Family Law

DISCUSS THE RISE AND FALL OF      MONOGAMY IN UGANDA

Definition of Marriage.

According to the English law, marriage is an agreement by which man and woman enter into a legal relationship with each other which imposes legal rights and duties. Marriage whether civil or religious is a contract formally entered into. It confers on the parties the status of husband and wife, the essence of the contract being an agreement between a man and woman to live together, and to love one another as husband and wife, to the exclusion of all others.1 This is very clear and precise to the point that marriage is a social union between people of the opposite sex and not animals for sexual intercourse as we know that the essence of marriage is to subdue the world by giving off springs. The introduction of English Common Law has hence further more emphasized the concept of consummation as one of the major aspects of marriage and can lead to its dissolution if one of the parties can not consummate, with exception of circumstances where the party who has failed to be sexually satisfied has decided to a probate the marriage as seen in the case of Parajoic V Parajoic.2 
What Monogamy entails.
The 1995 constitution of the Republic of Uganda (Right to family) provides that men and women who have attained the age of majority can willfully contract marriages.3 It furthermore provides that a man and woman with free consent shall marry.4 To me the English and interpretation suggest the one man one woman principle as a form of marriage. The Good News Bible provides that God created man on the 6th day of his creation. He named him Adam to mean ruler of all creation, he saw that man was all alone in the Garden of Eden. Hence he made man sleep and created Eve, she was named woman to mean created out of man’s rib. It was God’s plan to create one man and one woman to live in harmony in the Garden of Eden. Further more the Bible highlights the three pillars of love which are leave, cleave and become one flesh. 5 This means that one has to leave his/her parents’ home and look for a suitable partner for marriage.

1. N.V Lowe & G. Douglas, Bromley’s Family Law, 10th Edition, Oxford University Press, pg.39
2. [1959]1 ALLER 1
3. Article 31(1)
4. Article 31(3)
5. The Book of Genesis
In this we get the true meaning of monogamy which is simply the marriage where the two consenting parties that have attained the age of majority decide to have one spouse till death.
Brief History 
The practice of polygamy is dated way back before the coming of the missionaries and civilization in Uganda whereby men would construct homesteads and put up different units for their wives. In the past it was very rare to come across a strong man practicing monogamy since they mainly met and contracted marriage with women through raids and conquest. However due to the introduction of both religion and Common law we see new developments in the type of marriages contracted in the country having a shift from the celebrated polygamy to monogamy. This can be clearly seen in the case of Rex V Amkeyo6, where we see the English attitude towards the customary marriages being negative. Particularly we see Hamilton C.J making an error in law where by he did not appreciate the native custom of bride wealth and termed it to be wife purchase. However the Islamic faith did not to a great extent differ from the customary marriages as it also embraced polygamy. 
The practice of monogamy in Uganda picked momentum due to the following as discussed below;
The influence of religion (Church Marriage)
Religious marriage is a contract formally entered into which confers on the parties the status of husband and wife, the essence of the contract being an agreement between a man and woman to live together, and to love one another as husband and wife, to the exclusion of all others. This aspect of exclusion of others entails the whole principle of marrying one wife and one husband which was the aim of God even in the very beginning as seen in the book of Genesis which entails the story of creation. The Marriage Act Cap 251 provides that celebration of marriage shall not be valid where there is a subsisting customary marriage of one of the parties with another person.7 Hence the church marriage in Uganda can only be embraced in the presence of minister of God in a licensed place of worship. The saying of vows entails consent and tying of the knot to signify that one is supposed to get married to one partner till.
6. (1917) KLR 14
7. Sec 34
This has in the end result led to the subsistence of monogamous marriages in the country today.
The provisions of case law
Monogamy in Uganda has also been observed as a practice of marriage due to the influence of case law that has emphasized the exercise of one man and one woman relationship. In the locus classicus case of Hyde V Hyde8, marriage was termed as the voluntary union for life of one man and one woman to the exclusion of others. Lord Penzance in particular proposes that marriage must be monogamous and neither spouse may contract another marriage so long as the original union subsists. Since Uganda is one of the common law countries and still practices the rules and regulations as portrayed by the common law countries is reluctant to decline from the judgment of this learned judge. This is an olden case but is still good law hence has seen the practice of monogamy prevail in Uganda up to now. However in contrast with the case of Mwagiru V Mumbi9, the plaintiff sought a declaration that there was a valid and subsisting marriage between himself and the defendant by the Kikuyu custom, both parties being Kikuyu. The defendant alleged that no such marriage existed because she had not given her consent and had not even been present at the essential ceremony. She admitted that she had lived with the plaintiff at his house for a short time but claimed that she had been forced into doing so by her father. She hence adduced that had gotten married to another man through civil marriage after escaping from the plaintiff. According to the provisions of the Marriage Act Cap 251 of Uganda no one is entitled to get married while there is a subsisting customary marriage with another person.10 The key issue in Mumbi’s case was whether there was a valid marriage between the plaintiff Mwagiru and Mumbi. In this case, we see that lack of the element of consent made that marriage to be void. Hence the plaintiff was relieved from the charge of committing polygamy, in this we see that the provisions of case law as highlighted by Lord Penzance emphasize the issue of monogamy which has been obeyed by many of the Ugandans today.

