Article 46-49 Uganda Constitution 1995
Article 46, 47, 48, and 49 of the Uganda Constitution 1995 is under ‘Human rights and freedoms during a state of emergency’ of Chapter 4 of the Constitution. Chapter 4 is titled ‘Protection and promotion of fundamental and other human rights and freedoms‘.
Article 46 Uganda Constitution 1995
Effect of laws enacted for a state of emergency
(1) An Act of Parliament shall not be taken to contravene the rights and freedoms guaranteed in this Chapter, if that Act authorises the taking of measures that are reasonably justifiable for dealing with a state of emergency.
(2) The provisions of any enactment other than an Act of Parliament dealing with a state of emergency declared under this Constitution shall apply only to that part of Uganda where the emergency exists.
(3) Without prejudice to clause (1) of this article, an Act enacted in accordance with that clause may make provision for the detention of persons where necessary for the purposes of dealing with the emergency.
Article 47 Uganda Constitution 1995
Detention under emergency laws
Where a person is restricted or detained under a law made for the purpose of a state of emergency, the following provisions shall apply—
(a) he or she shall, within twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying the grounds upon which he or she is restricted or detained;
(b) the spouse or next-of-kin of or other person named by the person restricted or detained shall be informed of the restriction or detention and allowed access to the person within seventy-two hours after the commencement of the restriction or detention;
(c) not more than thirty days after the commencement of his or her restriction or detention, a notification shall be published in the Gazette and in the media stating that he or she has been restricted or detained and giving particulars of the provisions of the law under which his or her restriction or detention is authorised and the grounds of his or her restriction or detention.
Article 48 Uganda Constitution 1995
Review by the Uganda Human Rights Commission
(1) The Uganda Human Rights Commission shall review the case of a person who is restricted or detained and to whom article 47 of this Constitution applies, not later than twenty-one days after the commencement of the restriction or detention, and after that, at intervals of not more than thirty days.
(2) A person who is restricted or detained shall be permitted and afforded every possible facility—
(a) to consult a lawyer of his or her choice or any group of persons who shall be permitted to make representations to the Uganda Human Rights Commission for the review of his or her case;
(b) to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case.
(3) On a review of the case, the Uganda Human Rights Commission may order the release of that person, or uphold the grounds of the restriction or detention.
Article 49 Uganda Constitution 1995
Report to Parliament
(1) In every month in which there is a sitting of Parliament, the Minister responsible shall make a report to Parliament in respect of—
(a) the number of persons restricted or detained under the state of emergency; and
(b) the action taken in compliance with the findings of the Uganda Human Rights Commission.
(2) The Minister responsible shall publish every month in the Gazette and in the media—
(a) the number and names and addresses of the persons restricted or detained;
(b) the number of cases reviewed by the Uganda Human Rights Commission; and
(c) the action taken in compliance with the findings of the Uganda Human Rights Commission.
(3) For the avoidance of doubt, it is declared that at the end of the emergency declared under this Constitution, any person in or under restriction, detention or custody as a result of the declaration of emergency shall be released immediately, unless charged with a criminal offence in a court of law.
