Enforcement of the public order management act and its impact on freedom of assembly in Uganda: a comparative analysis

Abstract

The right to freedom of assembly is a fundamental right that is an element of democratic societies which ideally must be respected and at the same time enjoyed by all equally regardless of their social, economic or political affiliations. This right is enshrined in the Constitution of the Republic of Uganda, 1995 (as amended), but is subject to limitations within the context of Article 43 of the aforementioned Constitution as well as the Saracusa Principles, which must be acceptable and demonstrably justifiable in a free and democratic society. The study primarily brings out a comparative analysis of the enforcement challenges of the Public Order Management Act and similar public order legislations in other parts of the world, with the aim of comparing the modes of enforcement so as to benchmark and draw lessons to redress the public order management enforcement challenges in Uganda. As a result of the above analysis, the study surmises that the general motive of these laws, for instance, the Public Order Management Act, 2013 (POMA) is not questionable. The study concludes that Uganda needs a legislation as well as regulations to guide public order management although the same should be in line with internationally recognized tests on permitted limitations. Furthermore, the enforcers of the law should establish dialogue with the organizers of public assemblies regarding the safety of assemblies. Accordingly, the police oversight bodies should develop expertise and procure equipment to facilitate professional investigations into the unlawful use of firearms and unlawful conduct by its officers. The study further recommends that security agencies are held accountable according to the national law, as well as the international human rights principles and standards on policing; with CSOs continuously monitoring and evaluating the enforcement of these laws. It also recommends the need to strengthen the independence of the Uganda Human Rights Commission. The police, judicial officers and the general public should be trained on their human rights obligations and rights as spelt out in the Codes; CSOs should continuously monitor and evaluate the enforcement of the laws on public order management. The Minister should pass regulations on enforcement of the Public Order Management Act. Lastly, pursuant to the powers conferred under S.14 of the Act, the Minister should, by statutory instrument, make regulations to guide the implementation of the Act and to prescribe appropriate sanctions for officers who do not comply with the regulations.