8. [1866] LR 1 P&D 130
9. (1967) EA 639
10. Sec 34
Statutory provision
The Marriage Act Cap 251 provides that all marriages that are celebrated by parties and yet one of them is at the same time married to another person in customary law is void.11 Customary marriage being one of the recognized forms in Uganda entails that any other interest of marriage along side customary is void. This as a legal practice has endeavored to uphold monogamy in the country hence the prevailing of one man one woman relationships.
The same Act goes on to set a penalty for any one who practices polygamy12 which is enough evidence tendered to point out the struggles by the Ugandan judiciary and legislators to combat polygamy and uphold one man one woman relationships. The Act provides that contracting marriage by customary law when one is already married under this Act is liable for imprisonment.13 The Customary Marriage (Registration) Act Cap 248 provides that a marriage may be considered to be void when one of the parties has previously contracted a monogamous marriage which is still subsisting.14 The Hindu Marriage and Divorce Act Cap 250 provides, under the conditions for marriages, that marriage may be solemnized where neither party has a spouse living at the time of the marriage.15 In R.S V S.S and another16, the respondent and the petitioner who were both Sikhs were married in a Sikh ceremony in December, 1957 and this was a valid marriage under the Hindu Marriage, Divorce and Succession Ordinance. Carrying out of another marriage without the dissolution of the subsisting Hindu marriage was illegalized. Hence the embracing of Hindu marriages in Uganda as well which emphasizes monogamy has led to the rise of monogamous marriages in the country.
Health precaution
The practice of one man one wife has been persistent in Uganda due to statistics provided by health organs like UHMT which has discouraged the taking on of other sexual partners called “side dish.”
11. Sec 34
12. Sec 49
13. Sec 50
14. Sec 11(e)
15. Sec 2(1)(a)
16. (1969) EA 229
This movement against the sexual network has been strong as advertisements highlighting the dangers of having another partner like contracting sickness like HIV AIDS have been clearly spelt out. This came as a strong movement to combat the insurgency of HIV in Uganda and hence has been embraced as a practice to stay safe. Precautious measures as emphasized by the health ministry to remain faithful to one partner has further taken momentum in Uganda since those who remain faithful to their partners are not likely to spread or contract the sexually transmitted diseases. This is also coupled with counseling advice given to partners when they visit hospitals. They have been advised by doctors to stay faithful to one another and by doing this they will be able stay safe from sexually transmitted diseases. As discussed above we see that the practice of monogamy has raised in Uganda due to the fear to contract sexually transmitted diseases hence the habit of polygamy is dropped.
The influence of culture
Some of the cultures in Uganda deem polygamous marriage to be immoral hence individuals take on monogamy which is believed to be moral. This is typical of the western culture hence has been embraced by many Ugandans who get their inspiration from the western culture. English law provides that marriage is an agreement by which man and woman enter into a legal relationship with each other which imposes legal rights and duties. Marriage whether civil or religious is a contract formally entered into. It confers on the parties the status of husband and wife, the essence of the contract being an agreement between a man and woman to live together and to love one another as husband and wife to the exclusion of all others.17
The Ugandans have hence copied the European community in Uganda with the practice of monogamy. The case of Rex V Amkeyo18 acts as an example to this effect; in this case Amkeyo was charged of stolen property and the main witness was a woman whom he claimed to marry according to native custom. On the basis of law of evidence, the testimony of this woman should not have been admitted given the desire to protect marital confidence. The issue in this case was; whether the woman married under native custom was a wife in strict sense of word and effect that the relationship between Amkeyo and the alleged wife could be construed as marriage.

17. N.V Lowe & G. Douglas, Bromley’s Family Law, 10th Edition, Oxford University Press, pg.39
18. (1917) KLR 14
Hamilton C.J stated that the alleged marriage between Amkeyo and the woman was for lack of a better phrase “Wife purchase” and that it did not fit in ideas of marriage as generally understood among civilized people and that the native custom was repugnant to good conscience and morality. However it was revealed that the C.J had under scored standards of marriage as understood among the English.  For more emphasis, the Domestic relations Bill as it provides for the illegalization of polygamous marriages has been mainly derived from the western practices in order to do away with some of the rigid cultures in Uganda that call for polygamous marriages.
Dictation as derived from poverty
Some have been forced to practice monogamous marriages since they can not afford to take on other wives. This is mainly on the side of men since they are taken to be the bread winners and head of family are supposed to take care of their families by providing the basic needs like food, shelter, clothes and others. Care for the family is a fundamental obligation conferred on all fathers in Uganda and failure to do this is an offence.
The 1995 constitution of under the rights of the family provides that children are entitled to be loved by their parents.19 Women are also protected in such a way that all practices of men that are against the free will of them are prohibited as seen in the Rights of women.20 In summary we see that practice by men to take on other wives is also limited to the duty to take care of their families. Hence parents who are incapable to look after their families are limited by these provisions as clearly highlighted in the constitution which is the supreme law of the land. The practice of monogamy has also been adopted as an income saving practice; this is simply because one is committed to only and only one household.
The polygamous marriages come along side them money consuming responsibilities like looking after many people. Due to the escalation of commodity prices in Uganda day by day and the double figure inflation as of now will see many of the Ugandans embracing more the monogamous marriages or even giving up to contracting marriage. Gone are the days when looking after a family was easy as long one had enough land for agriculture and establishment of make shift shelter.
19. Article 31(4)
20. Article 33(6)
The situation in Uganda today dictates as it is not easy to sustain to families, one of the many friends I have was quoted for making a memorial statement that if at all he has failed to look after himself then how will he be able to sustain a sounding family of say 2-3 people. Hence the practice of monogamy in Uganda has of today also been due to the poverty that is eating up Ugandans as it is not easy to get a paying job and if gotten one might not be able to look after a diverse family since the essential needs in the family are at an over whelming high price.

