Social Sciences

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The Art of Oratory in Jurisprudence
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Lawyers often speak before adjudicators, city councils, planning commissions, and give talks to civic groups, business executives, or company employees. They even give media interviews on behalf of clients. For certain individuals, it falls into place without any issues. It’s a piece of their characters. In any case, for the individuals who aren’t sure or have stage dread can generally work on speaking and oratory skills. It’s progressively essential to be a viable open speaker if you mean to be a litigator. Judges and juries will anticipate it. Restricting insight will be prepared to jump if you need certainty or on the off chance that you continually slip up when making your contentions in court. It is a highstress condition and you should be agreeable introducing your case as well as having the option to think and react quickly when being tested by your appointed authority. For attorneys, this is significantly increasingly significant. Individuals believe that since you’re a legal counsellor, you’re consequently a dauntless and splendid open speaker. We legal advisors all realize this isn’t in every case valid. This desire, however, is one motivation behind why it’s progressively significant for legal advisors to have great talking abilities than it is for some other experts. As a legal advisor, it’s important that you realize how to convince an adjudicator or council, or address a gathering of professionals, investors, or meeting members.
Cannabis and Associated Medicinal Herbs in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Cannabis is a drug plant. People use the dried leaves, seed oil, and other parts of the cannabis plant for recreational and medicinal purposes. It can have a pleasurable effect and may soothe the symptoms of various conditions, such as chronic pain. It is prudent to say that the first written record of the plant consumption and growing is in South Africa. Jan van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from 1680. However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in 1700. Beginning in 1860, the Natal Colony began to import Indian workers (called "coolies" at the time) to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers; consequently, in 1870, Natal's Coolie Law Consolidation prohibited "the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant (Cannabis sativa) ..."
Comparative Studies of Orphans and Non-Orphans in Uganda
(Center for International Health and Development, 2004) Munaaba, Flavia; Owor, Joseph; Baguma, Peter; Musisi, Seggane; Mugisha, Frank; Muhangi, Denis
There are now in Uganda more than two million orphans, i.e. children under 18 years old who have lost one or both of their parents. Roughly one in every five children is an orphan and one in every four households in the country is caring for at least one orphan. As a follow-up to a Situation Analysis of Orphans in Uganda in 2002, this monograph presents six studies carried out by Ugandan researchers in 2003 and 2004 on different aspects of the orphan crisis about which the Situation Analysis found inadequate data. Five studies focused on the following: the comparative psycho-social situation of orphans relative to other children (two studies), the legal issues (such as property grabbing and abuse) which they face, suspected differential care-giving practices, and whether orphans face greater risk for sexually transmitted diseases (including HIV/AIDS). The sixth study conducted a comparative evaluation of an orphan support and intervention effort to determine its impact and to test a particular evaluation approach. The results of these studies have already contributed to the preparatory discussions and formulation of the Uganda National Policy on Orphans as well as to the Uganda National Strategic Program Plan of Interventions for Orphans which were produced in 2004.
