BISHOP STUART UNIVRSITY

NAME: KAMUSIIME JOSHUA

REG.NO: 19/BSU/LLB/029

COURSE UNIT: DOMESTIC HUMAN RIGHTS

LECTURER: PROFESSOR KASOZI

YEAR: IV

SEMESTER: II
Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. They apply regardless of where you are from, what you believe or how you
choose to live your life.

In the case of Rights trumpet and 2 ors vs AIGP Kasingye and 5 ors 2020, it was held that
human rights and freedoms are rights and freedoms which every person is entitled to.

Human rights are inalienable and inherent in all human beings simply because they are human
rights.

Kidnap is defined as to seize and take away( person) by force or fraud often with demand for
ransom.

Arrest is defined by black’s law dictionary as the seizure or forcible restraint especially
especially taking or keeping a person in custody by legal authority especially in response to
criminal charge.

The statement made by Marium Wangadya, Chairperson of the Human Rights Commission in
Uganda, regarding the issue of kidnapping and arrests in Uganda raises several important points.
Her view that most Ugandans are politicizing the issue and that most people who are arrested are
convicted warrants a critical discussion.

There is continued violations of the right to fair trial and effective remedy where a person is
entitled a fair and speedy hearing before an independent and impartial court as probide under
article 28(1) of the 1995 constitution of the republic of uganda.

It can be stated that kidnaps are associated with arbitrary arrests by security forces and detention
and disappearances of individual without due process which is aviolation of the right to personal
liberty and security of the person

Firstly, it is essential to acknowledge that Uganda has a history of political instability, which has
contributed to the current state of affairs in the country. Over the years, there have been
numerous reports of arbitrary arrests and kidnappings, especially targeting political opponents
and dissidents. This has led to a climate of fear and mistrust in the country, with many people
feeling unsafe and vulnerable.
However, it is also important to note that the issue of kidnapping and arrests in Uganda is not
solely political. Other factors, such as poverty, unemployment, and crime, also contribute to the
problem. It is, therefore, essential to address these underlying issues to address the problem
effectively.

It can be stated that targeted arrests and kidnapping are associated with and based with political
affiliations or perceived opposition to the government which violates a right to freedom of
expression, association as prescribed under article 29 of the 1995 constitution of the republic of
Uganda.

In the case of Kiiza besigye v Attorney general Cp no 13 of 2005 challenged the

constitutionality of the arrest and detention of Kiiza Besigye without trial. In that case there was
a violation of the right to personal liberty.

More still in the case of Nicholas opiyo v Attorney General CP no 258 of 2020 where
Nicholas Opiyo was arrested and detained by the security officers for money laundering in
which there was an allegation that his arrest was associated with political motivation and was
denied legal representation and court found out that his arrest was unlawful and ordered his
release from prison.

Regarding the Chairperson's statement that most people who are arrested are convicted, it is
crucial to examine the evidence supporting this claim. While it is true that Uganda has a high
conviction rate, there have been numerous cases of wrongful arrests and wrongful convictions in
the country. This highlights the need for the government to reform its judicial system to ensure
that justice is served fairly and equitably.
Finally, the issue of politicization is a complex one. While it is true that some people may be
politicizing the issue for their own gain, it is also true that politics plays a significant role in the
current state of affairs in Uganda. Therefore, any discussion of the issue must take into account
the political dynamics in the country.

In conclusion, the issue of kidnapping and arrests in Uganda is a multifaceted one that requires a
nuanced approach. While it is essential to address the political dimension of the problem, it is
also crucial to tackle the underlying factors that contribute to it. Additionally, the government
must take steps to reform its judicial system to ensure that justice is served fairly and equitably.