The practice of monogamy in Uganda has not been embraced due to the following as discussed below;
The technicalities involved in other marriages
Customary marriages were potentially polygamous and the recognition of marriage did not depend on its registration. Payment of bride price and its acceptance constituted marriage and demand for it was a significance of divorce. Monogamous marriages which were introduced by the English law were contrasted in favour for polygamy.21 The fall of monogamy in Uganda is due to the long process involved in these marriages; these have in the long run made the Ugandans to shy away from the whole process and contract polygamous marriages that do not require stressing processes.
Lack of strong laws to emphasize monogamy  
In March of 1960, a subcommittee was set up to study the subject of legal status of Hindu married women; it was observed that lack of a protectorate law governing Hindu marriages making women to get married under Hindu law having no legal protection. This is turn could lead to the desertion of the women by men and hence enjoyed polygamy.22 Hindu Marriage Ordinance of 1961 gave legal recognition to Hindu marriage as monogamous although those contracted before whether monogamous or polygamous were recognized and given legal status.23

21. Winfred Brown, Marriage, Divorce & Inheritance, Cambridge African Monographs 10, pg.10 
22. Winfred Brown, pg.26
23. Winfred Brown, pg.27
The Penal code Act Cap 120 provides for the offence of Adultery in the controversial section where it states that any man who has sexual intercourse with any married woman not his wife is liable for committing the offence of Adultery,24 it further restricts married women from having sexual intercourse with any man except their husbands.25
To me such a law that gives a gift with one arm and takes it away with the other is bad law and needs to be repealed. This section restricts men to have sexual intercourse with only married women who are not their wives and does not restrict them to those who are not married hence is seen to promote polygamy in the country. It is this laxity of the law that has embraced the practice of polygamous marriages in Uganda during time and time over. However a solution is being sought to over come this problem and this in the spirit of a Bill (Domestic Relations) although this has taken Uganda over 40 years to pass due to the rigidity of some institutions.
The influence of cultural norms and custom
Marriage in the customary law is the contract between the intending bridegroom and the bride’s father and the actual marriage consists in the performance of this contract, father handing over the girl and consideration in form of customary payments known as bride wealth. Such marriages are polygamous and a man may enter into as many such marriage contracts as he wishes and can afford.26 In the African culture it is prestigious for a man to marry as many wives as one wished hence he can be seen as a wealthy and strong man27 and this is perhaps true because most of the rich men in the country if you are to carry out research have attained polygamous marriages since they feel that pride with in them to take on as many wives as they can.
Further more giving birth to very many children is regarded as security since they can look after their parents in old age.28 The girls are also a source of income as when married off the parents are rewarded with bride wealth. One should however note that giving birth to dozens of children is difficult in one wife since she might not be able to conceive and look after them.
24. Sec 154(1)
25. Sec 154(2)
26. Winfred Brown, pg.53
27. Christine Birabwa Nsubuga, Women under Customary Marriage in Uganda, Printed in Denmark, 2007, pg.37
28. Christine Birabwa Nsubuga, pg.38
Hence the men resorted to the idea of marrying many wives and give birth to a couple of children in different mothers. One should note that these practices are not olden and are still embraced by a big number of Ugandans. This has been evident in such a way that we still have customary marriages in the country. The Baganda call them “Okwanjula,”29 the Banyankole refer to them as “Okuhinjira.”  
Statutory provision
With the presence of valid law that embraces polygamy, definitely this is one of the reasons as to why monogamy has collapsed. The Customary Marriage (Registration) Act 248 provides that customary marriages may be polygamous, 30 where a party to a customary marriage contracts another monogamous marriage, the monogamous marriage will be void.31 With this we see that customary marriages entertain and embrace polygamous marriages call them their delicacy.
Customary law is the collection of traditional norms and practices that govern a particular community but do not form part of the national legal statutes of society as a whole.32 Hence the legalization of polygamy for some of the cultures has seen its persistence in the country today and this indeed has a pinch of salt on the present practices. Traditional ceremonies are respected and the conclusion of introduction ceremonies the consenting parties are issued with certificates in some tribes for example among the Baganda. The respect accorded to customary marriages by Uganda’s law has seen reluctance for some to contract religious marriages.
The influence of religion
The presence of the radical Islamic religion in the country that embraces polygamy claims that it is the will of Allah. The Muslims believe in total submission to Allah hence they wholesomely embrace the provisions of the Quran. However one should note that it provides for one to only take on other wives to a maximum of 4 if he can look after them. You should note that the women are also in agreement with this and hence it has taken momentum in Uganda.