Demystifying the Order from Above: Uganda versus the Attorney General, when the forces exceed their constitutional mandate
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
The law of criminal procedure lays down the machinery by which suspects are brought to court, tried and if found guilty, punished. Criminal procedure can also be defined as the means by which criminal law is enforced and involves the balancing of the liberty of the citizen against the interests of the community as a whole. The scope of criminal procedure extends over a wide perimeter from prevention and investigation of crime to prosecution and punishment of the offender. As far as human rights are concerned, every Ugandan citizen has a right to liberty. This presupposes that the freedom enjoyed by the citizens can only be limited according to the provisions of the law and anything done without heeding the same is said to be arbitrary. The Uganda Police Force is mandated under Section 4 of the Police Act to; protect the life, property and other rights of the individual, maintain security within Uganda, enforce the law, ensure public safety and order and detect and prevent crime in the society. In order to fulfill this mandate the Police is legally empowered to conduct arrests, searches and institute criminal proceedings. However, the in manner in which the Police has conducted numerous arrests over time, has left many Ugandans sceptical as to whether the Police is indeed a custodian of law and order. Many have witnessed brutal arrests of politicians, on television and in newspapers over time and even more recently when Police was dispersing people from political consultative sessions of presidential opposition candidates like Amama Mbabazi and Kiiza Besigye. The question that continues to linger is how should these arrests be conducted under the law? Benjamin Odoki, in his book, Justice: A Guide to Criminal Procedure in Uganda, 1990, analyses the aspect of arrests by the government. It discusses the procedure of an arrest as enshrined in the laws of Uganda, the rights of an accused person, a suspect and even a convict. The book, in principle, analyses the time before an arrest is carried out; the time and manner of the arrest; and the events that follow the arrest. The book discusses the Miranda rule that guarantees that persons detained by police will not be interrogated in a way that places them at a disadvantage. The book also explores the aspect of searches on people’s property; how and when these searches should be conducted in accordance with the law. The book demystifies the highly volatile discussion of use of reasonable force while carrying out arrests. It lays out the threshold of what amounts to reasonable force and envisages circumstances where force is necessary to effect and arrest. The book also sheds light on the fundamental presumption of innocence and how this presumption should ordinarily be treated. Consequently, the book highlights the abuses that have and can be occasioned following the disregard or misunderstanding of this notion. The book reviews the principle of preventive arrest in light of human rights and its use as a tool of oppression. The book also labours to demystify the difference between the different armed groups in the country. It majorly indicates the difference between the police and the army and how their roles are different. It postulates the instances where this thin line of difference has been overstepped by either group and how catastrophic this action has proven to be overtime. It elaborates on the Posse Comitatus principle that argues against any military intrusion into civilian affairs. The book also tries to put into perspective the different groups being formed and revived in the country in the guise of maintaining law, peace and order. These groups include the Local Defence Units, Crime preventers and the like. The book attempts to place them under the different laws promulgated for the governance of the people of Uganda. The book also concerns itself with the aspect of obtaining confessions and admissions from arrested persons for purposes of presenting the same as evidence before courts of law. There have been instances where arrested persons have been coerced into confessions which have led to false imprisonments. The book also discusses aspects of finding no case against arrested people and the notion of nolle proseque; and the aspect of compensation for the people that have been falsely convicted or wrongfully arrested. The book discusses the issue of liability for police brutality. It discusses the vicarious liability of the Government in civil proceedings as master and employer of police officers for acts of police officers done within the course of duty. The book also considers personal liability of Police officers for their reckless acts in law enforcement and the possibility of the Police opening up investigations and commencing criminal proceedings against its officers. As a bonus, the book briefly discusses part of civil law that is relevant to the issues enunciated above.
Depression and Suicidal Behavior in Uganda
(Makere University., 2005) Ovuga, Emilio
