President Y.K Museveni signed the Human Rights Enforcement Act 2019 into law on 31st March 2019. The new law is a good step in Uganda where the human rights record is reported to be under threat. Part 1, Preliminary, of the Act, states thus:
(l) This Act applies to the enforcement of human rights and freedoms guaranteed by Chapter Four of the Constitution.
(2) This Act shall apply to the enforcement of human rights by the competent court.
(3) Save as provided, this Act shall not apply to investigation, protection or enforcement of rights and freedoms by the Uganda Human Rights Commission and the Equal Opportunities Commission.
The Act, provides for personal liability for infringement of rights and freedoms by a public officer, under section 10 thus:
10. Personal Liability for infringement of rights and freedoms
(1) A public officer who, individually or in association with others, violates or participates in the violation of a person’s rights or freedoms shall be held personally liable for the violation notwithstanding the state being vicariously liable for his or her actions.
(2) Whenever the competent court orders for the payment of compensation or any other form of restitution to a victim of a human rights violation by the State, a public officer who is found by the competent court to have personally violated or participated in the violation of a person’s human rights or freedoms shall pay a portion of the compensation or restitution so ordered as shall be determined by the competent court.
The section is a welcome provision in the law. It shall make public officers take reasonable care in the performance of their roles.
Worth noting
The Human Rights Enforcement Act, 2019 provides for ten years as a maximum period in which actions for enforcement of human rights and freedoms shall be instituted, save for rights and freedoms guaranteed under article 44 of the Constitution of the Republic of Uganda. The act status thus:
19. Limitation of human rights actions
(l) Save for rights and freedoms guaranteed under article 44 of the Constitution, actions for enforcement of human rights and freedoms shall be instituted within ten years of the occurrence of the human rights violation.
(2) Notwithstanding subsection (l), the competent court may allow an action to be brought after the expiry of the period referred to in subsection (1) on being satisfied that the victim of the violation was unable, for any justifiable reasons, to bring such action within the time prescribed under subsection (1).
(3) For the avoidance of doubt, the Civil Procedure and Limitation (Miscellaneous Provisions)Act, Cap72 shall not apply to proceedings instituted under this Act.
Under the law, you can institute court proceedings in your name, or acting under an interest group or in public interest as an association acting in public interest or of its members.
We encourage you to download the law and read it. To take a quiz about this law, and test your skills, contact us.
Download a copy of THE HUMAN RIGHTS (ENFORCEMENT) ACT, 2019
