The Independence of the Uganda Human Rights Commission in Light of the Drafting History of the 1995 Ugandan Constitution
The Independence of the Uganda Human Rights Commission in Light of the Drafting History of the 1995 Ugandan Constitution

Summary/Abstract: The Uganda Human Rights Commission was legally established as an independent institution by the 1995 Constitution of Uganda, but its independence has been questioned at times due to alleged political influence and lack of resources. The commission relies substantially on government funding for its operations and has faced challenges in carrying out its mandate effectively. The 1995 Constitution, which established the Commission as an independent institution, was adopted after years of political turmoil and human rights violations in the country. The drafting history of the Constitution reflects a clear intention to create a strong and independent Commission to serve as a watchdog for human rights abuses and to promote respect for human rights. However, the independence of the Commission has been challenged by various factors, including political influence, limited resources, and weak enforcement mechanisms. In addition, the Commission has faced criticism for being too closely aligned with the government and not sufficiently independent. This article illustrates and assesses the extent to which the drafting history of relevant constitutional provisions has had some impact on the independence of the Commission. This is done by focusing the discussion on legal and operational independence, financial independence, appointment and dismissal procedures, composition of UHRC membership and tenure of office. It is then concluded that indeed the drafting history of the Ugandan Constitution has had some impact on the independence of the Uganda Human Rights Commission. Nevertheless, the Commission has made significant contributions towards promoting and protecting human rights in Uganda and remains an important institution in that regard.

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