Depression and suicide ideation are prevalent in the general population but their recognition and detection in primary care is problematic. The present study investigated the reliability and validity of the RISLE and its potential use in detecting depressed and/or suicidal individuals in the general population. Methods of study Members of the general population in two districts of Uganda, Adjumani and Bugiri, and fresh students at Makerere University, participated in the study. Two pilot studies were conducted before the collection of data: at Makerere University among fresh students sampled from all faculties in 2001, and in each of the districts in the course of interviewer and research assistants’ training in 2002. Makerere University, Uganda National Council for Science and Technology and the Ethical Committee at Karolinska Institutet approved the study. The Dean of Students and the health and civic leaderships of the respective study sites granted further permission for the study. Analysis Data analysis comprised of general descriptive analysis. Principal component analysis and discriminant function analysis were used to refine the RISLE and construct a shorter 36-item version. Receiver operating characteristic curve was constructed to determine sensitivity and specificity of the short RISLE. The determination of sensitivity, specificity, predictive values, and likelihood ratios, and Cohen’s kappa values at several cut-off points were made to determine the level of agreement between the RISLE and clinical interview method as the gold standard in the study. Validity was assessed by comparing results obtained with the RISLE to results obtained with the 13- item Beck Depression Inventory (BDI) and the 21-item Beck Scale for Suicide ideation (BSS). Results Results revealed good concurrent validity and reliability of both the longer and shorter versions of the RISLE and high correlations between both versions. The probability of a correct detection of an individual with current depressive disorder was 79%, any current psychiatric disorder was 83% and past month suicidality was 83%. Cut-off points varied according to the nature of population studied. The cut-off point for the population in Adjumani district was 10 for any current psychiatric disorder, and 6 for any psychiatric disorder among students. Sensitivity and specificity of the RISLE at cut-off points 10 and 6 were 74.6% and 77.1%, and 88.1% and 60.4% respectively. Positive predictive values for current psychiatric disorder were 82.0% and 75.6% at cut-off points of 10 and 6 respectively. Agreement between the RISLE and clinical interview method was 0.508 at cutoff point 10 for the general population and 0.501 at cut-off point 6 for students. Thirty six percent of the respondents in the general population reported a lifetime experience of suicide ideation and 13% had experienced this in the previous week. The overall prevalence of probably clinically significant depression (BDI score of 20-39) in the general population was 17.4%. Higher rates of suicide ideation and depressed mood were found in females and residents of Adjumani district. Students entering Makerere University showed high prevalence of mental health problems. Conclusions The results of the present study show that the RISLE may be used in conjunction with clinical interview method in the detection and confirmation of individuals with current psychiatric illness and suicidal feelings in the general population. Further work is required to establish its worth as a screening device and its performance in different populations.
Development and social policy reform in Uganda: The slow emergence of a social protection agenda (1986-2014)
(Centre for Social Science Research University of Cape Town, 2014) Grebe, Eduard; Mubiru, John Bosco
This paper provides a broad overview of the evolution of development and welfare policy—and the politics surrounding—it in Uganda, but focuses primarily on the increasing prominence of social protection, especially cash transfers, on the domestic political agenda. It analyses both how and why the development and social policy agendas almost fully excluded social protection prior to 2002, but then increasingly embraced it, especially since 2006. Non-contributory social assistance in the form of cash transfers have not traditionally played a significant role in Ugandan development and poverty reduction policy, with policymakers tending to focus on economic growth as a source of prosperity (expected to extend to all sections of society), with opponents seeing cash transfers (and social assistance more broadly) as unaffordable and counter-productive ‘hand-outs’ that create dependence on the state and disincentivise productive work. From the early 2000s donors, sections of the bureaucracy and civil society promoted cash transfers with limited success. But after 2006, systematic promotion of cash transfers started to bear fruit, and from 2010 a largely donor-funded cash transfer pilot scheme known as the Social Assistance Grants for Empowerment (SAGE) programme has been implemented in fourteen districts (with a fifteenth added in 2013). The paper describes the evolution of Ugandan development policy and highlight the political factors that have in the past been obstacles to social protection programmes featuring prominently on the development agenda (including the predominant socio-economic development paradigm, negative elite attitudes, resistance from conservative technocrats and lack of familiarity among key decision-makers) and examine how these have increasingly been overcome by the proponents of social protection. While donors have played a critical role in the promotion of social protection and cash transfers, other actors—including civil society and social development bureaucrats—and macropolitical factors (including electoral competition, changing international development discourse, emerging evidence from other countries, etc.), have also contributed to increased domestic political support. We conclude that the very existence of SAGE and the politics surrounding the pilot indicate a significant change in attitudes among a large proportion of policy-makers, including some historically sceptical technocrats, and political leaders, but that resistance is likely to continue from certain quarters and that the future of cash transfers remains uncertain.
