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Kabumba/Application of African Union (human rights) law in Uganda
is whether a given international obligation addresses the state with respect to its
actions towards other states, i.e. whether it prescribes or proscribes certain conduct
exclusively on the international level, or whether it addresses the state with respect
to taking certain conduct or guaranteeing certain results within its domestic
jurisdiction. In the former instance the international obligation is ‘extrovert’ or
‘outward-looking’: it addresses the state in its conduct on the international level
towards other states. In the latter it is ‘introvert’ or ‘inward- looking’, it mandates
conduct within the domestic jurisdiction. The prohibition of the use of force and the
prohibition of intervention are obvious examples of outward-looking obligations,
while obligations under human rights law, or under the law of immunity, are
inward-looking obligations.252
In this regard, the fact that a significant number of obligations under
AU law are directed towards Uganda’s conduct on the international
plane may explain the relatively limited presence of this body of law in
the jurisprudence of Ugandan courts. This is also a convincing
explanation for the predominance of AU human rights law in Ugandan
judicial decisions, since those obligations are quintessentially ‘inwardlooking’.253 This further explains the relatively strong showing of EAC
law, a great degree of whose obligations are directed towards changing
the domestic landscape in member states in a range of fields (ranging
from free movement of goods to free movement of persons).254
Secondly, few Ugandan law schools, if any, teach ‘Integration Law’
as a distinct area – much less ‘AU Law’. This reality is also reflected in
scholarship – with no Ugandan-authored book on AU law.255 On the
other hand, AU human rights law seems to have had more traction –
perhaps because it is usually a standard staple of international human
rights law courses. Similarly, there are a great number of EU law
courses across the world, which Ugandan Judges might have
undertaken in the course of post-graduate studies. The sheer volume of
EU-focused legal texts, widely available in Uganda, as well as EUsupported capacity building courses for lawyers and Judges,256 might
252
253
254
255
256
Tzanakopoulos (n 251) 158.
Even then, as Viljoen has pointed out, there are a number of instances where AU
human rights law could have been referred to, and applied, by Ugandan courts but
where this did not happen. He cites, for instance, the decision of the
Constitutional Court in Salvatori Abuki and Another v Attorney General
Constitutional Case No.2 of 1997, which invalidated parts of the Witchcraft Act as
being inconsistent with the constitutional guarantees relating to freedom from
cruel, inhuman and degrading treatment or punishment. As he rightly notes, the
Court could have referred to the African Charter, which contains a similar
protection - see Viljoen (n 3) 542.
In addition, from this perspective, a sub-regional court with competence over
both commercial disputes and human rights matters might be viewed as wielding
a degree of influence – in the domestic plane – with which states might be
uncomfortable. This might explain the poor fortunes of the SADC Tribunal, as
well as why initiatives to clothe the EACJ with a human rights mandate seem to
have stalled.
By contrast, there is a written text on EAC law by a prominent Ugandan legal
scholar – see Ssempebwa (n 3).
See, for instance, J Arutu ‘The recent judicial reforms in Uganda with emphasis on
“ADR and mediation”’ Paper presented to the 3rd Magistrates and Registrars’
Conference, 2012 https://www.jlos.go.ug/index.php/document-centre/media
tion/258-recent-judicial-reforms-in-uganda-emphasis-on-alternative-dispute-res
olution-adr-and-mediation/file (accessed 15 January 2019) at 1 (‘Mediation has
been an integral part of the Commercial Court Division since 2003 when it was
piloted for a period of two