EAJPHR Vol. 27, No. 2 (July 2021) (Special Issue on the Right to Freedom of Expression)

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EAJPHR Vol. 27, No. 2 (July 2021) (Special Issue on the Right to Freedom of Expression)

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FOREWORD by Director, Dr. Zahara Nampewo, and the Table of Contents

If you buy into the premise that expression is humanity’s way of dealing with its diversity, then the late Christopher Hitchens (British-born sociocultural critic) is to be applauded for defending the freedom of that expression. Right from our human form, diversity demands that we express ourselves for information that suits each unique human characteristic or preference. Other human diversitiescultural, social, biological, in addition to form and many othersmean that sensemaking, through expression, also takes a similar trend and this is why deliberating about freedom of expression is a neverending process. As long as one political, social, biological, physical, racial group stifles other diversities, there is a debate to be had. Premised on the necessary legal and policy frameworks at national and international levels, debate ensures that both the dominant and the oppressed voices appreciate free speech as a bedrock of human decency and a supporting structure of diversity sensemaking, the absence of which ushers, in human relations, the docile lifestyle of a proboscis monkey.

In the above spirit of debate, the Human Rights and Peace Centre (HURIPEC)
in partnership with the American Bar Association Rule of Law Initiative (ABA-ROLI) has put together this collection of articles on freedom of expression by authors from diverse academic backgrounds.

The first article by Hope Among and Emmanuel Okurut opens the debate with
an assessment of how the deafblind persons are mischaracterised within disability literature and how, in practice, they are bundled within groups with different disabilities in Uganda. As the article notes, there exists various ways through which the deafblind persons lose the right to selfexpression including: through exorbitant fees levelled against reading and hearing aids, lack of special schools for the deafblind persons as a result of illcategorisation, among others. Emmanuel Elau, on the other hand, examines
the right to freedom of expression within countries in the East African community while interrogating the losses and gains brought by the friction that comes as a result of the need to harmonise the Community with the national legal structures.

From the lens of freedom of public expression, Tabitha Mulyampiti and David
Lumu explore Ugandas gendered media landscape with an evaluation of how female journalists still lag behind in the newsroom in both content and positions of management. Danson Sylvester Kahyana, on the other hand, explores Ugandas university literature curricula, examining the extent to which the syllabi respond to freedom of expression. By virtue of the fact that creative writing offers a space for both the writer and the reader to imagine or historicise reality, Kahyana contends that students should debate in school the importance of freeing the spaces for artistic works.
Adolf Emmanuel Mbaine highlights how the Press and Journalist Act has
affected the profession of journalism. However, Mbaine also points out the gains of journalism practice, brought by the recent judgment by Justice Esta Nambayo at the expense of the errant statutory Media Council.
Emmanuel Olugbenga Akingbehin examines the right to free basic education
in Nigeria and draws comparisons with other jurisdictions like South Africa and India where the countries constitutions make it easier for the right to be defended in court.

Through this journal issue, HURIPEC highlights the trends and emerging
practices within the area of freedom of expression with the view of elevating the attention of the significance of this freedom for improved governance generally in the country.
We hope you enjoy the issue.
Zahara Nampewo
Director / Managing Editor
East African Journal on Peace and Human Rights
Human Rights and Peace Centre
School of Law, Makerere University.
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
FREEDOM OF EXPRESSION BY DEAFBLIND PERSONS IN UGANDA
Hope Among & Emmanuel Okurut . . . . . . . . . . . . . . . . . . . . . . . . 104

FREEDOM OF EXPRESSION IN THE EAST AFRICAN COMMUNITY:
ANALYZING THE LEGAL AND POLITICAL FRAMEWORK
Emmanuel Elau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

FREEDOM OF EXPRESSION AND THE GENDERED-MEDIA TERRAIN:
THE CASE OF WOMEN JOURNALISTS IN CONTEMPORARY UGANDA
Tabitha Mulyampiti & David Lumu . . . . . . . . . . . . . . . . . . . . . . . . 167

ASSESSING LITERARY STUDIES CURRICULA FOR FREEDOM OF
EXPRESSION RESPONSIVENESS IN UGANDAN UNIVERSITIES
Danson Sylvester Kahyana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

A CRITICAL ANALYSIS OF THE PRESS AND JOURNALIST ACT OF UGANDA
Adolf Emmanuel Mbaine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

THE JUSTICIABILITY OF THE RIGHT TO FREE BASIC EDUCATION IN
NIGERIA, SOUTH AFRICA AND INDIA: FROM OBSTACLE TO MIRACLE
Emmanuel Olugbenga Akingbehin . . . . . . . . . . . . . . . . . . . . . . . . . 235

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