Digital Money: the law of cryptocurrency and cryptography
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Ordinarily, a cryptocurrency is a digital currency. Crypto currencies are digital assets that are designed to effect electronic payments without the participation of a central authority or intermediary such as a Central Bank or licensed financial institution. It is a medium of exchange that is in the form of digital asset and is designed to use strong cryptography in securing financial transactions; the control of creating additional units; and verifying asset transfer. Put more simply, it is a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority. Cryptocurrencies’ may have an effect of bypassing the traditional established centralized systems of money transaction control and this factor has to some minor extent contributed to the skepticism that some economies have towards adopting this trend. In the making of Bit coins, the framers envisioned a world here people would use this digital currency for almost all transactions. No wander still, that the traditional banking system wants to control or eliminate bitcoin. Despite the skepticism surrounding Bitcoins, some countries have endorsed it. El Salvador was the first country to use bitcoin as legal tender, alongside the US dollar.1 Japan and the U.K have also gone miles in promoting the using of bitcoins. Bitcoins being virtual and secured by cryptography, gives another important bypass to common day challenges in the money market like counterfeiting and double spending. They fall under a decentralized system based on block chain technology.
Equal Opportunity, Age-Based Discrimination and the Rights of Elderly Persons in Uganda
(Human Rights and Peace Centre, 2008) Oloka-Onyango, J.
Average life expectancy for Ugandans is currently estimated at 50 years for both men and women. Nonetheless, with developed healthcare systems and social conditions, there are telling indicators that a signiicant number of Ugandans live and will continue to live well beyond this age. By 2002, older persons constituted 4.6% of the total population. Whereas older persons are recognized among the category of marginalized groups in Uganda, they continue to receive minimal attention in comparison to others such as women, children, people with disabilities and the youth. Advocacy of the rights of older persons in Uganda is lackluster. Most support offered to them is largely paternalistic. Social security also remains elusive, given that the majority of them do not actually qualify for such schemes having been mainly employed in the informal sector. For these reasons, older persons are regarded as unproductive and helpless and yet recent studies reveal that they are a major resource on history, traditional knowledge, health and culture. Older persons have also played an important role as the mediators of conlicts and disputes. Most importantly, older persons have been crucial in addressing the HIV/AIDS pandemic, protecting orphans and caring for those infected and affected.
The Executive Constitutional Mandate: demystifying the fountain of honor; Presidential powers overreach in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
he first thing I would like to ask my readers is to imagine a different President in office. If they support the current President and believe those who oppose him are doing so for partisan or otherwise illegitimate reasons, they should visualize a President whom they completely distrust. Conversely, if they dislike the current President, they should conceive of the President in power as someone they support and that those opposing him are acting illegitimately. This exercise is helpful, I believe, for focusing attention on the underlying constitutional issues rather than upon the wisdom, or lack thereof, of a particular President’s policies. Views as to whether or not an exercise of presidential power is legitimate tend to be based less upon legal abstractions than upon perceptions of the particular President in power. Someone supporting a particular President, for example, is likely to believe that parliament should not have the power to interfere with the President’s unilateral decision to send troops into armed conflict or that parliament should not have the authority to demand the President to extend or remove his term limits. Conversely, someone who believes a President’s agenda is improperly motivated or ill-advised is more likely to support constitutional principles that provide significant checks and balances upon the President’s exercise of power. In this way, views on presidential power tend to be more variable than views on other constitutional issues because they intuitively relate to who is in power in a way that views on other controversial constitutional issues such as freedom of speech and assembly, or freedom of religion do not. For this reason, this book on presidential power is well timed. Because the question of who will hold the Presidency after the next election should always be much in doubt, this is the perfect opportunity to examine the nature of presidential power as an abstract matter, rather than as a criticism or as an apologia of a specific President’s actions. This is what I intend to do in this book. Specifically, I contend that the power of the Presidency has been expanding since the founding, and that we need to consider the implications of this expansion within the constitutional structure of separation of powers. No matter which party controls power. This book makes the descriptive case by briefly canvassing a series of factors that have had, and continue to have, the effect of expanding presidential power. It further suggests this expansion in presidential power has created a constitutional imbalance between the executive and legislative branches, calling into doubt the continued efficacy of the structure of separation of powers set forth by the Framers. The book offers some suggestions as to how this power imbalance can be alleviated, but it does not present a silver bullet solution. Because many, if not all, the factors that have led to increased presidential power are the products of greed and selfish needs. Thus, this book ends with only the modest conclusion that regardless of who wins the Presidency, it is critical that those on both sides of the aisle work to assure that the growth in presidential power is at least checked, if not reversed.
