The School of Law (SoL) Clinical Legal Education (CLE) Class of 2021 was hosted by the Refugee Law Project (RLP) for a training on refugee law and rights on the 15th December 2021. The training held at JFrigh Hotel covered topics like sexual violence, legal framework on refugees, trafficking of persons, rights and obligations, transformative justice among others. The sessions were interactive and students kept engaged through the training. The training was well facilitated and as noted by one student Ms. Kemigisha Lizzan, “We were given breakfast, lunch and evening tea which helped us to keep focused since hunger was not an issue. We surely look forward to another training soon.”
On day one of the training, the students were welcomed by Ms. Susan Alupo and the team from RLP who explained what the project entails. Ms. Alupo explained that areas covered include: Access to justice, capacity building, empowerment, mental health, gender and sexuality.Introductions for all members in attendance were conducted and their expectations from the training were given including: To know the legal frame work to protect the refugees; To discuss on the sufficiency of the law in Uganda to protect the rights of refugees; To know the rights and obligations of refugees To know the experiences of refugees in Uganda; To understand the relationship between refugees and the host communities; To discover the role that students can play in refugee protection; and To learn more about transitional justice and how effective it is in resolving conflict.
Ms. Tina Kalitanyi facilitated Session 1: Introduction to Forced Migration and Legal Frameworks on the Protection of Refugees. Ms. Kalitanyi presented to the students the international, regional and domestic legal framework of refugee law. The presentation highlighted; the Universal Declaration of Human Rights, 1951 Convention on the State of Refugees, the 1967 optional protocol and guiding principles, the 1969 O.A.U Convention, the 1995 Uganda constitution, the Uganda National Internally Displaced Persons policy, the Refugee Act and Refugee regulations. The REHOP policy was also pointed out as the policy that requires 70 percent of assistance to refugees and 30percent to host communities while assisting refugees.
Session two covered Rights and Obligations of Refugees while In the host country. This session commenced with a documentary titled ‘Human Lava’ after which students discussed their opinions on the contents of the video. Some of the aspects pointed out included: registration of refugees at the transit centres which are the border areas where refugees converge first; special needs groups are given attention and priority; relationships with the local people is tense at times because refugees are seen as competition for resources as well as destruction of property at the places they settle. It was concluded that refugees enjoy all rights that are enjoyed by citizens. However, they cannot participate in the politics of their host country because that would create tension in the settlements. Refugees are allowed to vote for their leaders in the settlements as well as own land on leasehold. The obligations of refugees include to respect the laws of Uganda and to pay taxes if involved in gainful employment.
Dr. David Tshimba Facilitated Session 3; Understanding Human Trafficking In the Context of Forced Migration. The session covered the definition of trafficking of persons highlighted the legal framework against trafficking of persons. The protocols covered included the Banjul Convention, the Palermo Protocol, 2000, the UN Convention against Transnational Organised Crime (UNCTOC), the Uganda Prevention of Trafficking in Persons Act (PTIP), 2009. Dr. Tshimba pointed out the criticisms of the Parlemo convention for the prevention, suppression and punishment of perpetrators of trafficking in persons and this is that it focuses on prosecution and ignores restitution or assistance of victims of human trafficking. A discussion on the problems that are advancing the phenomenon of trafficking in persons was conducted like the advancement of technology and the internet which grants anonymity and disregards geopolitics, a hard to regulate globalization where it is not easy to enforce these International laws as compared to National laws.
Session 4: Understanding Conflict- Related Sexual Violence was facilitated by Ms. Doreen Oyella highlighting sexual violence in the context of conflict (SVC); potential perpetrators of SVC; victims/ survivors of SVC and what makes them vulnerable. It was noted that sexual violence is used as a weapon of war, to cause terror, to assert power and as a systematic attack against communities. It was also discussed that perpetrators can be soldiers including state soldiers, civilians. The facilitator took the students through the misconceptions on sexual violence which include that men cannot be raped.
The training continued on day two with a recap of work covered on day 1 where students talked about the take away from the previous sessions and Mr. Veve Richard thanked them for paying attention and being good learners. The sessions for day 2 included Understanding Mental Health in the Context of Forced Migration facilitated by Mr. Akulla Ssubi and Understanding Conflict, Transitional Justice and forced Migration facilitated by Mr. Veve Richard.
Ms. Devota Nuwe, Head of Programmes at Refugee Law Project gave the final marks thanking the students and facilitators for attending the training. Group pictures were also taken for record purposes. The students cut a cake to mark the end of the training. The students thanked the team from Refugee Law project because all their expectations were met during the training.
Call For Applications: Administrative Officers’ Law Short Course
Makerere University School of Law invites applications for admission to the Administrative Officers’ Law Short Course for the KAMPALA CENTRE that will run for two (2) months during the period (12th Sept. to Nov. 2022). The course will start on Monday 12th Sept. 2022 at the School of Law premises. Classes will be conducted from Monday to Friday, between 5.00 P.M. to 8.00 P.M.
