA 1995

 

THE PREAMBLE

WE THE PEOPLE OF UGANDA:

Recallingour history which has been characterised by political and constitutional instability;

Recognisingour struggles against the forces of tyranny, oppression and exploitation;

Committedto building a better future by establishing a socio-economic and political order through a popular and durable national Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress;

Exercisingour sovereign and inalienable right to determine the form of governance for our country, and having fully participated in the Constitution-making process;

Notingthat a Constituent Assembly was established to represent us and to debate the Draft Constitution prepared by the Uganda Constitutional Commission and to adopt and enact a Constitution for Uganda:

Do Hearby, in and through this constituent Assembly solemnly adopt, enact and give to ourselves and our posterity, this Constitution of the Republic of Uganda, this 22nd day of September, in the year 1995.

FOR GOD AND MY COUNTRY

NATIONAL OBJECTIVES AND DIRECTIVE PRINCINPLES OF STATE POLICY


General.

I. Implimentation of objectives.

(i) The following objectives and principles shall guide all organs and agencies of the State, all citizens, organisations and other bodies and persons in applying,or interpreting the Constitution or any other law and in taking and implementing any policy decisions for the establishment and promotion of a just, free and democratic society.

(ii) The President shall report to Parliament and the nation at least once a year, all steps taken to ensure the realisation of these policy objectives and principles.

Political Objectives.

II. Democratic principles.

(i) The State shall be based on democratic principles which empower and encour age the active participation of all citizens at all levels in their own governance.

(ii) All the people of Uganda shall have access to leadership positions at all levels, subject to the Constitution.

(iii) The State shall be guided by the principle of decentralisation and devolution of govemmental functions and powers to the people at appropriate levels where they can best manage and direct their own affairs.

(iv) The composition of Government shall be broadly representative of the national character and social diversity of the country.

(v) All political and civic associations aspiring to manage and direct public affairs shall conform to democratic principles in their intemal organisations and practice.

(vi) Civic organisations shall retain their autonomy in pursuit of their declared objectives.

III. National unity and Stability.

(i) All organs of State and people of Uganda shall work towards the promotion of national unity, peace and stability.

(ii) Every effort shall be made to integrate all the peoples of Uganda while at the sametime recognising the existence of their ethnic, religious, ideological. political and cultural diversity.

(iii) Everything shall be done to promote a culture of co-operation. understanding, appreciation, tolerance and respect for each other's customs, traditions and beliefs.

(iv) There shall be established and nurtured institutions and procedures for the resolution of conflicts fairly and peacefully.

(v) The State shall provide a peaceful, secure and stable political environment which is necessary for economic development.

IV. National Sovereignty, Independence and Territorial Integrity.

(i) The State and citizens of Uganda shall at all times defend the independence, sovereignty and territorial integrity of Uganda.

(ii) The State and citizens of Uganda shall endeavour to build national strength in political, economic and social spheres to avoid undue dependence on other countries and institutions.

(iii) The State shall endeavour to mobilise, organise and empower the Ugandan people to build independent and sustainable foundations for the development of Uganda.

Protection and Promotion of Fundamental and other Human Rights and Freedoms.

V. Fundamental and Other Human Rights and Freedoms

(i) The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting hurnan rights by providing them with adequate resources to function effectively.

(ii) The State shall guarantee and respect the independence of non-governmental organisations which protect and promote human rights.

VI. Gender Balance and Fair Representation of Marginalised Groups

The State shall ensure gender balance and fair representation of maginalised groups on all constitutional and other bodies.

VII.Protection of The Aged

The State shall make reasonable provision for the welfare and maintenance of the aged.

VIII. Provision of Adequate Resources for Organs of Governement.

The distribution of powers and functions as well as checks and balances provided for in the Constitution among various organs and institutions of governrnent shall be supported through the provision of adequate resources tor their effective functioning at all levels.

IX. The Right to Development.

In order to facilitate rapid and equitable development, the State shall encourage private initiative and self-reliance.

X. Role of The People in Development

The State shall take all necessary steps to involve the people in the formulation and implementation of development plans and progrommes which affect them.

XI. Role of the State in Development

(i) The State shall give the highest priority to thc enactment of legislation establishing measures that protect and enhance the right of the people to equal opportuni ties in development.

(ii) The State shall stimulate agricultural, industrial, technological and scientific development by adopting appropriate policies and the enactment of enabling legislation.

(iii) In furtherance of social justice, the State may regulate the acquisition, ownership, use and disposition of land and other property, in accordance with the Constitution.

XII Balanced and Equitable Development

(i) The State shall adopt an integrated and co-ordinated planning approach.