Fashion, Design and Entertainment Law in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Fashion is literally defined to mean a popular or the latest style of clothing, hair, decoration or behaviour. Fashion law can be defined as an amalgamation of various kinds of laws, viz, contract law, employment law, consumer protection law, but most importantly intellectual property law, which can be regarded as the major tenet of fashion law. It also includes related areas such as textile production, modelling, media and the cosmetics and perfume industries. It is a specific field of law that deals with legal issues that impact the fashion industry. Fashion is a popular aesthetic expression in a certain time and context, especially in clothing, footwear, life style, accessories, make up, hairstyle and body proportions. A trend often connotes a specific aesthetic expression and often lasting shorter than a season. Style is an expression that lasts over many seasons and is often connected to cultural movements and social makers, symbols, class and culture. Fashion is generally transient of short lasting in nature and involves continuous change.
The Female Genital Mutilation Economy and the Rights of the Girl Child in Northeastern Uganda
(Springer, Cham, 2017) Ochen, Eric A.; Musinguzi, Laban K.; Nanfuka Kalule, Esther; Ssemakula, Eugene G.; Kukundakwe, Rebecca; Opesen, Chris C.; Bukuluki, Paul
Financial liberalization and its implications for the domestic financial system: The case of Uganda
(African Economic Research Consortium, 2003) Kasekende, Louis A.; Atingi-Ego, Michael
This paper presents an analysis of the impact of financial liberalization on the conduct of banking business and its impact on the real sector. Survey results show that the overall assessment by commercial banks of financial sector liberalization is positive. Financial sector reforms and interest rate deregulation appear to have engendered efficiency gains in the banking industry and consequently growth of credit to the private sector is increasing. The econometric results also reveal that increased credit to the private sector appears to be leading economic growth. However, increased credit allocation to the private sector should not compromise monetary policy objectives. The study also recognizes the dualistic nature of the financial system in Uganda and proposes as a policy recommendation the linkages of the banking system with micro-credit institutions as one way of enhancing financial intermediation in order to promote economic growth.
Freedom through law
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
“If the legal system or a particular law is wrong or not good enough, and should be changed: if that is against the law, then the law is an ass – an idiot….” said of a law that one thinks is unnecessary or ridiculous. The phrase comes from Charles Dickens Novel, Oliver Twist. This opinion was expressed by Mr. Bumble, when he learned from Mr. Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. His words and action vividly convey the extent of his indignation when he apprised of this legal fact, if that’s the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience. (Resonate with changing society) This is the very purpose of this book. The law should be seen to resonate with changing society not a dogma for if we fail to do so then to use Shakespeareʼs exact line by the famous plotter of treachery “ the first thing we do, letʼs kill all the lawyers” this was stated by Dick the Butcher, in Henry VI part II, Act IV, Scene II, LINE 73 Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society. It is among Shakespeareʼs most famous lines, as well as one of his most controversial. Shakespeare may be making a joke when character “Dick the Butcher” suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers. Dick is a rough character, a killer as evil as his name implies like the other henchmen, and this is his rough solution to his perceived societal problem. The line has been interpreted in different ways: criticism of how lawyers maintain the privilege of the wealthy and powerful; implicit praise of how lawyers(law) emphasis added stand in the way of violent mobs; and criticism of bureaucracy and perversions of the rule of law under THE NAME OF DOGMA
Frontiers of Phonology: Atoms, Structures, Derivations
(Routledge, 1995) Durand, Jacques; Katamba, Francis
Atoms, Structures, Derivations is a collection of essays that present a selective overview of recent trends in the linguistic analysis of sound structure. During the 1970S and the 1980s a fairly radical reconfiguration of the field of phonology took place, largely against the backdrop of Chomsky and Halle's The Sound Pattern of English (1968), hereafter abbreviated as SPE. The need to move away from the spartan approach to phonological representations advocated in SPE is now universally accepted but the range of solutions provided within current frameworks can be quite confusing for the non-specialist. Our aim is not to attempt to provide an exhaustive, panoramic coverage of the entire field, but rather to explore theoretical issues in three core areas of phonological theory from a number of different perspectives. The questions fall into three broad categories
Handbook on Participatory Methods for Community-Based Projects: A Guide for Programmers and Implementers Based on the Participatory Action Research Project with Young Mothers and their Children in Liberia, Sierra Leone, and Northern Uganda
