The right of peaceful assembly under Article 21;
The right to freedom of association with others under Article 22;
The right and opportunity to take part in the conduct of public
affairs, directly or through freely chosen representatives under
Article 25.
70. Needless to say that the above Covenant is binding on the Republic
of Uganda because it has signed and ratified the same.
71. The Fifty-ninth Session of the United Nations’ General Assembly of
23rd March, 2005 declared that “the essential elements of democracy
include respect for human rights and fundamental freedoms, inter
alia freedom of association and peaceful assembly and of expression
and opinion, and the right to take part in the conduct of public
affairs, directly or through freely chosen representatives, to vote
and to be elected at genuine periodic free election by universal and
equal suffrage and by secret ballot guaranteeing the free expression
of the will of the people, as well as pluralistic system of political
parties and organisations, respect for the rule of law, the
separation
of
powers,
the
independence
of
judiciary,
transparency and accountability in public administration ….”
[emphasis added]
72. The common linkages that can be deduced from those principles
are, rule of law and equity before the law. It is our understanding
that the rule of law, democracy and good governance are the major
features of a civilized society and as such, the rule of law provides the
general framework for good governance. Rule of law implies that
every citizen is subject to the law including the lawmakers. Put
another way and specifically in the context of this Reference, it means
Reference No. 5 of 2013
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