(ii) The State shall take necessary measures to bring about balanced development of the different areas of Uganda and between the rural and urban areas.

(iii) The State shall take special measures in favour of the development of the least developed areas.

XIII. Protection of Natural Resources.

The State shall protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.

Social and Economic Objectives.

XIV. General Social and Economic Objectives.

The State shall endeavour to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure that-

(i) all developmental efforts are directed at ensuring the manimum social and cultural well-being of the people; and

(ii) all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work. decent shelter, adequate clothing, food security and pension and retirement benefits.

XV. Recognition of Role of Women in Society

The State shall recognise the significant role that women play in society.

XVI. Recognition of the Dignity of Persons with Disabilities.

Society and the State shall recognise the right of persons with disabilities to respect and human dignity.

XVII. Recreation and Sports. The State shall promote recreation and sports for the citizens of Uganda.

XVIII. Education Objectives.

(i) The State shall promote free and compulsory basic education.

(ii) The State shall take appropriate measures to afford every citizen equal opportunity to attain the highest educational standard possible.

(iii) lndividuals, religious bodies and other non-governrnental organisations shall be free to found and operate educational institutions if they comply with the general educational policy of the country and maintain national standards.

Protection of The Farmily.

The family is the natural and basic unit of society and is entitled to protection by society and the State.

XX.Medical Services.

The State shall take all practical measures to ensure the provision of basic medical services to the population.

XXI. Clean and Safe Water.

The State shall take all practical measures to promote a good water management system at all levels.

XXII. Food Security and Nutrition

The State shall-

(i) take appropriate steps to encourage people to grow and store adequate food;

(ii) establish national food reserves; and

(iii) encourage and promote proper nutrition through mass education and other appropriate means in order to build a healthy State.

XXIII.Natural Disasters.

The State shall institute an effective machinery for dealing with any hazard or dis aster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of the normal life.

Cultural Objectives.

XXIV. Cultural Objectives.

Cultural and customary values which are consistent with fundamental rights and freedoms, human dignity, democracy, and with the Constitution may be developed and incor porated in aspects of Ugandan life. The State shall-

(i) promote and preserve those cultural values and practices which enhance the dignity and well-being of Ugandans;

(ii) encourage the development, preservation and enrichment of all Ugandan languages;

(iii) promote the development of a sign language for the deaf; and

(iv) encourage the development of a national language or languages.

XXV. Preservation of Public Property and Heritage

The State and citizens shall endeavour to preserve and protect and generally promote, the culture of preservation of public property and Uganda's heritage.

Accuntability

XXVI. Accountability.

(i) All public offices shall be held in trust for the people.

(ii) All persons placed in positions of leadership and responsibility shall, in their work, be answerable to the people.

(iii) All lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.

The Environment.

XXVII. The Environment.

(i) The State shall promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations.

(ii) The utilization of the natural resources of Uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans; and in partcular, the State shall take all possible measures to prevent or minimise damage and destruction to lalld, air and water resources resulting from pollution or other causes

(iii) The State shall promote and implement energy policies that will ensure that people's basic needs and those of environmental preservation are met.

(iv) The State, including local governments, shall-

(a) create and develop parks, reserves and recreation areas and ensure the conservation of natural resources;

(b) promote the rational use of natural resources so as to safeguard and protect the bio-diversity of Uganda.

Foreign Policy Objectives.

XXVIII. Foreign Policy Objectives.

(i) The foreign policy of Uganda shall be based on the principles of-

(a) promotion of the national interest of Uganda;

(b) respect for international law and treaty obligations;

(c) peaceful co-existence and non-alignment;

(d) settlement of international disputes by peaceful means;

(e) opposition to all forms of dornination, racism and other forms of oppression and exploitation.

(ii) Uganda shall actively participate in international and regional organisations that stand for peace and for the well-being and progress of humanity.

(iii) The State shall promote regional and pan-African cultural, economic and political co-operation and integration.

Duties of a Citizen

XXIX. Duties of a Citizen

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen-

(a) to be patrotic and loyal to Uganda and to promote its well-being;

(b) to engage in gainful work for the good of that citizen, the family, the common good and to contribute to national development;

(c) to contribute to the well-being of the community where that citizen lives;

(d) to promote responsible parenthood;

(e) to foster national unity and live in harmony with others;

(f) to promote democracy and the rule of law; and

(g) to acquaint himself or herself with the provisions of the Constitution and to uphold and defend the Constitution and the law.

CHAPTER ONE

Sovereignity of the people

THE CONSTITUTION

1. ( 1) All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.

(2) Without limiting the effect of clause (I) of this article. all authority in the State emanates from the people of Uganda; and the people shall be governed through their will and consent.

