Uganda – Judicial remedy

By Daniel Morris | 4. November 2021

CHAPTER THREE: SITUATIONAL ANALYSIS

3.7 Access to Remedy

Article 50 of the 1995 Constitution of the Republic of Uganda guarantees judicial remedy for human rights violations and in particular stipulates that, any person who claims that his or her fundamental or other right or freedom guaranteed under the Constitution have been infringed or threatened, is entitled to apply to a competent court for redress which may include compensation. The judicial avenues for offering remedy to complaints of business-related human rights violations include the Civil Division of the High Court, the Environmental Tribunal, and the Industrial Court for employment and labour relations, among others. In the event of dissatisfaction, there are provisions for appeal to the Court of Appeal and further to the Supreme Court.

 

CHAPTER FOUR: STRATEGIES AND INTERVENTIONS

STRATEGIES

OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses.

4.1.1 Capacity building for state and non-state actors on business and human rights

  1. Strengthen the technical capacity of judicial and non-judicial agencies on business and human-rights related issues.

 

OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.

4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations

(…)

III. Strengthening the capacity of judicial and quasi-judicial institutions to provide remedy to business-related human rights abuses and violations.

 

4.5.2 Improve access to legal services to communities affected by business-related human rights violations and abuses

  1. Build capacity of lawyers, human rights defenders, judicial officers, communities and other stakeholders on access to remedy for human rights abuses and violations related to business operations.
  2. Provide free legal aid services to communities affected by business-related human rights abuses and violations.
  3. Strengthen linkages and referrals for human rights violations and abuses.
  4. Promote alternative dispute resolution mechanisms.
  5. Promote the use of regional and international remedy mechanisms for violations and abuses related to business.

 

CHAPTER FIVE: INSTITUTIONAL FRAMEWORK

 (…)

5.2 Uganda Human Rights Commission

(…)

x. Receive, investigate and adjudicate cases of human rights violations in business operations.

 

5.5 Ministry of Justice and Constitutional Affairs

  1. Coordinate the formulation and review of legislation pertaining to business and human rights.
  2. Promote access to justice for victims of human rights violations in business operations.
  3. Innovate solutions to quicken conclusion of court cases.

(…)

5.16 The communities and households

The community and households will;

  1. Strengthen social support networks and mechanisms to protect and promote the welfare of vulnerable groups.

 

The strategic implementation framework in the 1.0 Appendices includes: 

  • Strategic Action, Objective 4.0: Empower communities to demand for protection and fulfilment of their rights and access to justice.
  • Objective 5.0 – To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.

Budgeted outputs in Annex I include:

  • Strengthen the technical capacity of
judicial and non-judicial
agencies on business and human-rights related issues. (Objective 1.0)
  • Review and strengthen the capacity and function the probation and labour department to handle labour-related grievances (Objective 1.0)
  • Establishing and/ or strengthening laws, policies and grievance redress mechanisms to ensure accountability by businesses (Objective 2.0)
  • Awareness raising on available remedy mechanisms for business-related human rights abuses and violations. (Objective 5.0)
  • Strengthen laws and policies providing for effective remedies on business-related matters (Objective 5.0)
  • Build capacity of lawyers, human rights defenders and judicial officers on access to remedy for business and human rights. (Objective 5.0)
  • Provide free legal services to communities affected by business-related human rights abuses and violations. (Objetive 5.0)