(PAR Project, 2010) Onyango, Grace; Worthen, Miranda
Participation” is a word that has been used in child protection and development circles for many years. The term has come to mean everything from a token consultation with a benefi ciary group to full-scale participation by affected ommunities in program development, implementation, and evaluation. In this handbook, we will be describing methods at this further end of the spectrum – that is, highly participatory approaches. Participatory Action Research (PAR) is one type of participatory methodology that is designed not only to achieve social change for a group or in a community, but also to document and learn from that process through research. PAR actively involves the target participants in a process to improve their situations. Participants become the “program designers” and “researchers” as they identify and implement solutions to the obstacles to achieving full participation in their community. Participants are key actors as evaluators of the project, refl ecting on how well the process has helped them reach their stated goals. This process whereby participants engage in self-refl ective inquiry into their own situations, identify problems and possible solutions, implement the solutions, and evaluate the project is an iterative one – as new problems or obstacles are recognized, approaches to addressing the problems are developed and implemented. Unlike traditional program design that is agency-centric where a problem is identifi ed, then a program is implemented, and after implementation, the program is evaluated, PAR offers multiple opportunities to develop and build upon what is learned throughout the process of implementation with the participants taking center stage.
The Law of Forensics: a proof beyond the shadow of doubt
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
This book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analyse the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminology who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom.
The Law of Oil and Gas in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
The nature of oil and gas is one that is wide. As an industry, it covers very many areas of the economy and the social structure. It is concerned with the community; the people who are affected by the work it does. This is because the industry must acquire land or work side by side with the communities in order to extract oil. In this process, the industry must be careful to establish a working relationship between themselves and the communities concerned. The oil and gas industry also concerns the environment and its sustainability. This paper found that the work carried out by the oil and gas sector has a direct impact on the well-being of the environment. Poor working mechanisms could potentially harm the environment. The industry can pollute air, land and water bodies thereby choking the surrounding environments of their existence and well-being. The industry is also concerned with the welfare of its own workers. It must be able to respect and uphold their health and safety while at work or risk facing court cases that will usually require compensation. The Oil and Gas sector is comprised of numerous contracts that must exist to set the project into action. These contracts are principally between the IOC and the state that owns the resource. They can also be contracts between the IOCs and different subsidiary companies whose role is to carry out certain activities that the IOC could not carry out on its own. The oil and gas mining is a venture that takes up a long amount of time. The bringing of oil to fruition can take years of hard work and as such, there is an investment that must be made at the early stages. This investment can only be regained at the end of the exhaustion of the project. This is why the sector is very sensitive to changes in laws and taxation regimes as we know them. If these changes occur to the sector without rightful insurance, it becomes difficult to see the possibility of reaping from the sector. The exploitation of Oil and Gas has extensive bearings upon the Communities where the oil is situated. The settlers in the Albertine region have so far been affected by the exploration stages of production. Some have been asked to relocate, with or without compensation. Some have been resettled to other parts in the country for purposes of exploration. This is because of the effects the processes of the mining could potentially have on their health and the environment at large. The environment and climate are usually not spared in this too and as such, many measures must be put in place to preserve the environment as much as is possible during these processes of exploitation of the resource. These measures include the passing or updating of laws concerned with environmental management, and ratifying of international instruments that protect the same. Also, the production of Oil undergoes different stages of production. The Upstream which entails the exploration and drilling of the oil; midstream which is concerned with transportation of this oil to refineries for purifying; and then downstream which is concerned with the marketing and sale of the product. All these processes will in essence require a lot of contracts with many different organisations and many subcontracts as well. Some are straight up necessary; others are required by the law. All these factors; numerous contracts, upfront investment, long life span, sensitivity to change in laws and tax regimes, climate and community impact and different stages of production; increase the chances of disputes arising. Indeed, any of the mentioned factors has led to disputes that have required settlement. Oil exploration started way back in the early 347 AD in China. In East Africa, oil exploration started in the early 1930s by the British colonialists. The discovery of oil in South Sudan, in 1987 brought many prospects of oil discoveries in East Africa. 