(3) All power and aulhority of Government and its organs derive from this Constitution, which in turn derives its authority from the people who consent to be governed in accordance with this Constitution.

(4) The people shall express their will and consent on who shall govern them and how they should be governed. through regular, free and fair elections of their representatives or through referenda.

Supremacy of the Constitution

2. (1) This Constitution is the supreme law of Uganda and shall have binding force all authorities and persons throughout Uganda.

(2) If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of thc inconsistency, be void.

3. (1) It is prohibited for any person or group of persons to take or retain control of the Government of Uganda, except in accordance with the provisions of this Constitution.

(2) Any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this Constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law.

(3) This Constitution shall not lose its force and effect even where its observance is interrupted by a government established by the force of arms; and in any case, as soon as the people recover their liberty, its observance shall be re-established and all person who have taken part in any rebellion or other activities which resulted in the interruption of the observance, shall be tned in accordance w-ith this Constitution and other laws consistent with it.

(4) All citizens of Uganda shall have the right and duty at all times-

(a) to defend this Constitution, and in particular, to resist an,v person or group of persons seeking to overthrow the established constitutional order: and

(b) to do all in their power to restore this Constitution after it has been suspended, over thrown, abrogated or armended contrary to its provisions.

(5) Any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow. abrogation or arnendment of this Constitution commits no offence.

(6) Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be considered void from the time it was imposed and that person shall be taken to be absolved from all liabilities arising out of the punishment.

Promotion of public awareness of the Consititution

4. The State shall promote public awareness of this Constitution by-

(a) translating it into Ugandan languages and disseminating it as widely as possible; and

(b) providing for the teaching of the Constitution in all educational institutions and armed forces training institutions and regularly transmitting and publishing programmes through the media generally.

CHAPTER TWO

The Republic of Uganda

5. (1) Uganda is one Sovereign State and a Republic.

(2) Uganda shall consist of the districts specified in the First Schedule to this Constitution and such other districts as may be established in accordance with this Constitution or any other law consistent with it.

(3) The territorial boundary of Uganda shall be as delineated in the Second Schedule to this Constitution.

(4) The capital of Uganda is Kampala.

Official Language

6. ( 1) The official language of Uganda is English.

(2) Subject to clause (1) of this article, any other language may be used as a medium of instruction in schools or other educational institutions or for legislative, administrative or judicial purposes as may be prescribed by law.

Non-adoption of State religion.

7. Uganda shall not adopt a State religion.

National symbols and seals.

8. The National Flag, the National Coat of Arms, the Public Seal, the National Anthem and the seals of the Courts of Judicature in use immediately before the coming into force of this Constitution, shall continue to be in use.

CHAPTER THREE

CITIZENSHIP

Citizens of Uganda.

9. Every person who, on the commencement of this Constitution. is a citizen of Uganda shall continue to be such a citizen.

Citezenship by birth

10. The following persons shall be citizens of Uganda by birth-

(a) every person born in Uganda one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February. 1926 and set out in the Third Schedule to this Constitution; and

(b) every person born in or outside Uganda one of whose parents or grandparents was at the time of birth of that person a citizen of Uganda by birth.

Foundings and adopting children.

11. (1) A child of not more than five years of age found in Uganda, whose parents are not known, shall be presumed to be a citizen of Uganda by birth.

(2) A child under the age of eighteen years neither of whose parents is a citizen of Uganda, who is adopted by a citizen of Uganda shall, on application, be registered as a citizen of Uganda.

Citizenship by registration

12. (1) Every person born in Uganda-

(a) at the time of whose birth-

(i) neither of his or her parents and none of his or her grandparents had diplomatic status in Uganda; and

(ii) neither of his or her parents and none of his or her grandparents was a refugee in Uganda; and

(b) who has lived continuously in Uganda since the ninth day of October, 1962. shall, on application, be entitled to be registered as a citizen of Uganda-

(2) The following persons shall, upon application be registered as citizens of Uganda-

(a) every person married to a Uganda citizen upon proof of a legal and subsisting marriage of three years or such other period prescribed by Parliament:

(b) every person who has legally and voluntarily migrated to and has been living in Uganda for at least ten years or such other period prescribed by Parliament;

(c) every person who, on the commencement of this Constitution, has lived in Uganda for at least twenty years.

(3) Paragraph (a) of clause (2) of this article applies also to a person who was married to a citizen of Uganda who, but for his or her death, would have continued to be a citizen of Uganda under this Constitution.