29. Enkuluze y’oluganda ya Makerere University
30. Sec 4(2)
31. Sec 13
32. Encarta Dictionary: English, North America.
It is also important to note that the Muslims are on the fore front to reject what they term to be a controversial Bill (Domestic Relations), they claim that it is malicious to mainly the Islamic faith as it seem to table a proposal to scrap off polygamous marriages. In Alai V Uganda33, the adulterer and others were all Muslims and the marriage between the adulteress and her husband was of Islamic faith; the key issue in this case was whether the offence of adultery applied to all types of marriages or restricted to monogamous marriages and does not apply to potentially polygamous marriages. It was held that adultery can be committed by women in polygamous marriages, however for men in the Muslim marriages can only commit adultery if they exceed the 4th wife. With this we see the Muslim faith a strong advocate to the polygamous marriages leading to the down fall of monogamy in the country.
Recommendation 
I would advise the government of Uganda to revise its laws and make sure that they suit the level of development of country at the time. Particularly the law against adultery should not only look at instances where men have had sexual intercourse with women who are married but at also instances where they have it with those not married as long as they are not their legal partners.
Conclusion 
The monogamous marriages are contracted in Uganda alongside polygamous marriages which are authorized by law and these are majorly contracted as religious, civil and customary marriages.    

33. (1967) EA 595
BIBLIOGRAPHY

BOOKS
N.V Lowe & G. Douglas, Bromley’s Family Law, 10th Edition, Oxford University Press.
Winfred Brown, Marriage, Divorce & Inheritance, Cambridge African Monographs 10.
Christine Birabwa Nsubuga, Women under Customary Marriage in Uganda, Printed in Denmark, 2007.
Encarta Dictionary: English, North America.
Enkuluze y’oluganda ya Makerere University.

STATUTES
1995 constitution of the Republic of Uganda.
The Marriage Act Cap 251.
Customary Marriage (Registration) Act Cap 248.
The Hindu Marriage and Divorce Act Cap 250.
The Penal code Act Cap 120.

Beautiful

From the day I set my eyes on you I knew you would be mine. Though it was really difficult for me to take that bold step to say that I love you. Brown skin girl, I love those snow white teeth. Those seductive eyes and perfect lips make butterflies in my stomach fly. No one will ever take you away from me. I am meant for you, you are meant for me. You are the missing piece of my rib, I want you closer and forever in my life. You are the most beautiful girl I have ever dated and this I mean it. You put together the broken pieces that I had in my life. I don't want to know how it feels without you in my life because it is the greatest pain I can ever imagine. I swear to love you forever. I love you, my family loves you. It's not an easy thing finding a loved one loved by inlaws. You are truly meant for me, let us use your beauty for our bright future and new life. Forever will be with you without letting go. I love you.

Sweet feeling continued

When I met you
The day we agreed to meet I felt a stream of clean blood flowing through my veins. Day by day I kept waiting and prayed that the d-day would come without any hiccups. The lord blessed me with a fruitful week and perfect life. Saturday, 21st September, 2013 at 12:00pm or shortly after is when we agreed to meet. Earlier that morning I kept wondering and thinking what I would do when I met you. I set foot from home at exactly 11:20am, all the way through the journey was smiling and kept having high expectations of what would have happened through out the day. I reached our rendezvous point at 12:56pm. I am sorry for keeping you waiting since by 11:08am you were already there waiting for me. I cannot rule out the fact that both of us were nervous in the beginning but thank the Lord we became confident and started conversing. I loved the environment and time we spent at the GRC (former library). It was a perfect moment when we had lunch together, though was really upset when I was served first before you and yet your order was first. All the time we spent together I kept staring and admiring you. It was such a good experience; never had I ever had such a good time with a girl. My past girlfriends were always the wrong ones for me, most especially the one you know.
Whenever I could go out with her, something wrong would happen. Spending the day with you on Saturday was perfect and I loved the way you talked and treated me. The best time was when we travelled in the back seat of the taxi from Bweyogerere to Kiwanga. You being close to me and rubbing shoulders while we conversed sensationally through out the entire journey was a good feeling. Hitting those potholes made us rub the more, all I was feeling was a smooth body close to mine.   
What a beauty  
My sister lied to me saying that you were fat and this kept me thinking that gosh I have a girlfriend that I have always never imagined. To my amusement I saw a perfect body and size. The height and dress code were perfect, I felt comfortable walking with you. You are the ideal girl I have always wished to have. I pray that nothing bad comes between us to interrupt our love. I am blessed and privileged to have some one as perfect as you are for a girlfriend. I promise to love you and never cheat on you. You have found your Mr. Right; we are in this journey together. Me and you, the two of us together we can make it through. With great love and admiration for you. 
To be Continued…

