Human Rights (Enforcement) Act

The Act applies to enforcement of human rights by courts but does not apply to investigation, protection or enforcement of rights and freedoms by the Uganda Human Rights Commission and the Equal Opportunities Commission.

This section provides definitions of terms used in the Act (for example "application", "competent court", "Minister", "non-derogable rights and freedoms", "Rules Committee", "subordinate court", and "victim of a human rights violation").

Public officers who violate or participate in violations of a person’s rights or freedoms are personally liable and, if a competent court orders compensation, such officers found responsible must pay a portion of that compensation as determined by the court.

It is an offence for a person to derogate from a non-derogable right or freedom guaranteed under the Constitution; criminal proceedings may be instituted by the Director of Public Prosecutions preferring a charge or by any person making a complaint on oath, and on conviction the offender may be imprisoned for up to fifteen years.

The State must take all reasonable steps to comply with monetary court orders; victims or others may apply to court to enforce non-complied orders, and courts may issue appropriate orders, including for contempt.

Allows a person who believes the State is failing to progressively realise constitutional or treaty rights to apply to the High Court; requires courts to order, and the Government to take, measurable steps where rights cannot be realised due to resource constraints; and requires the Government to report annually to Parliament on steps taken under subsection (2) and treaty obligations.

Persons granted immunity under any law shall automatically lose that immunity if a competent court finds they violated a Chapter Four right or freedom; following loss of immunity such persons shall be prosecuted or found liable for acts or omissions done in the course of duty.

The High Court may order production, impose obligations, or order release of unreasonably detained persons; persons in charge of detention facilities must release or seek authorization to release when they have reason to believe detention is unreasonable; orders by the High Court must be complied with immediately when served.

A person or organisation claiming that a constitutional right or freedom has been infringed or threatened may apply to a competent court for redress.

The High Court must hear and determine applications about enforcement or violation of specified rights and freedoms listed in the section.

A magistrate's court must hear and decide applications about enforcement or violation of Chapter Four rights not covered by section 4(1); applications may be made in any language or form; if made orally or in another language the magistrate must reduce it into writing in the courts language.

Permits persons to join multiple defendants when uncertain who is liable; allows the competent court to permit expert 'friend of the court' appearances; and prohibits the competent court from dismissing suits merely for procedural or technical failures.

Section Reference of human rights matters by subordinate courts Section Where in any proceedings in a subordinate court , any question arises as to the violation of a fundamental right or freedom, the magistrate shall refer the question

If a question arises in any High Court proceeding about a violation of a fundamental right or freedom, the presiding judge must immediately stay the proceedings and decide the question; the High Court may, after staying proceedings under subsection (1) and in a criminal trial, grant bail to the accused.

The competent court may order various remedies and, when it finds a violation of a fundamental right, shall issue appropriate orders including compensation; restitution, compensation, rehabilitation or any payment ordered is a civil debt owed to the victim.

An aggrieved person may appeal specified court decisions to the next higher court; the court receiving the appeal must hear and decide it within three months and may suspend other matters to do so.

The Civil Procedure Act and its rules may, with necessary modifications, be applied to enforce the rights and freedoms under this Act.

The Rules Committee may make rules, subject to the Act, to implement this Act including a list of specific procedural matters.

Actions to enforce human rights must generally be started within ten years, but the competent court may allow a late action if satisfied the victim could not reasonably have brought it within that time.