(4) Where a person has been registered as a citizen of Uganda under paragraph (a) of clause (2)of this article and the marriage by virtue of which that person was registered is-

(a) annulled or otherwise declared void by a court or tribunal of competent jurisdiction; or

(b) dissolved,

that person shall, unless he or she renounces that citizenship, continue to be a citizen of Uganda.

Citizenship by naturalisation

13. Parliarment shall by law provide for the acquisition and loss of citizenship by naturalisation.

Loss of citizenship by registration.

14. A person may be deprived of his or her citizenship if acquired by registration, on any of the following grounds-

(a) voluntary acquisition of the citizenship of another country;

(b) voluntary service in the armed forces or security forces of a country hostile to, or at war with Uganda:

(c) acquisition of Uganda citizenship by fraud, deceit. bribery, or having made intentional and deliberate false statements in his or her application for citizenship; and

(d) espionage against Uganda.

Prohibition of dual citizenship.

15. (1) Subject to this article, a Uganda citizen shall not hold the another country concurrently with his or her Uganda citizenship.

(2) A citizen of Uganda shall cease forthwith to be a citizen of Uganda if, on attaining the age of eighteen years he or she, by voluntary act other than marriage acquires or retains the citizenship of a country other than Uganda.

(3) A person who-

(a) becomes a citizen of Uganda by registration; and

(b) upon becoming a citizen of Uganda, is also a citizen of another country, shall cease to be a citizen of Uganda unless he or she has-

(i) renounced his or her citizenship of that other country;

(ii) taken the oath of allegiance specified in the Fourth Schedule to this Constitution;

(iii) made and registered such declaration of his or her intentions concerning residence as may be prescribed by law; or.

(iv) obtained an extension of time for taking those steps and the extended period has not expired.

(4) A Uganda citizen who loses his or her Uganda citizenship as a result of the acquisition or possession of the citizenship of another country shall, on the renunciation of his or her citizenship of that other country, become a citizen of Uganda.

(5) Where the law of a country other than Uganda, requires a person who marries a citizen of that country to renounce the citizenship of his or her own country by virtue of that marriage, a citizen of Uganda who is deprived of his or her citizenship by virtue of that marriage shall, on the dissolution of that marriage, if he or she thereby loses his or her citizenship acquired by that marriage, become a citizen of Uganda.

National Citizenship and Immigration Board.

16.( 1) There shall be a National Citizenship and Immigration Board.

(2) The Board shall consist of a Chairperson and not less than four other persons, each of whom shall be of high moral character and proven integrity, appointed by the President with the approval of Parliament.

(3) The functions of the Board shall be prescribed by Parliament and shall include-

(a) registering and issuing national identity cards to citizens;

(b) issuing Uganda passports and other travel documents;

(c) granting and cancelling citizenship by registration and naturalisation;

(d) granting and cancelling immigration permits; and

(e) registering and issuing identity cards to aliens.

(4) The functions of the Board set out in paragraphs (a), (b) and (d) of clause (3) Duties of a citizen

17. (1) It is the duty of every citizen of Uganda-

(a) to respect the national anthem, flag, coat of arms and currency;

(b) to respect the rights and freedoms of others;

(c) to protect children and vulnerable persons against any form of abuse, harassment or ill-treatment;

(d) to protect and preserve public property;

(e) to defend Uganda and to render national service when necessary;

(f) to co-operate with lawful agencies in the maintenance of law and order;

(g) to pay taxes;

(h) to register for electoral and other lawful purposes;

(i) to combat corruption and misuse or wastage of public property; and

(j) to create and protect a clean and healthy environment.

(2) It is the duty of all able-bodied citizens to undergo military training for the defence of this Constitution and the protection of the territorial integrity of Uganda whenever called upon to do so; and the State shall ensure that facilities are available for such training.

Registration of births, marriages and deaths.

18. The State shall register every birth, marriage and death occurring in Uganda.

Citizenship of parent dying before birth of person.

19. ( 1 ) A reference in this Chapter to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death ot the death of parent, be construed as a reference to the citizenship of the parent at the time of the parent's death.

(2) For the purposes of clause (1) of this article, where the death occurred before the coming into force of this Constitution, the citizenship that the parent would have had if he or she had died on the coming into force of this Constitution. shall be taken to be his or her citizenship at the time of his or her death.

CHAPTER FOUR

PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS

General

Fundamental and other human rigths and freedoms.

20. (1) Fundamental rights and freedoms of the individual are inherent and not granted by the State.

(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.

Equality and freedom from discrimination.

21. (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.

(2) Wthout prejudice to clause(1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.

(3) For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.

(4) Nothing in this article shall prevent Parliament from enacting laws that are necessary for-

(a) implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or

(b) making such provision as is required or authorised to be made under this Constitution; or

(c) providing for any matter acceptable and demonstrably justified in a free and democratic society.