The tuition for the course is UGX 900,000/= and the application fee is UGX 50,000/= plus bank charge of UGX 2,750/=. Payments should be made to Makerere University/Uganda Revenue Authority, using a Deposit Reference Number (DRN) obtained from the Office of the Bursar of the School. Please contact Mr. Rolland Mpiriirwe on 0777699887/0701338259 or firstname.lastname@example.org/ email@example.com
The minimum admission requirement for the course is ‘A’Level or its equivalent.
We also have other centres in Tororo, Jinja, Mukono, Mityana, Masaka, Arua, Lira, Gulu, Moroto on weekends, for (9 weekends).
For more information, contact the Course Coordinator, Assoc. Prof. Ronald Kakungulu-Mayambala on 0772318528/0752983648 or firstname.lastname@example.org
Ndagire Joyce Irene (Administrator) on 0772498954/0701498954 or email@example.com/ firstname.lastname@example.org, Department of Public and Comparative Law, for Application forms and also a soft copy can be sent
Desk Officers for the Centres
Vice Chancellor congratulates School of Law team upon winning the 2022 All-Africa Human Rights Moot
Professor Barnabas Nawangwe, Vice Chancellor – Makerere University has congratulated the Makerere University School of Law (SoL) team – Ms. Kevin Nakimbugwe and Mr. Edwin Sabiiti upon winning the 2022 edition of the Christof Heyns African Human Rights Moot Court Competition. The Moot Competition held from the 25th – 30th July in Cairo, Egypt was hosted by The British University in Egypt.
The All Africa Moot Competition is named after Professor Christof Heyns (1959-2021)who was a Professor of Human Rights Law, Director of the Institute for International and Comparative Law in Africa at the University of Pretoria and a member of the United Nations Human Rights Committee. The 2022 edition attracted a total of 50 Law Schools, 38 of these were English speakers.
The Vice Chancellor hosted the winning team in his Office on Thursday, 4th August, 2022 and presented Certificates of Recognition to Kevin and Edwin for making Makerere University proud. Dr. Daniel Ruhweza, Lecturer at SoL and Patron of the Makerere University Moot Society and Mr. David Kasibante, alumni – SoL and team coach also attended the presentation.
Explaining to the Vice Chancellor, Dr. Ruhweza said, “We are happy that you have hosted this team which worked so hard to bring the trophy home”. He also highlighted the rigorous process through which the team that represented Makerere University was selected.
In his remarks, Professor Nawangwe said, “I congratulate you for winning the competition and making Makerere University proud, more especially in this centennial year of celebration for the institution. Thank you for flying the Makerere flag high which instils confidence that the University and our School of Law are centres of excellence”. He commended the team for their commitment and doing their best to represent Makerere University. Professor Nawangwe also thanked Dr. Ruhweza for committing time to support the students. He added, “this is an activity that should be supported and I will present it to the University Council for inclusion in the budget for financial year 2023/2024”.
Sharing their experience from attending the competition, Kevin and Edwin explained to the Vice Chancellor what is entailed in participating.
“The Moot was very challenging in-terms of preparing for the competition while balancing it with class work; the processing of travel documents and visas was also quiet hard. We are grateful that you have hosted us here today and also the support of the SoL, University that enabled us to triumph despite the challenges”, Ms. Nakimbugwe said. Kevin added, “we are a brilliant team and our win is evidence”.
Edwin Sabiiti who is also the President of the Makerere University Moot Society said, “the society organises internal moots, identifies the students to represent the University at various competitions. We participate in several competitions within the country, continent and internationally, only that this is the most prestigious. Makerere University are reigning champions of the national Center for Health, Human Rights and Development (CEHURD) Moot Court Competition”.
Edwin further explained that mooting is an opportunity to learn as well as apply the law that we learn in class. He expressed that the University should consider inclusion of mooting as a course unit on the academic transcript because a lot of time is spent in preparing for the various competitions. Edwin also requested that the University extends a supporting arm in facilitating preparations for the various moots that the students participate in.
SoL teams also won the 2018 competition held in Accra Ghana; were 2nd in 2019 edition held in Gaborone, Botswana and emerged finalists in the 2020 edition held online and the 2021 edition held in Stellenbosch, South Africa.
Read more about the Competition:https://www.chr.up.ac.za/moot#:~:text=The%20Christof%20Heyns%20African%20Human,of%20human%20rights%20in%20Africa
Inaugural Makerere Law Journal Symposium held
The Makerere University School of Law (SoL) held the Inaugural Makerere Law Journal (MLJ) Symposium on 17th June 2022 under the theme, ‘Charting the Course and Diversifying Scholarly Content’. The symposium was held to give opportunity to authors of outstanding papers in recent issues of the MLJ to present their work to the general membership of the Makerere Law Society (MLS) and the public. The symposium was supported by the Public Interest Law Clinic (PILAC), SoL.
