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Kabumba/Application of African Union (human rights) law in Uganda
the ‘building blocks’ of the AU.7 These are: the East African Community
(EAC); the Economic Community of West African States (ECOWAS);
the Economic Community of Central African States (ECCAS); the Arab
Maghreb Union (AMU); the Community of Sahel-Saharan States (CENSAD); the Common Market for Eastern and Southern Africa
(COMESA); the Intergovernmental Authority on Development (IGAD)
and the Southern African Development Community (SADC).
2
2.1
A NOTE ON METHODOLOGY AND
TERMINOLOGY
Case identification and data set
The review considered cases available online, primarily those contained
in the Uganda Legal Information Institute (ULII) database.8 A search
was made through the ULII records, using all possible permutations of
relevant code words and combinations thereof, so as to identify all
applicable case law. The various cases highlighted were then
appropriately categorised, and subsequently analysed.
This approach – of reliance on an online search rather than a survey
of print law reports – was adopted for two reasons. In the first place, the
tradition of law reporting in Uganda has been neither consistently nor
rigorously maintained, especially after the late 1980s. The result is that
many key decisions of courts of Judicature (High Court, Court of
Appeal and Supreme Court) remain unreported. Some of these have
been availed online either through fee-charging portals, such as
Uganda Online Law Library or the open-access ULII database.
Secondly, the ULII database allowed for a more systematic and quicker
collection and analysis of relevant case law, through a relevant key word
search, than might have been possible with print reports.
The study is, therefore, based upon and limited to this particular
data set. The reliance on case law available online, and the ULII
database in particular, admittedly presents a limitation upon the
comprehensiveness of the study findings. At the same time, if
understood as an in-depth examination of a specific sample – Ugandan
jurisprudence available through ULII covering a particular time period
– then it is possible that the insights provided herein might provide
some useful indicators as to the more general position.
7
8
The reference to these RECs as ‘building blocks’ of the AU is contained in the
official websites of the African Union – see https://au.int/en/organs/recs
(accessed 15 January 2019); and the United Nations Economic Commission for
Africa (UNECA) – see https://www.uneca.org/oria/pages/regional-economiccommunities (accessed 15 January 2019). The AU website, in this regard,
references the Abuja Treaty, the AU Constitutive Act, the 2008 Protocol on
Relations between RECs and the AU, and the Memorandum of Understanding on
Cooperation in the Area of Peace and Security between the AU, RECs and the
Coordinating Mechanisms of the Regional Standby Brigades of Eastern and
Northern Africa.
See https://ulii.org (accessed 15 January 2019).