(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Constitution.

Protection of right to life.

22. (1) No person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a crirninal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court.

(2) No person has the right to terminate the life of an unborn child except as may be authorised by law.

Protection of personal liberty.

23. (1) No person shall be deprived of personal liberty except in any of the follow

(a) in execution of the sentence or order of a court, whether established for Uganda or another country or of an international court or tribunal in respect of a criminal offence of ~ hich that person has been convicted; or of an order of a court punishing the person for contempt of court;

(b) in execution of the order of a court made to secure the fulfilment of any obligation imposed on that person by law;

(c) for the purpose of bringing that person before a court in execution of the order of a count or upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of Uganda; fd) for the purpose of preventing the spread of an infectious or contagious disease;

(e) in the case of a person who has not attained the age of eighteen years, for the purpose of the education or welfare of that person;

(f) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of the care or treatment of that person or the protection of the community;

(g) for the purpose of preventing the unlawful entry of that person into Uganda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Uganda or for the purpose of restricting that person while being conveyed through Uganda in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or

(h) as may be authorised by law, in any other circumstances similar to any of the cases specified in paragraphs (a) to (g) of this clause.

(2) A person arrested, restricted or detained shall be kept in a place authorised by

(3) A person arrested, restricted or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction or detention and of his or her right to a lawyer of his or her choice.

(4) A person arrested or detained-

(a) the purpose of bringing him or her before a court in executution of an order of a court; or

(b) upon reasonable suspicion of his or her having committed or being about to commit a criminal offence under the laws of Uganda, shall, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of his or her arrest.

(5) Where a person is restricted or detained-

(a) the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the restriction or detention;

(b) the next-of-kin, lawyer and personal doctor of that person shall be allowed reasonable access to that person; and

(c) that person shall be allowed access to medical treatment including, at the request and at the cost af that person, access to private medical treatment.

(6) Where a person is arrested in respect of a crirninal offence-

(a) the person is entitled to apply to the court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable:

(b) in the case of an offence which is triable by thc High Court as well as by a subordinate court, the person shall be released on bail on such conditions as the court considers reasonable, if that person has been remanded in custody in respect of the offence before trial for one hundred and twenty days;

(c) in the case of an offence triable only by the High Court the person shall be released on bail on such conditions as the Court considers reasonable, if the person has been remanded in custody for three hundred and sixty days before the case is committed to the High Court.

(7) A person unlawfully arrested. restricted or detained bv any other person or authority, shall be entitled to compensation from that other person or authority whether it is the State or an agency of the State or other person or authority.

(8) Where a person is convicted and sentenced to a terrn of imprisonment for an offence, any period he or she spends in lawful custody in respect of the offence before the completion of his or her trial shall be taken into account in imposing the term of imprisonment.

(9) The right to an order of habeas corpus shall be inviolable and shall not be suspended.

Respect for human dignity and protection from inhuman treatment.

24. No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment.

Protection from slavery, servitude and forced labour.

25. (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this article, "forced labour" does not include-

(a) any labour required in consequence of the sentence or order of a court; (b) any labour required of any person while that person is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which the person is detained;

(c) any labour required of a member of a disciplined force as part of that member's duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force. any labour which that person is required by law to perform in place of that service;

(d) any labour required during any period when Uganda is at war or in case of any emergency or calamity which threatens the life and well-being of the community, to the extent that the requiring of the labour is reasonably justifiable in the circumstances of any situation arising or existing during the period or as a result of the emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and norrnal communal or other civic obligations.

Protection from deprivation of property.

26.(1) Every person has a right to own property either individually or in association with others.

(2) No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied-

(a) the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health; and

(b) the compulsory taking of possession or acquisition of property is made under a law which makes provision for-

(i) prompt payment of fair and adequate compensation. prior to the taking of possession or acquisition of the property; and

(ii) a right of access to a court of law by any person who has an interest or right over the property.

Right to privacy of person, home and other property.

27. ( 1 ) No person shall be subjected to-

(a) unlawful search of the person, home or other property of that person;

(b) unlawful entry by others of the premises of that person. property.

(2) No person shall be subjected to interference with the privacy of that person's home, correspondence, communication or other property.

28. (1) ln the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

(2) Nothing in clause (l) of this article shall prevent the court or tribunal from excluding the press or the public from all or any proceedings before it for reasons of morality, public order or national security, as may be necessary in a free and democratic society.

