Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa

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dc.contributor.advisorCorder, Hughen_ZA
dc.contributor.advisorChirwa, Danwood Mzikengeen_ZA
dc.contributor.authorSewanyana, Livingstoneen_ZA
dc.date.accessioned2014-11-11T07:01:04Z
dc.date.available2014-11-11T07:01:04Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractUganda, like many other sub-Saharan African countries, has experienced a rapid increase in the number of NGOs since the 1990s. This growth can be attributed to the democratic reforms introduced by the National Resistance Movement (NRM) Government since 1986. Among these reforms was the promulgation of the Uganda Constitution, 1995, with an extensive bill of rights. The increase in NGO activities brought two important challenges: the challenge of their legitimacy and competition for political space. The Uganda Government reacted by imposing a state-led NGO regulatory framework seemingly to ensure the accountability and transparency of NGOs. This thesis investigates the existing regulatory models for NGOs and explores possible reforms to establish an appropriate NGO regulatory framework that upholds internationally accepted human rights principles in Uganda. The thesis investigates these issues within the historical context of Uganda and Africa in general, as well as theories of democracies that stresses participation, accountability and respect for individual liberties, in particular, the right to freedom of association. The thesis concludes that the regulatory framework of NGOs in Uganda does not meet the basic requirements for the right to freedom of association as provided in Uganda's Constitution, and the international and regional human rights treaties to which Uganda is a party. The thesis finds that Uganda's NGO regulatory framework is controlling, and burdensome, and does not create a conducive environment for inclusiveness and public participation. The thesis proposes a state-NGO led regulatory model that allows for self-regulation alongside minimal state regulation of NGOs. This model would entail the establishment of an autonomous NGO regulatory authority in Uganda composed of members selected autonomously by NGOs and 'decriminalisation' of NGO activities, reducing the powers of the state-led regulatory model, and increasing the involvement of NGOs in the state-led regulatory framework.en_ZA
dc.identifier.apacitationSewanyana, L. (2014). <i>Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/9538en_ZA
dc.identifier.chicagocitationSewanyana, Livingstone. <i>"Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/9538en_ZA
dc.identifier.citationSewanyana, L. 2014. Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Sewanyana, Livingstone AB - Uganda, like many other sub-Saharan African countries, has experienced a rapid increase in the number of NGOs since the 1990s. This growth can be attributed to the democratic reforms introduced by the National Resistance Movement (NRM) Government since 1986. Among these reforms was the promulgation of the Uganda Constitution, 1995, with an extensive bill of rights. The increase in NGO activities brought two important challenges: the challenge of their legitimacy and competition for political space. The Uganda Government reacted by imposing a state-led NGO regulatory framework seemingly to ensure the accountability and transparency of NGOs. This thesis investigates the existing regulatory models for NGOs and explores possible reforms to establish an appropriate NGO regulatory framework that upholds internationally accepted human rights principles in Uganda. The thesis investigates these issues within the historical context of Uganda and Africa in general, as well as theories of democracies that stresses participation, accountability and respect for individual liberties, in particular, the right to freedom of association. The thesis concludes that the regulatory framework of NGOs in Uganda does not meet the basic requirements for the right to freedom of association as provided in Uganda's Constitution, and the international and regional human rights treaties to which Uganda is a party. The thesis finds that Uganda's NGO regulatory framework is controlling, and burdensome, and does not create a conducive environment for inclusiveness and public participation. The thesis proposes a state-NGO led regulatory model that allows for self-regulation alongside minimal state regulation of NGOs. This model would entail the establishment of an autonomous NGO regulatory authority in Uganda composed of members selected autonomously by NGOs and 'decriminalisation' of NGO activities, reducing the powers of the state-led regulatory model, and increasing the involvement of NGOs in the state-led regulatory framework. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa TI - Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa UR - http://hdl.handle.net/11427/9538 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9538
dc.identifier.vancouvercitationSewanyana L. Towards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africa. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9538en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleTowards an enabling NGO regulatory framework in Uganda: comparative experiences from Eastern and Southern Africaen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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