Description
FOREWORD by Director, Dr. Zahara Nampewo, and the Table of Contents
The right to freedom of expression, assembly, information and association are some of the fundamental rights to humanity. The international community has recognized the importance of these rights in several human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Similarly, many counties across Africa have translated these provisions into their national constitutions. Whereas this is a commendable development, in the recent years, the ability of citizens, academics, activists and the media to express themselves freely without intimidation has become increasingly curtailed, with these groups facing daily threats to their physical security for exercising their basic civil and political rights.Many are arbitrarily arrested and detained or otherwise intimidated for expressing opinions on social, political and economic issues.
It is notable that traditional methods of undermining freedom of expression,assembly, information and association are being replaced with new ones. In an ever-evolving political and technological landscape, there are new challenges that are threatening the enjoyment of these freedoms on the continent. For instance,governments are aware of the fact that old forms of media repression do not necessarily work: they attract international attention, bad press, and can unsettle a regime. As a result, they are adopting subtler forms of control to undermine press freedom. In this regard, several governments have made various attempts to use new laws to control these freedoms. All have raised arguments relating to public security and order to defend draconian legislation that criminalises free speech online. These can sometimes be even more insidious because they pass unnoticed. Uganda and Tanzania as two of the countries represented in this journal issue have not been spared by this regressive conduct.
In directly challenging the relapse in the enjoyment of the said four freedoms especially in light of the Covid-19 pandemic which has introduced new limits on expression and enjoyment of rights generally, the Human Rights and Peace Centre (HURIPEC) in partnership with the American Bar Association Rule of Law Initiative (ABA-ROLI) issued this special edition of the East African Journal of Peace and Human Rights (EAJPHR) to highlight recent trends, practices and emerging issues in the region impacting on the enjoyment of these freedoms with a focus on the situation in Uganda and Tanzania. This publication examines the state to which the rights to freedom of expression, association, information and assembly are respected by the countries in the East African region and beyond. It is part of HURIPEC’s effort to contribute to a society that respects and protects fundamental human rights.
We hope that the trends, practices and emerging highlighted herein will help to elevate the attention of the importance of these freedoms and influence policy and law reform for improved governance generally in the region.
Zahara Nampewo
Director / Managing Editor,
East African Journal of Peace and Human Rights,
Human Rights and Peace Centre,
School of Law Makerere University
Table of Contents
THE DISINFODEMIC AND FREEDOM OF EXPRESSION DURING THE COVID-19 PANDEMIC: AN ANALYSIS OF LEGISLATIVE TRENDS IN SOUTHERN AFRICA by Anganile Willie Mwenifumbo & Mwiza Jo Nkhata……………. 162
THE USE OF MUSIC AS A FORM OF ARTISTIC FREEDOM OF EXPRESSION IN UGANDA by R. Kakungulu-Mayambala & Solomon Rukundo……………… 182
THE SOCIO-ECONOMIC IMPACT OF COVID-19 PANDEMIC ON THE RIGHTS OF WOMEN IN AFRICA by Robert S. Esuruku, Adalbertus Kamanzi& Paulina Uugwanga……..202
SHOULD GOVERNMENT TWITTER HANDLES BE FREELY ACCESSIBLE? REFLECTIONS ON THE RIGHT OF ACCESS TO INFORMATION IN THE USA AND UGANDA by Anthony C.K. Kakooza……………………………….. 227
EXAMINING THE RIGHT TO FREEDOM OF ASSEMBLY IN UGANDA by Victor P. Makmot……………………………………. 241
THE ROLE OF COURTS IN THE PROTECTION OF FREEDOM OF EXPRESSION IN TANZANIA by Praisegod Millen Joseph………………………………. 265
FREEDOM OF EXPRESSION AND CAUSING ANNOYANCE TO A PERSON:LESSONS FROM THE MAURITIAN AMENDMENT TO THE INFORMATION AND COMMUNICATION TECHNOLOGIES ACT 2001by Roopanand Mahadew…………………………………. 281
THE IMPACT OF COVID-19 ON THE RIGHT TO FREEDOM OF EXPRESSION WITH SPECIFIC REFERENCE TO ENVIRONMENTAL PROTESTS IN UGANDA by Peter Davis Mutesasira & Samantha Atukunda K. Mwesigwa…….. 297iv
TWEET, BLOCK OR TOLERATE: A CRITICAL ANALYSIS OF THE HIGH COURT DECISION IN SEGUYA HILLARY INNOCENT TAYLOR v.ATTORNEY GENERAL OF UGANDA by Kasole Najib……………………………………….. 315
ENFORCED DISAPPEARANCE AS A MEANS OF CURTAILING FREEDOM OF EXPRESSION: THE CASE OF HUMAN RIGHTS DEFENDERS IN TANZANIA by Linah A. Aduda…………………………………….. 331
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