(3) Every person who is charged with a criminal offence shall-

(a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;

(b) be informed immediately, in a language that the person understands of the nature of the offence;

(c) be given adequate time and facilities for the preparation of his or her defence:

(d) be permitted to appear before the court in person or at that person's own expense, by a lawyer of his or her choice;

(e) in the case of any offence which carries a sentence of death or imprisonment for life, be entitled to legal representation at the expense of the State;

(f) be afforded, without payment by that person, the assistance of an interpreter if that person cannot understand the language used at the trial:

(g) be afforded facilities to examine witnesses and to obtain the attendance of other witnesses before the court.

(4) Nothing done under the authority of any law shall be held to be inconsistent with-

(a) paragraph (a) of clause (3) of this article, to the extent that the law in question imposes upon any person charged with a criminal offence, the burden of proving particular facts;

(b) paragraph (g) of clause (3) of this article, to the extent that the law imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused are to be paid their expenses out of public funds.

(5) Except with his or her consent. the trial of any person shall not take place in the absence of that person unless the person so conducts himself or herself as to render the continuance of the proceedings in the presence of that person impracticable and the court makes an order for the person to be removed and the trial to proceed in absence of that person.

(6) A person tried for any criminal offence, or any person authorised by him or her, shall, after the judgment in respect of that offence, be entitled to a copy of the proceedings upon payment of a fee prescribed by law.

(7) No person shall be charged with or convicted of a criminal offence which is founded on an act or omission that did not at the time it took place constitute a criminal offence.

(8) No penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed.

(9) A person who shows that he or she has been tried by a competent court for a criminal offence and convicted or acquitted of that offence, shall not again be tried for the offence or for any other criminal offence of which he or she could have been con victed at the trial for that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal

( 10) No person shall be tried for a criminal offence if the person shows that he or she has been pardoned in respect of that offence.

( 11 ) Where a person is being tried for a criminal offence, neither that person nor the spouse of that person shall be compelled to give evidence against that person.

(12) Except for contempt of court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law.

Protection of freedom of co-science, expression, movement, religion, assembly and association.

29. (1) Every person shall have the right to-

(a) freedom of speech and expression, which shall include freedom of the press and other media:

(b) freedom of thought, conscience and belief which shall include academic freedom in institutions of learning;

(c) freedom to practise any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution;

(d) freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and

(e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organisations.

(2) Every Ugandan shall have the right-

(a) to move freely throughout Uganda and to reside and settle in any part of Uganda;

(b) to enter, leave and return to, Uganda; and

(c) to a passport or other travel document.

Right to education.

30. All persons have a right to education.

Rights of the family.

31. (1) Men and women of the age of eighteen years and above, have the right to marry and to found a family and are entitled to equal rights in marriage, during marriage and at its dissolution.

(2) Parliament shall make appropriate laws for the protection of the rights of widows and widowers to inherit the property of their deceased spouses and to enjoy parental rights over their children.

(3) Marriage shall be entered into with the free consent of the man and woman intending to marry.

(4) It is the right and duty of parents to care for and bring up their children.

(5) Children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law. Affirmative action in favour of marginilised groups

. 32. (I) Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.

(2) Parliament shall make relevant laws, including laws for the establishment of an equal opportunities commission, for the purpose of giving full effect to clause (1) of this article.

Rights of women.

33. (1) Women shall be accorded full and equal dignity of the person with men.

(2) The State shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.

(3) The State shall protect women and their rights, taking into account their unique status and natural maternal functions in society.

(4) Women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.

(5) Without prejudice to article 32 of this Constitution,women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom.

(6) Laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status. are prohibited by this Constitution.

Rights of children.

34. (1) Subject to laws enacted in their best interests, children shall have the right to know and be cared for by their parents or those entitled by law to bring them up.

(2) A child is entitled to basic education which shall be the responsibility of the State and the parents of the child.

(3) No child shall be deprived by any person of medical treatment, education or any other social or economic benefit by reason of religious or other beliefs

(4) Children are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical. mental spiritual, moral or social development.

(5) For the purposes of clause (4) of this article, children shall be persons under the age of sixteen years.

(6) A child offender who is kept in lawful custody or detention shall be kept separately from adult offenders.

(7) The law shall accord special protection to orphans and other vulnerable children.

Rights of persons with disabilities.

35. (1) Persons with disabilities have a right to respect and hurnan dignity and the State and society shall take appropriate measures to ensure that they realise their full mental and physical potential.

(2) Parliament shall enact laws appropriate for the protection of persons with disabilities.

Protection of minorities.

36. Minorities have a right to participate in decision-making processes and their views and interests shall be taken into account in the making of national plans and programmes.

Right to culture and similar rights.

37. Every person has a right as applicable, to belong to, enjoy, practise, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others.

Civic rights and activities.

