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Muhindo 3 Ors v Attorney General (MISCELLANEOUS CAUSE No127 OF 2016)

High Court · [2019] UGHCCD 3 · 2019 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of constitutional rights seeking declaratory and mandatory orders regarding forced evictions and absence of procedural guidelines
Decision
Application partly allowed; Government ordered to develop eviction guidelines and report progress within seven months

Observed later treatment

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Holding

The High Court held that the absence of adequate procedures governing land evictions in Uganda constitutes a threat to, and can lead to, violations of the constitutional rights to life, dignity and property under Articles 22, 24 and 26 of the 1995 Constitution. The court ordered the Government of Uganda to develop comprehensive guidelines governing land evictions before, during and after the fact, with progress to be reported to court within seven months.

Outcome

Application partly allowed; Government ordered to develop eviction guidelines and report progress within seven months

Facts

The applicants filed an application for enforcement of constitutional rights arising from forced evictions across Uganda. Kiberu Ali's house in Mbuya was demolished by KCCA in July 2016 at night without notice, with indiscriminate use of tear gas resulting in loss of lives. Latim Alex's family occupied land in Rwamutonga village, Hoima District from 1968; in August 2014 they were forcibly evicted by Tibagwa Joshua with police and army presence, affecting over 200 people. Topoth Charles's family in Karamoja was displaced when Jan Magal & Co. Ltd commenced mining operations in 2013 with UPDF support, fencing off 63 square kilometers and denying locals access to land and water sources. Across all cases, evictions were conducted without adequate notice, procedural safeguards or compensation, resulting in loss of property, displacement, breakdown of family structures and denial of access to education and healthcare. Expert witnesses confirmed that Uganda lacks comprehensive guidelines governing evictions despite having a National Land Policy.

Issues

  1. Whether the application is properly before the court.
  2. Whether the absence of adequate procedure governing evictions is a violation of the right to life, right to dignity and the right to property under Articles 22, 24 and 26 of the 1995 Constitution of Uganda and binding international human rights law and standards.
  3. Whether the applicants are entitled to the remedies prayed for.

Orders

  • A declaration that the absence of adequate procedure governing evictions is a threat to, and can lead to violation of the right to life, right to dignity and the right to property under Articles 22, 24 and 26 of the 1995 Constitution of Uganda respectively.
  • An order compelling the Government to develop comprehensive guidelines governing land evictions before, during and after the fact.
  • An order that the Government embark on this process and report back on progress to court within seven months from the date of handing down this judgment.
  • The process of developing the Eviction Guidelines should be consultative and participatory, and the state should refer to the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement for guidance on best practices.
  • The second order sought (declaration regarding ICESCR obligations) was disallowed.
  • No order as to costs.

Rules and key headnotes

Constitutional Law — State Obligations — Right to Adequate Housing — Duty to Protect from Forced Evictions
Under Article 20(2) of the Constitution, it is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and freedoms of the individual and groups, and the State is therefore mandated to take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under the Constitution. The obligations under Article 20 also extend to private actors and therefore the State has the responsibility to protect people even in circumstances where the eviction is being carried out by a private developer.
Human Rights — Forced Evictions — Procedural Safeguards — International Standards
International human rights law requires Governments to explore all feasible alternatives before carrying out any eviction, so as to avoid, or at least minimize, the need to use force. When evictions are carried out as a last resort, those affected must be afforded effective procedural guarantees, which include: an opportunity for genuine consultation; adequate and reasonable notice; availability of information on the proposed eviction in reasonable time; presence of Government officials or their representatives during an eviction; proper identification of persons carrying out the eviction; prohibition on carrying out evictions in bad weather or at night; availability of legal remedies; and availability of legal aid to those in need to be able to seek judicial redress.
Land & Property — Evictions — Absence of Guidelines — Constitutional Violation
The absence of adequate procedures governing land evictions is a threat to, and can lead to violation of the right to life, right to dignity and the right to property under Articles 22, 24 and 26 of the 1995 Constitution of Uganda. The mere absence of eviction guidelines is in breach of Article 20(2) obligations to respect, protect and promote human rights and freedoms enumerated in Chapter Four of the Constitution.
Constitutional Law — Fundamental Objectives and Directive Principles — Social and Economic Rights
Under National Objective XIV, the State shall endeavor to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall in particular ensure that all development efforts are directed at ensuring the maximum social and cultural well-being of the people, and that all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits. It is the duty of the State to bridge the gap between the 'haves' and 'have nots' in the society and take proactive steps to ensure that social and economic rights of the people are given meaning and not to merely adopt a position of non-interference.
Human Rights — Forced Evictions — Human Rights Violations — Proportionality and Necessity
Forced evictions normally result in severe human rights violations, particularly when they are accompanied by use of force. The victims of forced evictions are put in life and health threatening situations and often lose access to food, education, healthcare and other livelihood opportunities. Any legal use of force must respect the principles of necessity (force should be used only if there is no other effective means of achieving a legitimate and pressing objective) and proportionality (the use of force should be proportionate to the legitimate objective to be achieved).

Legislation cited (10)

Cases cited (6)

  • Satrose Ayuma & 11 Others v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme and 3 Others (Petition No. 65 of 2010)
  • Port Elizabeth Municipality vs Various Occupiers (2005) (1) SA 217 (CC) 55
  • Social and Economic Rights Action Centre (SERAC) & Another vs Nigeria (2001) AHRLR 60 (ACHPR 2001)
  • Social Economic Rights Centre & Centre for Economic and Social Rights vs Nigeria, Com. No. 155/96 (2001)
  • Kepha Omondi Onjuro & others v Attorney General & 5 others [2015] eKLR
  • Government of the Republic of South Africa and Others vs. Grootboom and Others (CCT11/00) [2000] ZACC 19; 2001 (1) SA 46; 2000 (11) BCLR 1169

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Muhindo 3 Ors Vs Attorney General (MISCELLANEOUS CAUSE No127 OF 2016) 2019 UGHCCD 3 (25 January 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.