Key Issues in English
for Specific Purposes
(ESP) Curriculum
Development
Kristen Gatehouse
khoey [at] khae-service.com
www.khae-service.com
Based on insights gained from
developing the curriculum for
Language Preparation for
Employment in the Health Sciences
and a review of the literature on
ESP, this paper is intended to offer
theoretical support for ESL
instructors developing ESP curricula
for ESL contexts.
Background Information and
Statement of Purpose
In late 1999, I was asked to develop
a content-based curriculum for a
ten-week course for a select group of
immigrants living in Ottawa, Canada.
The course was held at Algonquin
College of Applied Arts and
Technology and was funded by the
Language for Employment Related
Needs Project (LERN). The curriculum
consisted of two distinct phases:
language delivery and employment
awareness. Although the
employment awareness phase
(independently developed and
delivered by Local Agencies Serving
Immigrants) was an integral
component of the program, the focus
of this paper is on insights gained
from the language-delivery phase.
Dudley Evans and St. John (1998)
identify five key roles for the ESP
practitioner:
teacher
course designer and materials
provider
collaborator
researcher
evaluator.
It is the role of ESP practitioner as
course designer and materials
provider that this paper addresses.
The premise of this paper is based
on David Nunan's observations
about the teacher as a curriculum
developer.
It seems fairly obvious that if
teachers are to be the ones
responsible for developing the
curriculum, they need the time, the
skills and the support to do so.
Support may include curriculum
models and guidelines · and may
include support from individuals
acting in a curriculum advisory
position. The provision of such
support cannot be removed and
must not be seen in isolation, from
the curriculum (Nunan, 1987, p. 75).
Nunan recognized that issues of
time, skills and support are key for
teachers faced with the very real
task of developing curricula. The
intent of this paper is to provide the
ESL instructor as ESP course
designer and materials provider with
theoretical support. This paper
begins with a discussion of the
origins of ESP. Some key notions
about ESP are then addressed:
absolute and variable characteristics
types of ESP
characteristics of ESP courses
the meaning of the word 'special' in
ESP
Key issues in ESP curriculum design
are suggested: a) abilities required
for successful communication in
occupational settings; b)content
language aquisition versus general
language aquisition; c)
heterogeneous versus homogenous
learner group; and d) materials
development.
The Origins of ESP
Certainly, a great deal about the
origins of ESP could be written.
Notably, there are three reasons
common to the emergence of all ESP:
the demands of a Brave New World,
a revolution in linguistics, and focus
on the learner (Hutchinson &
Waters, 1987).
Hutchinson and Waters (1987) note
that two key historical periods
breathed life into ESP. First, the end
of the Second World War brought
with it an " ... age of enormous and
unprecedented expansion in
scientific, technical and economic
activity on an international scale ·
for various reasons, most notably the
economic power of the United States
in the post-war world, the role [of
international language] fell to
English" (p. 6). Second, the Oil Crisis
of the early 1970s resulted in
Western money and knowledge
flowing into the oil-rich countries.
The language of this knowledge
became English.
The general effect of all this
development was to exert pressure
on the language teaching profession
to deliver the required goods.
Whereas English had previously
decided its own destiny, it now
became subject to the wishes, needs
and demands of people other than
language teachers (Hutchinson &
Waters, 1987, p.7).
The second key reason cited as
having a tremendous impact on the
emergence of ESP was a revolution in
linguistics. Whereas traditional
linguists set out to describe the
features of language, revolutionary
pioneers in linguistics began to
focus on the ways in which language
is used in real communication.
Hutchinson and Waters (1987) point
out that one significant discovery
was in the ways that spoken and
written English vary. In other words,
given the particular context in which
English is used, the variant of
English will change. This idea was
taken one step farther. If language
in different situations varies, then
tailoring language instruction to
meet the needs of learners in
specific contexts is also possible.
Hence, in the late 1960s and the
early 1970s there were many
attempts to describe English for
Science and Technology (EST).
Hutchinson and Waters (1987)
identify Ewer and Latorre, Swales,
Selinker and Trimble as a few of the
prominent descriptive EST pioneers.
The final reason Hutchinson and
Waters (1987) cite as having
influenced the emergence of ESP has
less to do with linguistics and
everything to do psychology. Rather
than simply focus on the method of
language delivery, more attention
was given to the ways in which
learners acquire language and the
differences in the ways language is
acquired. Learners were seen to
employ different learning strategies,
use different skills, enter with
different learning schemata, and be
motivated by different needs and
interests. Therefore, focus on the
learners' needs became equally
paramount as the methods employed
to disseminate linguistic knowledge.
Designing specific courses to better
meet these individual needs was a
natural extension of this thinking. To
this day, the catchword in ESL circles
is learner-centered or learning-
centered.
Key Notions About ESP
In this discussion, four key notions
will be discussed. They are as
follows: a) the distinctions between
the absolute and variable
characteristics of ESP, b) types of
ESP, c) characteristics of ESP courses,
and d) the meaning of the word
'special' in ESP.
Absolute and Variable
Characteristics of ESP
Ten years later, theorists Dudley-
Evans and St John (1998) modified
Strevens' original definition of ESP to
form their own. Let us begin with
Strevens. He defined ESP by
identifying its absolute and variable
characteristics. Strevens' (1988)
definition makes a distinction
between four absolute and two
variable characteristics:
I. Absolute characteristics:
ESP consists of English language
teaching which is:
designed to meet specified needs of
the learner;
related in content (i.e. in its themes
and topics) to particular disciplines,
occupations and activities;
centred on the language appropriate
to those activities in syntax, lexis,
discourse, semantics, etc., and
analysis of this discourse;
in contrast with General English.
II. Variable characteristics:
ESP may be, but is not necessarily:
restricted as to the language skills to
be learned (e.g. reading only);
not taught according to any pre-
ordained methodology (pp.1-2).
Anthony (1997) notes that there has
been considerable recent debate