38. (I) Every Uganda citizen has the right to participate in the affairs of government, individually or through his or her representatives in accordance with law.

2) Every Ugandan has a right to participate in peaceful activities to influence the policies of government through civic organisations.

Right to a clean and healthy environment.

39. Every Ugandan has a right to a clean and healthy environment.

Economic rights.

40.(1) Parliament shall enact laws-

(a) to provide for the right of persons to work under satisfactory. safe and healthy conditions;

(b) to ensure equal payment for equal work without discrimination: and

(c) to ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay, as well as remuneration for public holidays.

(2) Every person in Uganda has the right to practise his or her profession and to carry on any lawful occupation, trade or business.

(3) Every worker has a right-

(a) to form or join a trade union of his or her choice for the promotion and protection of his or her economic and social interests;

(b) to collective bargaining and representation; and

(c) to withdraw his or her labour according to law.

(4) The employer of every woman worlcer shall accord her protection dunng pregnancy and afterbirth, in accordance with the law.

Right of access to information.

41. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the infor mation is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.

(2) Parliarnent shall make laws prescribing the classes of inforrnation referred to in clause (1) of this article and the procedure for obtaining access to that information.

Right to just and fair treatment in administrative decisions.

42. Any person appearing before any administrative official or body has a right to be treated justly and fairly and shall have a right to apply to a court of law in respect of any administrative decision taken against him or her.

General limitation on fundamental and other human rights and freedoms.

43. (I) In the enjoyment of the rights and freedoms prescribed in this Chapter, no person shall prejudice the fundamental or other human rights and freedoms of others or the public interest.

(2) Public interest under this article shall not permit-

(a) political persecution;

(b) detention without trial;

(c) any limitation of the enjoyment of the rights and freedoms prescribed by this Chapter beyond what is acceptable and demonstrably justifiable in a free and democratic society, or what is provided in this Constitution.

Prohibition of derogation from particular human rights and freedoms.

44. Notwithstanding anything in this Constitution, there shall be no derogation from enjoyment of the following rights and freedoms-

(a) freedom from torture, cruel, inhuman or degrading treatment or punishment;

(b) freedom from slavery or servitude:

(c) the right to fair hearing;

(d) the right to an order of habeas corpus.

Human rights and freedoms additional to other rights.

45. The rights, duties, declarations and guarantees relating to the fundamental and Human other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.

Human Rights and Freedoms During a State of Emergency.

46. (1) An Act of Parliament shall not be taken to contravene the rights and freedoms guaranteed in this Chapte, if that Act authorises the taking of measures that are reasonably justifiable for dealing with a state of emergency.

(2) The provisions of any enactrnent other than an Act of Parliament dealing with a state of emergency declared under this Constitution shall apply only to that part of Uganda where the emergency exists.

(3) Without prejudice to clause (1) of this article, an Act enacted in accordance with that clause may make provision for the detention of persons where necessary for the purposes of dealing with the emergency.

Detention under emergency laws.

47. Where a person is restricted or detained under a law made for the purpose of a emergency state of emergency, the following provisions shall apply-

(a) he or she shall. within twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying the grounds upon which he or she is restricted or detained;

(b) the spouse or next-of-kin of or other person named by the person restricted or detained shall be informed of the restriction or detention and allowed access to the person within seventy-two hours after the cormnencement of the restriction or detention;

(c) not more than thirty days after the commencement of his or her restriction or detention, a notification shall be published in the Gazette and in the media stating that he or she has been restricted or detained and giving particulars of the provisions of the law under which his or her restriction or detention is authorised and the grounds of his or her restriction or detention.

Review by Uganda Human Rights Commission.

48. (1) The Uganda Human Rights Commission shall review the case of a person who is restricted or detained and to whom article 47 of this Constitution applies, not later than twenty-one days after the commencement of the restriction or detention, and after that, at intervals of not more than thirty days.

(2) A person who is restricted or detained shall be permitted and afforded every possible facility-

(a) to consult a lawyer of his or her choice or any group of persons who shall be permitted to make representations to the Uganda Human Rights Comrnission for the review of his or her case;

(b) to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case.

(3) On a review of the case, the Uganda Human Rights Commission may order the release of that person, or uphold the grounds of the restriction or detention.

Report to Parliament.

49. (1) in every month in which there is a sitting of Parliament, the Minister responsible shall make a report to Parliament in respect of-

(a) the number of persons restricted or detained under the state of emergency; and

(b) the action taken in compliance with the findings of the Human Rights Commission.

