R. Kakungulu-Mayambala, Rukundo Solomon, Victor Phillip Makmot
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An Examination of the Legislative Limitations of Artistic Freedom of Expression in Uganda
Artistic freedom of expression is guaranteed under the 1995 Constitution of the Republic of Uganda and other international instruments. This paper examines its application in all forms of art including paintings, music, poetry, novels, and plays. The paper examines the different legislation used in the restriction of artistic freedom of expression. It argues that these restrictions are contrary to the guarantees of freedom of expression provided in the Constitution and in various regional and international instruments. Part I of this paper gives a historical background to artistic freedom of expression noting how it has been suppressed since colonial times. Part II examines international protection of artistic freedom of expression while Part III analyses the protection of artistic freedom of expression in Uganda as guaranteed by the Constitution. Part IV analyses the legislation limiting artistic freedom of expression and highlights how these are incompatible with international and local human rights standards. Part V puts forward the case for artistic freedom of expression. Finally, Part VI provides the conclusion.
期刊介绍:
The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.