about what ESP means despite the
fact that it is an approach which has
been widely used over the last three
decades. At a 1997 Japan Conference
on ESP, Dudley-Evans offered a
modified definition. The revised
definition he and St. John postulate
is as follows:
I. Absolute Characteristics
ESP is defined to meet specific
needs of the learner;
ESP makes use of the underlying
methodology and activities of the
discipline it serves;
ESP is centred on the language
(grammar, lexis, register), skills,
discourse and genres appropriate to
these activities.
II. Variable Characteristics
ESP may be related to or designed
for specific disciplines;
ESP may use, in specific teaching
situations, a different methodology
from that of general English;
ESP is likely to be designed for adult
learners, either at a tertiary level
institution or in a professional work
situation. It could, however, be for
learners at secondary school level;
ESP is generally designed for
intermediate or advanced students;
Most ESP courses assume some basic
knowledge of the language system,
but it can be used with beginners
(1998, pp. 4-5).
Dudley-Evans and St. John have
removed the absolute characteristic
that 'ESP is in contrast with General
English' and added more variable
characteristics. They assert that ESP
is not necessarily related to a
specific discipline. Furthermore, ESP
is likely to be used with adult
learners although it could be used
with young adults in a secondary
school setting.
As for a broader definition of ESP,
Hutchinson and Waters (1987)
theorize, "ESP is an approach to
language teaching in which all
decisions as to content and method
are based on the learner's reason
for learning" (p. 19). Anthony (1997)
notes that, it is not clear where ESP
courses end and general English
courses begin; numerous non-
specialist ESL instructors use an ESP
approach in that their syllabi are
based on analysis of learner needs
and their own personal specialist
knowledge of using English for real
communication.
Types of ESP
David Carter (1983) identifies three
types of ESP:
English as a restricted language
English for Academic and
Occupational Purposes
English with specific topics.
The language used by air traffic
controllers or by waiters are
examples of English as a restricted
language. Mackay and Mountford
(1978) clearly illustrate the
difference between restricted
language and language with this
statement:
... the language of international air-
traffic control could be regarded as
'special', in the sense that the
repertoire required by the controller
is strictly limited and can be
accurately determined situationally,
as might be the linguistic needs of a
dining-room waiter or air-hostess.
However, such restricted repertoires
are not languages, just as a tourist
phrase book is not grammar.
Knowing a restricted 'language'
would not allow the speaker to
communicate effectively in novel
situation, or in contexts outside the
vocational environment (pp. 4-5).
The second type of ESP identified by
Carter (1983) is English for Academic
and Occupational Purposes. In the
'Tree of ELT' (Hutchinson & Waters,
1987), ESP is broken down into three
branches: a) English for Science and
Technology (EST), b) English for
Business and Economics (EBE), and
c) English for Social Studies (ESS).
Each of these subject areas is
further divided into two branches:
English for Academic Purposes (EAP)
and English for Occupational
Purposes (EOP). An example of EOP
for the EST branch is 'English for
Technicians' whereas an example of
EAP for the EST branch is 'English
for Medical Studies'.
Hutchinson and Waters (1987) do
note that there is not a clear-cut
distinction between EAP and EOP: "·
people can work and study
simultaneously; it is also likely that
in many cases the language learnt
for immediate use in a study
environment will be used later when
the student takes up, or returns to,
a job" (p. 16). Perhaps this explains
Carter's rationale for categorizing
EAP and EOP under the same type of
ESP. It appears that Carter is
implying that the end purpose of
both EAP and EOP are one in the
same: employment. However, despite
the end purpose being identical, the
means taken to achieve the end is
very different indeed. I contend that
EAP and EOP are different in terms of
focus on Cummins' (1979) notions of
cognitive academic proficiency versus
basic interpersonal skills. This is
examined in further detail below.
The third and final type of ESP
identified by Carter (1983) is English
with specific topics. Carter notes
that it is only here where emphasis
shifts from purpose to topic. This
type of ESP is uniquely concerned
with anticipated future English
needs of, for example, scientists
requiring English for postgraduate
reading studies, attending
conferences or working in foreign
institutions. However, I argue that
this is not a separate type of ESP.
Rather it is an integral component of
ESP courses or programs which focus
on situational language. This
situational language has been
determined based on the
interpretation of results from needs
analysis of authentic language used
in target workplace settings.
Characteristics of ESP Courses
The characteristics of ESP courses
identified by Carter (1983) are
discussed here. He states that there
are three features common to ESP
courses: a) authentic material, b)
purpose-related orientation, and c)
self-direction.
If we revisit Dudley-Evans' (1997)
claim that ESP should be offered at
an intermediate or advanced level,
use of authentic learning materials
is entirely feasible. Closer
examination of ESP materials will
follow; suffice it to say at this
juncture that use of authentic
content materials, modified or
unmodified in form, are indeed a
feature of ESP, particularly in self-
directed study and research tasks.
For Language Preparation for
Employment in the Health Sciences,
a large component of the student
evaluation was based on an
independent study assignment in
which the learners were required to
investigate and present an area of
interest. The students were
encouraged to conduct research
using a variety of different resources,
including the Internet.
Purpose-related orientation refers to
the simulation of communicative
tasks required of the target setting.
Carter (1983) cites student
simulation of a conference, involving
the preparation of papers, reading,
notetaking, and writing. At
Algonquin College, English for
business courses have involved
students in the design and
presentation of a unique business
venture, including market research,
pamphlets and logo creation. The
students have presented all final
products to invited ESL classes
during a poster presentation
session. For our health science
program, students attended a
seminar on improving your listening
skills. They practiced listening skills,
such as listening with empathy, and
then employed their newly acquired
skills during a fieldtrip to a local
community centre where they were