The MLJ is a student-edited law journal published by the SoL under the auspices of the law students’ union, MLS. The journal founded in 1971 considers submissions from legal writers, students, and scholars within Uganda and beyond. Quoting the pioneer editor of the MLJ, Daniel Omara Atubo, ‘the journal was intended as a medium for discourse on the immense problems of law’. The submissions may be for education purposes; aimed at causing law reform in the jurisprudence of Uganda or other African jurisdictions on matters of legal doctrine and philosophy; human rights; public policy; governance; economics among others.
Previously, the MLJ was printed annually, however, it is now a free-access online publication that considers, reviews and publishes submissions on a rolling year basis throughout the year. Access issues of the MLJ here: https://makererelawjournal.org/. At the inaugural symposium four papers were presented and interrogated by subject experts. Highlights of the papers are detailed below.
Tukwatanise Hans Rwantangare presented his paper titled, ‘A Case for The Application of the Theory of Deferred Indefeasibility in Uganda as an Instrument to Promote Indefeasibility of Title Under the Registration of Titles Act’. Abstract: The theory of deferred indefeasibility as opposed to immediate indefeasibility is presented as a means to improve security of title today. A comparison is made of the relative merits and demerits of the two theories of deferred and immediate indefeasibility. In so doing, the aim is to reconcile the outdated theory of immediate indefeasibility with the modern legal regime and to preserve its relevance in the prevailing socio-economic situation. In a comparative analysis, other jurisdictions, especially Canada are studied to ascertain how they have evolved their interpretation of the same. Inevitably, indefeasibility, as a concept of real property is analysed considering human rights perspectives as relatively impacted by the two theories.For more about Hans’ paper click: https://makererelawjournal.org/view-publication/35. The paper was discussed by Dr. Rose Nakayi, Senior Lecturer at SoL. Dr. Nakayi is a seasoned expert in land law and rights and an advocate for the reform of the mailo land tenure system.
Fatumah Ramathan-Nabulya presented her paper which had reviewed a case Baryamureeba V Kabakonjo Abwooli. In her review she argued that it was ‘A Win for Women’s Property Rights in Cohabitation’. Abstract: Marriage, especially at its dissolution, tends to be contentious owing to its cross cutting effects on property rights, children custody, spousal maintenance among others. It is more complex when that “union” is not legally recognized. Over 65% of Uganda’s couples are left out under the law because their arrangements are not contracted in accordance with the laws provided for. This potentially subjects women to unequal social laws (patriarchy) usually with no legal remedies. Hence, marriage, due to its overarching effects, can be breeding ground for the entrenchment of gender inequality. This paper reviews a High Court decision through which judicial activism is employed to lessen the plight of cohabiting women. Due to the time they have been in operation, it is often difficult to see our matrimonial laws for what they really are; patriarchal and gender indiscriminate. There is need for Judges to be fully alive to the history of these laws and the debates that led to their passing, to correct the wrongs of history.For more about Fatumah’s paper click: https://makererelawjournal.org/view-publication/23. Dr. Diana Musoke, Senior Lecturer, Islamic University in Uganda and expert on family law discussed the paper.
‘The Human Rights Implications of Uganda’s Borrowing’ paper was presented by Ruth Muhawe. Abstract: The relationship between the sovereign debt of developing countries and the protection of the social rights of citizens in those countries has received considerable analysis from the economic, political and moral perspectives, but relatively little has been written from the legal point of view. Consequently, this paper provides legal insights into the lingering crisis that sovereign debt poses to human rights, with a specific focus on the economy of Uganda. The paper is particularly concerned with examining what Uganda’s debt burden means for the basic observance and enjoyment of human rights by its citizens of both the present and the future.For more about Ruth’s paper click: https://makererelawjournal.org/issues (MLJ 2019 Issue) A constitutional law and international law expert, Dr. Busingye Kabumba, Senior Lecturer at SoL was the discussant of the paper.
A joint paper titled, ‘The Legal Risks of Cryptocurrency On State Sovereignty; A Case Study of Uganda’ was presented by Ntamugabumwe Victor & Joshua Kingdom. Abstract:State sovereignty is conventionally known to mean that all states are equal under Public International Law, the decisive criterion being effective power over territory and people. Indeed, the most rudimentary definition of a state is the organization of power over territory and people within that territory. However, sovereignty today depends much on the state’s monetary independence – the state’s capacity to control the flow of money and currency in their jurisdiction. With the constant evolution of money transactions from Cash to credit and then to crypto, the state must always be ready for each revolution so that sovereignty is kept. Cryptocurrencies work outside the existing legal financial framework and as such avoid the state’s invented structure to control their monetary policies, stability to achieve sovereignty.For more about the paper click: https://makererelawjournal.org/view-publication/17
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