A Legal Analysis of the Practice of Ratification and Domestic Incorporation of Human Rights Treaties in Uganda

PhD_L&P_Thesis_Peter Busiku
PhD_LP_Thesis_Peter-Busiku.pdf

The ratification and domestic incorporation of international human rights treaties represent important mechanisms through which states commit to the protection and promotion of fundamental rights. However, the extent to which these international commitments translate into effective domestic legal protections varies across jurisdictions. In Uganda, although the state has ratified several core international and regional human rights treaties, the processes through which these obligations are incorporated into domestic law and institutional practice remain uneven and insufficiently examined. This study therefore investigates the effectiveness of Uganda’s legal and institutional frameworks in the ratification and domestication of international human rights treaties.

The research addresses three principal questions: How effective are Uganda’s legal and institutional frameworks in the ratification and implementation of international human rights treaties; to what extent are Uganda’s domestic laws aligned with international human rights treaty obligations; and what are the implications of Uganda’s status as a State Party to international human rights treaties. A qualitative case study approach was adopted. Primary data were collected through semi-structured interviews with nineteen purposively selected participants drawn from key institutions involved in treaty governance, including government ministries, Parliament, legal practitioners, academia, and civil society organisations. Secondary data was obtained through documentary analysis of legislation, parliamentary debates, policy documents, and international human rights reports. Data was analysed using grounded theory techniques.

The findings indicate that Uganda has established formal legal and institutional frameworks governing treaty ratification and domestication, particularly through the Constitution of Uganda (1995) and the Ratification of Treaties Act. However, the effectiveness of treaty implementation is shaped by legislative delays, institutional coordination challenges, and varying levels of political commitment. The study demonstrates that treaty ratification should be understood as the starting point of a broader domestic implementation process requiring sustained legislative reform, institutional capacity, and engagement with international human rights mechanisms.


Item Type:
Doctoral Thesis
Subjects:
Law and Politics
Divisions:
No keywords
Depositing User:
Peter Busiku
Date Deposited:
2026-06-23 00:00:00