Article 46-49 Uganda Constitution 1995

National Objectives and Directive Principles of State Policy Preamble Article 1-4 [Chapter 1 – The Constitution] Article 5-8A [Chapter 2 – The Republic] Article 9-19 [Chapter 3 – Citizenship] Article 20 (Fundamental and other human rights and freedoms) Article 21 (Equality and freedom from discrimination) Article 22 (Protection of right to life) Article 23 (Protection of personal liberty) Article 24 (Respect for human dignity and protection from inhuman treatment) Article 25 (Protection from slavery, servitude and forced labour) Article 26 (Protection from deprivation of property) Article 27 (Right to privacy of person, home and other property) Article 28 (Right to a fair hearing) Article 29 (Protection of freedom of conscience, expression, movement, religion, assembly and association) Article 30 (Right to education) Article 31 (Rights of the family) Article 32 (Affirmative action in favour of marginalised groups) Article 33 (Rights of women) Article 34 (Rights of children) Article 35 (Rights of persons with disabilities) Article 36 (Protection of rights of minorities) Article 37 (Right to culture and similar rights) Article 38 (Civic rights and activities) Article 39 (Right to a clean and healthy environment) Article 40 (Economic rights) Article 41 (Right of access to information) Article 42 (Right to just and fair treatment in administrative decisions) Article 43 (General limitation on fundamental and other human rights and freedoms) Article 44 (Prohibition of derogation from particular human rights and freedoms) Article 45 (Human rights and freedoms additional to other rights) Article 46-49 (Human Rights and Freedoms During a State of Emergency) Article 50 (Enforcement of Rights and Freedoms by Courts) Article 51-58 (Uganda Human Rights Commission) Article 59 (Right to vote) Article 60-68 (Electoral Commission) Article 69-76 (Political Systems & General) Article 77-87A (Establishment Composition and Functions of Parliament) Article 88-97 (Procedure of Parliament & General) Article 98-110 (The President) Article 111-119A (The Cabinet) Article 120-125 Article 126-136 Article 137-145 Article 146-151 Article 152-160 [FINANCE – General] Article 161-164 [Central Bank of Uganda & Auditor-General] Article 165-175 [Chapter 10 – The Public Service] Article 176-189 Article 190-200 Article 201-207 Article 208-217 Article 218-222 Article 223-232 [Chapter 13 – Inspectorate of Government] Article 233-236 [Chapter 14 – Leadership Code of Conduct] Article 237-245 [Chapter 15 – Leadership Code of Conduct] Article 246 [Chapter 16 – Institution of traditional or cultural leaders] Article 247-257 Article 258-262 (Amendment of the Constitution) Article 263-274 Article 275-288 Article 289-294 First Schedule Second Schedule Third Schedule Forth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

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.

SEE ALSO  Sixth Schedule Uganda Constitution 1995

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.

SEE ALSO  First Schedule Uganda Constitution 1995

(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.

Published by

Inioluwa Olaposi

Hi. I am Inioluwa and I'm interested in entrepreneurship and human development.

Leave a Reply

Your email address will not be published.