2006 massive oil reserves were discovered on the Ugandan shores of Lake Albert. However, the discovery of oil in Uganda is traceable far back before independence. Oil exploration activities were started in the 1920s by W.J. Wayland, a Colonial Government Geologist of the British Protectorate. The first well was drilled at a place called Butiaba-Waki in 1938. However, the activities did not solemnize due to the outbreak of the Second World War in the 1940s and the political instabilities of in the 1960s -1970s. These activities were resumed in 1983, leading to confirmation of the presence of oil in reasonable commercial reserves. The first recoverable oil discovery was made in 2006 by Hardman Petroleum and Energy Africa (now Tullow Oil) in Mputa-1 well Kaiso-Tonya. This brings the total discoveries of oil in Uganda to 21 to date. Oil and Gas Exploration in Uganda is currently taking place in the Albertine Graben region. This is part of the East African Rift System and runs along Uganda’s western border with the Democratic Republic of Congo (DRC). It is 500 km long and estimated to be 45 km in width. Amount of oil estimated to have been discovered is 6.5billion barrels. (I barrel is equivalent to 159 liters). Out of which 1.4 billion barrels is estimated as recoverable. The area explored presently represents less than 40% of the total area with the potential for petroleum production in the Albertine Graben and only 12% is licensed. There is therefore potential for additional petroleum resources to be discovered in the country when additional exploration is undertaken. It is important to note that not all that oil will be discovered. Globally, an average of 20%-30% of oil in place recovered economically using the available technologies.
The Law of Penology and Criminology: "I can't breathe", a legal philosophical appraisal of the need to harmonize the law in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
“If a law is unjust, a man is not only right to disobey it, he is obligated to do so as a test of legal validity, any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority “Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.” ~ Isaiah 10:1 Recent developments in the law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even inflation and defense. As the sense of urgency intensifies, the desperate search for answers quickens. Virtually every day, a politician, editorial writer, or criminal justice professional offers a new prescription for ending crime. I believe the discussion currently raging over justice issues can best be understood by focusing upon a central question: Must we compromise the most basic values of our democratic society in our desperation to fight crime? I have elsewhere considered the implications of this question for issues of criminal responsibility and for policy choices in the administration of justice. In this book, I will examine the ways in which different answers to this fundamental question can affect the development of legal doctrine, particularly with respect to the constitutional rights of those accused of crime. Proﬁciency in law involves a number of different skills and competencies. It requires knowledge of the rules wherein the elements of criminal offences are to be found. It requires knowledge of the rules of evidence and procedure. It requires an ability to identify the rule(s) applicable to a fact situation and to apply them logically and coherently. Attaining these latter competencies is necessary to discharge effectively the day-to-day tasks of a criminal lawyer solicitor, advocate or judge. However, true mastery requires something further. It requires also a critical and evaluative attitude. The law in action is not just a matter of doctrine, it has its purpose that is the delivery of justice and criminal justice which are a contingent outcome in which rule, process and context all play their part. It is not simply a logical description of what happens when rule meets (prohibited) event. Understanding the law requires, therefore, an appreciation of the day-to-day workings and constitution of the criminal justice system. Moreover, it requires an understanding of the resources of the criminal law to produce substantive justice. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale. Understanding this rationale is also, therefore, a necessary preliminary to understanding the law itself since it will inform a realistic appreciation of what can be argued and what cannot. At its most basic, to know what the law is may require an understanding of how to produce cogent and principled arguments for change. This book seeks to examine the rules of the law in an evaluative context. It concerns itself with what makes a crime, both at a general theoretical level and at the level of individual offences. It addresses what the law is and, from the point of view of the ideas, principles and policies informing it, also what it ought to be. We will explore some general matters which will help to inform such an evaluative attitude, the principles and ideas informing decisions to criminalize will be considered. What is it, say, which renders incitement to racial hatred a criminal offence, incitement to sexual hatred a matter at most of personal morality and sexual and racial discrimination a subject of redress only under the civil law? This book examines punishment and the theories used to justify it. Although this is the subject-matter of its own discrete discipline, namely penology, some understanding is necessary for the student of law. It provides a basis for subjecting the rules of criminal law to effective critical scrutiny. If we have a clear idea of why we punish, we are in a position to determine, for example, what fault elements should separate murder from manslaughter, or indeed whether they should be merged in a single offence. Without such an idea our opinions will, inevitably, issue from our prejudices rather than our understanding. Individual offences themselves are covered and although elements of these offences vary, they have certain things in common. In particular, they require proof of some prescribed deed on the part of the offender unaccompanied by any excusing or justifying condition, together with a designated mental attitude, commonly known as guilty mind. Since this model of liability (conduct–consequence–mental attitude–absence of defense) is fairly constant throughout the criminal law these separate elements and the ideas informing them will be explored in before we meet the offences themselves, so as to avoid unnecessary duplication. Finally, we will examine how criminal liability may be incurred without personally executing a substantive offence, whether by participating in an offence perpetrated by another or by inciting, attempting or conspiring to commit a substantive offence. Before tackling these issues we will, examine some general issues pertinent to understanding the law and its operation, concentrating, in particular, upon the philosophy, workings and constitution of the justice system.
The law of sports and entertainment in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Sports can be defined as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. According to the Oxford Dictionary, sport is an amusement, diversion, fun, pastime and game. Sports have been differentiated from games on the basis of the high physical skill factor they involve, and a sociologist has defined sport as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. Others define, sport, as a combination of physical and mental activity, governed by a set of rules or customs with social, educational and cultural dimensions. According to Bellis Mary, the documented history of sports goes back to at least 3000 years. In the beginning, sports often involved preparation for war or training as hunters which explain why so many early games involved throwing of spears, stones and rocks and sparring one on one with opponents. The physical activity that developed into sports had early links with ritual, warfare and entertainment. As far back as the beginning of sport, it was related to military training. For example, competition was used as a means to determine whether individuals were fit and useful for services. With the first Olympic Games in 776 BC that included events such as foot and chariot races, wrestling, jumping, discus and javelin throwing the ancient Greeks introduced formal sports to the world.
The law on professional malpractice in Uganda
(Jescho Publishing House, 2022) Lubogo, Isaac Christopher
Professional malpractice refers to negligence or misdeeds by many professionals such as doctors, dentists, chiropractors, optometrists, nurses’ architects, engineers. Professional misconduct seems to be a topic in daily news headlines. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on lawyers, pastors, judges, accountants and engineers, traditional medical practitioners, doctors and all other experts to perform their jobs prudently. They are entrusted with the sacred duty of preserving virtues of life, promoting justice for the oppressed, protecting health, offering penance to those who repent. However, these people instead act contrary and thus the term Professional misconduct. States governed by their various laws provide solutions to the violations conducted by these professionals. The law of Professional Misconduct aims at addressing professional negligence, creating a forum for redress mechanisms, promoting accountability, fostering patient safety and providing quality services. Meaning of Professional. The word Professional means practicing of a learned art in a characteristically methodological, courteous manner.1 It should be noted and recorded that every profession is guided by a code of conduct of ethics and headed by an overall or regulatory body. The conduct of conduct sets the standard of minimally accepted conduct within their profession. They act as a guide to ensure right and proper conduct in the daily practice of the profession.

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