partnered up with English-speaking
residents.
Finally, self-direction is
characteristic of ESP courses in that
the " ... point of including self-
direction ... is that ESP is concerned
with turning learners into
users" (Carter, 1983, p. 134). In
order for self-direction to occur, the
learners must have a certain degree
of freedom to decide when, what,
and how they will study. Carter
(1983) also adds that there must be
a systematic attempt by teachers to
teach the learners how to learn by
teaching them about learning
strategies. Is it necessary, though, to
teach high-ability learners such as
those enrolled in the health science
program about learning strategies? I
argue that it is not. Rather, what is
essential for these learners is
learning how to access information
in a new culture.
The Meaning of the Word 'Special'
in ESP
One simple clarification will be made
here: special language and
specialized aim are two entirely
different notions. It was Perren
(1974) who noted that confusion
arises over these two notions. If we
revisit Mackay and Mountford's
restricted repertoire, we can better
understand the idea of a special
language. Mackay and Mountford
(1978) state:
The only practical way in which we
can understand the notion of special
language is as a restricted repertoire
of words and expressions selected
from the whole language because
that restricted repertoire covers
every requirement within a well-
defined context, task or vocation (p.
4).
On the other hand, a specialized
aim refers to the purpose for which
learners learn a language, not the
nature of the language they learn
(Mackay & Mountford, 1978).
Consequently, the focus of the word
'special' in ESP ought to be on the
purpose for which learners learn and
not on the specific jargon or
registers they learn.
Key Issues in ESP Curriculum
Design
In this section, key issues in ESP
curriculum design for ESL contexts
are examined. The issues explored
here are a product of my
professional experience developing
the curriculum for Language
Preparation for Employment in the
Health Sciences. This experience has
been supported with a review of the
literature on ESP.
Abilities Required for Successful
Communication in Occupational
Settings
Cummins (1979) theorized a
dichotomy between basic
interpersonal communication skills
(BICS) and cognitive academic
language proficiency (CALP). The
former refers to the language skills
used in the everyday informal
language used with friends, family
and co-workers. The latter refers to a
language proficiency required to
make sense of and use academic
language. Situations in which
individuals use BICS are
characterized by contexts that
provide relatively easy access to
meaning. However, CALP use occurs
in contexts that offer fewer
contextual clues.
After having developed and taught
the curriculum for Language
Preparation for Employment in the
Health Sciences, I have reached the
conclusion that there are three
abilities necessary for successful
communication in a professional
target setting. I have added a third
skill or ability to Cummins' theory in
order to complete the ESP picture.
The first ability required in order to
successfully communicate in an
occupational setting is the ability to
use the particular jargon
characteristic of that specific
occupational context. The second is
the ability to use a more generalized
set of academic skills, such as
conducting research and responding
to memoranda. With the health
science group, this was largely
related to understanding a new
culture. The third is the ability to
use the language of everyday
informal talk to communicate
effectively, regardless of occupational
context. Examples of this include
chatting over coffee with a colleague
or responding to an informal email
message.
The task for the ESP developer is to
ensure that all three of these
abilities are integrated into and
integrated in the curriculum. This is
a difficult task due to the incredible
amount of research required. Close
collaboration between content
experts and the curriculum
developer was not possible during
the development stages for the
health science curriculum. In
retrospect, the experience and
knowledge of health science faculty
would have lessened the workload in
this area tremendously. Fortunately,
there does exist a wealth of
information on academic and general
language skills. The trick involved in
the interweaving process is to
develop a model that best integrates
the restricted repertoire with the
academic and general for the
learners in question.
In the case of Language Preparation
for Employment in the Health
Sciences, there were so many
possible potential future
occupational settings to research
and I had to cope with limited
development time. I simply opted to
identify academic skills that were
transferable to most health science
occupational settings. This required
an inventory of all possible health
science occupations, identification of
the past occupational experiences of
the learners in the pilot program,
and identification of academic
language skills. All of this
information was then cross-
referenced with the general
language objectives for the
identified group of learners.
It is my opinion that because ESP
requires comprehensive needs
analysis and because the learning-
centred curriculum is not static, it is
impossible to expect that the
developer be in a position to identify
the perfect balance of the abilities
noted above for any particular group
of learners. In reality, a large part of
this responsibility is that of the
instructors; it is the instructors who
are in the best position to identify
changing learner needs and who are
in the best position to ensure that
all students receive a balanced diet
of language.
Content Language Acquisition
Versus General Language
Acquisition
When I first received the proposal
for the health science pilot program,
the ratio of content to language
instruction had already been
identified: 2 hours of content lecture
for every 23 hours of language/
content instruction. Given this
starting point, one of the central
questions that needed to be
answered was how much time would
be devoted to vocabulary and
content knowledge acquisition, as
opposed to the time spent
developing general and academic
language skills.
Although a tentative balance was
drafted prior to classroom delivery,
the balance shifted on a daily basis.
In the end, it was determined by
both instructors that more time
need be allotted for pure content
and more time need be created for
team-taught activities. The final
weekly breakdown of 25 hours
consisted of the following:
8 hours of Integrated Language
Learning (ESL instructor)
6 hours of Health Science Lectures
(content instructor)
4 hours of Workplace Communication
(jointly facilitated)
3 hours of Medical terminology
(content instructor)
2 hours of Pathophysiology (content
instructor)
2 hours of Applied Computer Skills
(ESL instructor)
The first thing that is apparent from
this breakdown, is that time devoted