(2) The Minister responsible shall publish every month in the Gazzette and in the Media-

(a) the number and names and addresses of the persons restricted or detained;

(b) the number of cases reviewed by the Uganda Human Rights Cornmission; and

(c) the action taken in compliance with the findings of the Uganda Human Rights Commission.

(3) For the avoidance of doubt, it is declared that at the end of the emergency declared under this Constitution, any person in or under restriction, detention or custody as a result of the declaration of emergency, shall be released immediately, unless charged with a crin~inal offence in a court of law.

Enforcement of Rights and Freedoms by Courts.

50.(1) Any person who claims that a fundarnental or freedom guaranteed under this Constitution has been infringed or threatened, is entitled to apply to a rights and competent court for redress which may include compensation.

(2) Any person or organisation may bring an action against the violation of another person's or group's human rights.

(3) Any person aggrieved by any decision of the court may appeal to the appropriate court.

(4) Parliarnent shall make laws for the enforcement of the rights and freedoms under this Chapter.

Uganda Human Rights Commission.

Uganda Human Rights Commission.

51. (1) There shall be a Commission called the Uganda Human Rights Commission.

(2) The Commission shall be composed of a Chairperson and not less than three other persons appointed by the President with the approval of Parliament.

(3) The Chairperson of the Commission shall be a Judge of the High Court or a person qualified to hold that office.

(4) The Chairperson and members of the commssion shall be persons of high moral character and proven integrity and shall serve for a period of six years and be eligible for re-appointment.

Functions of Human Rights Commission.

52. (1) The Commission shall have the following functions of Human

(a) to investigate, at its own initiative or on a complaint made by any person or group of persons against the violation of any human right;

(b) to visit jails, prisons, and places of detention or related facilities with a view to assessing and inspecting conditions of the imnates and make recommendations;

(c) to establish a continuing programme of research, education and information to enhance respect of human rights;

(d) to recommend to Parliament effective measures to promote human rights. including provision of compensation to victims of violations of human rights, or their families;

(e) to create and sustain within society the awareness of the provisions of this Constitution as the fundamental law of the people of Uganda;

(f) to educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation.

(g) to formulate, implement and oversee programmes intended to inculcate in the citizens of Uganda awareness of their civic responsibilities and an appreciation of their rights and obligations as free people;

(h) to monitor the Government's compliance with international treaty and convention obLigations on human rights; and

(i) to perforrn such other functions as may be provided by law.

(2) The Uganda Human Rights Commission shall publish periodical reports on its findings and subrnit armual reports to Parliament on the state of human nghts and freedoms in the country.

(3) ln the performance of its functions, the Uganda Human Rights Commission shall-

(a) establish its operational guidelines and rules of procedure;

(b) request the assistance of any department, bureau, office, agency or person in the performance of its functions; and (c) observe the rules of natural justice.

Powers of the Commission.

53. (1) In the perforrnance of its functions, the Commission shall have the powers of a court-

(a) to issue surnrnons or other orders requiring the attendance of any person before the Commission and the production of any document or record rele vant to any investigation by the Coommission;

(b) to question any person in respect of any subject matter under investigation before the commission;

(c) to require any person to disclose any information within his or her knowledge relevant to any investigation by the Commission

(d) to commit persons for contempt of its orders

(2) The Cornmission may, if satisfied that there has been an infrinaement of a human right or freedom. order-

(a) the release of a detained or restricted person;

(b) payment of compensation; or

(c) any other legal remedy or redress.

(3) A person or authority dissatisfied with an order made by the Commission under clause (') of this article, has a right to appeal to the High Court.

(4) The Commission shall not investigate-

(a) any matter which is pending before a court or judicial tribunal; or

(b) a matter involving the relations or dealings between the Government and the Government of any foreign State or international organisation; or

(c) a matter relating to the exercise ot the prerogative of mercy

Independence of the Commission.

54. Subject to this Constitution, the Commission shall be independent and shall not, in the perfomance of its duties, be subject to the direction or control of any person or control authority.

55. (1) The Commission shall be self-accounting and all the administrative expenses including salaries, allowances and pensions payable to persons serving with the Commission shall be charged on the Consolidated Fund.

(2) The Chairperson and other members of the Commission shall be paid such salaries and allowances as Parliament may prescribe.

Removal of Commissioners. 56. The provisions of this Constitution relating to the removal of a Judge of the High Removal of Court from office shall, with the necessary modifications, apply to the removal from office of a member of the Commission.

Staff of Commission.

57. The appointment of the officers and other employees of the Commission shall be Staff of made by the Commission in consultation with the Public Service Commission.

Parliament to make laws regarding functions of Commission.

58. Parliament may make laws to regulate and facilitate the performance of the functions of the Uganda Human Rights Commission.