An article by Hon. Mutaryebwa Edgar

THE STATE’S OBLIGATION TO PROTECT RIGHTS OF THE ACCUSED IN

UGANDA.

In Uganda, safeguarding the rights of accused persons is both a constitutional and legal
requirement. The state has a duty to ensure that anyone facing criminal charges is treated fairly,
with dignity, and in accordance with established principles of justice. This responsibility arises
from obligations under both international human rights law and domestic legislation.
At the international level, Uganda is a signatory to instruments such as the Universal Declaration
of Human Rights and the International Covenant on Civil and Political Rights, which obligate
states to respect, protect, and fulfil the rights of all individuals, including those accused of
offences. These instruments underscore the importance of due process, the presumption of
innocence, and protection against arbitrary detention or cruel, inhuman, or degrading treatment.
The state’s obligation to protect rights and freedoms derives from the International Bill of
Rights, developed in response to the aftermath of World War II. Consistent with this obligation,
Chapter IV of the Constitution establishes mechanisms to safeguard individual rights in criminal
trials. Accused persons, like all citizens, are entitled to the full protection of their rights and
freedoms. Within the international human rights framework, the state bears a duty to ensure these
rights are both promoted and effectively protected.
As Karolina Kremens observes, ‘the protection of the accused remains invariably in the interest
of all civilized systems of law, and all legal systems provide certain standards for the rights of
the accused. These rights guarantee that where criminal proceedings are conducted, no harm
shall be inflicted upon the alleged offender and his right to a fair trial will be safeguarded’ 1
According to Black’s Law Dictionary (9th edn, 2009) 809 2 , human rights are defined as “the
freedoms, immunities, and benefits that, according to modern values, all human beings should be
able to claim as a matter of right in the society in which they live.” These rights are universal, as
they derive from the inherent dignity of every human being, irrespective of race, colour, sex,
ethnic or social origin, religion, language, nationality, age, sexual orientation, disability, or any
other distinguishing characteristic. Because they are recognised by all states and peoples, human
1 Karolina Kremens, ‘The Protection of the Accused in International Criminal Law According to the Human Rights
Law Standard’ (2011) 1 Wrocław Review of Law, Administration & Economics 26, 26.
2 Black’s Law Dictionary (Bryan A Garner ed, 9th edn, Thomson Reuters 2009) 809.

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rights apply equally and indiscriminately to every person and remain the same for everyone
everywhere
International human rights law developed in the aftermath of the Second World War as a means
of preventing the recurrence of past atrocities by establishing a universal framework of
fundamental rights. Although not easily defined with precision, it is generally understood as a
body of law that guarantees every individual inalienable and enforceable rights, thereby
protecting them against state overreach and abuse of governmental power 3 .
In the context of accused persons, international human rights law asserts that all individuals,
regardless of the accusations against them, are entitled to due process, fair treatment, and the
protection of their fundamental freedoms. This ensures that their basic rights and dignity are
respected within the justice system 4 . The United Nations, since its establishment in 1945, has
played a pivotal role in this framework, primarily through the adoption of treaties, conventions,
and declarations that set guidelines and obligations for safeguarding essential rights at both
national and international levels
The international human rights framework, as established under the Universal Declaration of
Human Rights, obliges member states to create mechanisms for the recognition and enforcement
of human rights. These mechanisms are empowered and supported by law to administer justice
effectively. Under international law, states are required to respect, protect, and fulfil human
rights.
The government bears the primary responsibility for ensuring these rights are upheld by
establishing the conditions necessary for their effective exercise. It is important to note, however,
that the state does not confer these rights; they inherently belong to every individual by virtue of
birth. In line with these obligations, Uganda has recognized, promoted, and protected the rights
of accused persons. Article 20 of the 1995 Constitution of the Republic of Uganda provides that
‘Fundamental rights and freedoms of the individual are inherent and not granted by the State’ 5
This provision underpins Chapter Four of the Constitution, which outlines the nature of human

3 UN Office of the High Commissioner for Human Rights, 'International Human Rights Law'
https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law
4 UN Office of the High Commissioner for Human Rights, 'International Human Rights Law'
https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law
5 Article 20 of the 1995 Constitution of the Republic of Uganda

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rights and the mechanisms for their protection by the government and society at large. This
principle was considered in Rev. Christopher Mtikila v Attorney General of Tanzania, where
Lugakingira J held that ‘fundamental rights are not gifts from the State. They inhere in a person
by virtue of birth and exist independently of the State and the law’ 6 This, in consideration with
several other legal instruments from the international human rights framework, creates
obligations unto government agencies to uphold rights, inclusive of the rights and freedoms of
the accused persons

In conclusion, Uganda’s duty to protect the rights of accused persons is firmly anchored in both
international human rights law and the nation’s constitutional framework. By enshrining inherent
rights in Chapter Four of the 1995 Constitution and adhering to international instruments such as
the Universal Declaration of Human Rights and the International Covenant on Civil and Political
Rights, Uganda affirms that fundamental freedoms cannot be subordinated to state authority.
Protecting the rights of accused persons upholds the principles of due process, fairness, and
dignity, while also reinforcing the legitimacy and credibility of the criminal justice system.
Consistent respect for these rights is therefore essential to advancing justice, human rights, and
the rule of law in the country.

REFERENCES
The 1995 constitution of the Republic of Uganda
Universal Declaration of Human Rights
the International Covenant on Civil and Political Rights
UN Office of the High Commissioner for Human Rights, 'International Human Rights Law'
https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law
Rev Christopher Mtikila v Attorney General of Tanzania (Civil Case No 5 of 1993) (Tanz HC).

6 Rev. Christopher Mtikila v Attorney General of Tanzania (Civil Case No 5 of 1993),

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Karolina Kremens, ‘The Protection of the Accused in International Criminal Law According to
the Human Rights Law Standard’ (2011) 1 Wrocław Review of Law, Administration &
Economics .
Black’s Law Dictionary (Bryan A Garner ed, 9th edn, Thomson Reuters 2009) 809.