REMEDIES AWARDED BY THE COMMISSION.
According to Article 53 (2) of the Constitution, the Commission may, if satisfied that there has been an infringement of a human right or freedom, order;
(a) The release of a detained or restricted person;
(b) Payment of compensation or
(c) Any other legal remedy or redress.
Please note that Article 53 (2) (c) of the Constitution is couched in such broad terms as to give the Commission a wide latitude to do what ordinary courts of law are enjoined to do, by providing that the Commission can order “any other legal remedy or redress” and Commission should do so for ends of justice. This means that the Commission is empowered to award any other remedy which is stipulated in the Constitution e.g.
- An injunction and preventive measures to bar the commission of a wrong.
- Restitution – ordering the return of an article to its rightful owner.
- Declaration – making a formal statement intended to create, preserve, assert, or testify to or the decision on a question of law or rights. This is a discretionary remedy.
- Payment of Interest at designated rates depending on whether the claim is commercial in nature or non- commercial.
- Payment of costs – usually taxable by a the Registrar.
- Directing another body to act,
- Recommending another disciplinary body to conduct disciplinary Proceedings.
- Vacant possession; eviction etc…
Therefore, the tribunal can do virtually anything that facilitates the expeditious conclusion of the hearing, as long as what it does conforms with the principles of natural justice. Most importantly, legal technicalities are reduced to the barest minimum so that the complainant and the respondent fully understand what is going on, and the Commission counsel should be able to assist the tribunal to obtain useful information to assist in resolving the matter.
The Commission has made several decisions which have become precedents. These awards made are based on precedents/previous awards, decisions from other jurisdictions as well a facts of the particular case.
Any party who is dissatisfied with the judgment or ruling of the tribunal is at liberty to appeal against such judgment or ruling to the High Court.
CATEGORIES OF HUMAN RIGHTS VIOLATIONS.
The table below provides for recognized identification of human rights violations that corresponds with Articles in the Constitution of the Republic of Uganda 1995. It is not limited to Articles in the Constitution but includes all violations that are applicable as ratified by Uganda. The list of violations is by no means exhaustive and is as such inclusion of violations outside this list are welcomed.
It is important to note from the outset that there is a general obligation under Article 20 of the Constitution of the Republic of Uganda 1995 for all organs and agencies of the State and all persons to respect uphold and promote human rights. This is a positive duty for the State to ensure that it intervenes in actions of private individuals to prevent violations of human rights.