Kwoyelo v. Uganda

Abstract

Human rights — Discrimination and unequal treatment — Applicant charged with offences arising from alleged activities during rebellion in northern Uganda — Amnesty Act — Applicant renouncing rebellion and seeking amnesty — Applicant denied amnesty under Amnesty Act — Amnesty Commission and Director of Public Prosecutions granting amnesty to others renouncing rebellion — Whether reasonable and objective criteria for denying applicant amnesty — Whether applicant victim of discrimination and unequal treatment under Amnesty Act — Article 21 of Constitution of Uganda

Relationship of international law and municipal law — Treaties — Customary international law — Crimes against international law — Amnesty — Legality and constitutionality of Amnesty Act — Constitution of Uganda — Uganda’s international law obligations — Whether Uganda violating Uganda’s obligations under international treaties ratified and implemented in domestic law — Geneva Conventions Act — Whether Amnesty Act inconsistent with Article 287 of Constitution of Uganda — Whether uniform international standards or practices prohibiting States from granting amnesty — Guarantees of constitutional independence of Director of Public Prosecutions and judiciary — Whether Amnesty Act infringing Articles 120, 126 and 128 of Constitution of Uganda — Whether Amnesty Act null and void under Article 2(2) of Constitution of Uganda

War and armed conflict — Non-international armed conflict — Rebellion in northern Uganda — Applicant charged with offences under Geneva Conventions Act — Amnesty Act — Legality and constitutionality of Amnesty Act — Applicant renouncing rebellion and seeking amnesty — Whether right to amnesty — Whether provisions of Amnesty Act inconsistent with Articles 120, 126, 128 and 287 of Constitution of Uganda — Whether Amnesty Act null and void under Article 2(2) of Constitution — The law of Uganda