to developing general language and
academic skills far outweighs the
time devoted to the acquisition of
content knowledge. However, it was
recommended that the content
instructor be present for a
considerable more amount of time; it
was observed that there was such an
overlap between content knowledge,
academic proficiency, and general
language that we could better
interweave many of the activities as
a team.
The learners indicated that they
desired more opportunity to interact
with the content instructor, in
addition to attending the old-style
lecture format. Indeed, both
instructors noted that the students
were highly motivated to attend the
content lectures and yet additional
support from the ESL instructor was
required because, in order to meet
the learners' needs, we could not
teach the restricted repertoire in
isolation. What is more, it was
highly unreasonable to assume that
the content instructor would take on
the role of ESL instructor.
Finally, it was observed that the
majority of the students with post-
secondary training in the health
sciences possessed a basic
knowledge of Greco-Latino
terminology. Consequently, we
determined that less time would be
devoted to learning terminology in
order to follow the content lectures.
Most of the students could already
recognize meaning, but not produce
it. It was determined that more time
should be allotted for work on
pronunciation and learning the
spelling of health science
terminology. Moreover, much more
time would be spent on
communication for the workplace; in
this way, they students would be
afforded ample opportunity to
integrate and practice the restricted
repertoire acquired in content
lectures and the everyday language
acquired in the language classes.
Heterogeneous Learner Group
Versus Homogeneous Learner
Group
There are a number of variables
which characterize a heterogeneous
learner group. I argue that
variations in language level, prior
education and work experience can
be accommodated only to a certain
extent. Minimum entrance standards
must be established in the areas of
language level, motivation, and prior
education and experience. Most
importantly, these standards must
be strictly enforced at the time of
placement.
Due to the limited time frame for
the development of the health
science pilot program curriculum
and the fact that the program was
scheduled to begin in the middle of
the academic term, the minimum
general language entrance
requirement was dropped from high
to low intermediate in order to
generate a large enough pool of
suitable candidates. Although no pre
or post-test was to be administered
by evaluation team, I was required
to recruit twice the number of
students to be admitted to the
program: 20 students would be in
the pilot group and 20 would be in
the control group. In the end, 16
students formed each group. The
result was that there were some
genuinely intermediate students
mixed in with a majority of high
intermediate, and a few advanced
students.
Based on observations of a four-week
English for Business course, Yogman
and Kaylani (1996) conclude that
there appears to be a minimum
proficiency level that is required for
students to participate in
predominately content-related
activities. This supports my finding
that those students who were
struggling to catch up with general
language proficiency simply found
the content activities to be
overwhelming.
One student in the health science
program commented that she had to
learn both the language and the
content at the time. This particular
student was at such a disadvantage
because, whereas the other students
were doctors and dentists, she had
no prior education or work
experience in health science.
Another student was an experienced
doctor, but possessed a very low
level of language proficiency. Either
case would have been frustrating for
anyone. One strategy we began to
employ was to have the intermediate
students focus on developing their
listening skills during the content
lecture. Those students without the
background knowledge, who
possessed the language skills, were
to ask for clarification from their
peers or instructors. The advanced
students were encouraged to record
as much detail as possible, carry out
supplemental reading that pertained
to the lecture topics and to assist
their peers whenever possible.
Materials Development
Do ESP textbooks really exist? This is
central question Johns (1990)
addresses. One of the core dilemmas
he presents is that "ESP teachers
find themselves in a situation where
they are expected to produce a
course that exactly matches the
needs of a group of learners, but are
expected to do so with no, or very
limited, preparation time" (Johns,
1990, p. 91).
In the real world, many ESL
instructors/ESP developers are not
provided with ample time for needs
analysis, materials research and
materials development. There are
many texts which claim to meet the
needs of ESP courses. Johns (1990)
comments that no one ESP text can
live up to its name. He suggests that
the only real solution is that a
resource bank of pooled materials be
made available to all ESP instructors
(Johns, 1990). The only difference
between this resource bank and the
one that is available in every
educational setting -- teachers' filing
cabinets -- is that this one is to
include cross-indexed doable,
workable content-based (amongst
other) resources.
It is my experience that this
suggestion is not doable. If teachers
are so pressed for time, will they
have the time to submit and cross-
index resources? Rather, I believe
that there is value in all texts -
some more than others. Familiarizing
oneself with useful instructional
materials is part of growing as a
teacher, regardless of the nature of
purpose for learning. Given that ESP
is an approach and not a subject to
be taught, curricular materials will
unavoidably be pieced together,
some borrowed and others designed
specially. Resources will include
authentic materials, ESL materials,
ESP materials, and teacher-generated
materials.
Note that an excellent point of
departure for novice ESP curriculum
developers is with lists of ESL
publishers which have been made
publicly available on-line. Browsing
publishers' sites takes a few
minutes, review copies can be
requested immediately and copies
can be sent express.
Concluding Remarks
This paper has discussed the origins
of ESP, addressed key notions about
ESP and examined issues in ESP
curriculum design. The content of
the paper was determined by a need
identified based on my professional
experience as an ESL instructor
designing and delivering the
content-based language program -
Language Preparation for
Employment in the Health Sciences.
These issues, where possible, have
been supported by current and
pertinent academic literature. It is
my sincerest hope that these
observations will lend insight into
the challenges facing the ESL
instructor acting as ESP curriculum
developer.
Selected References
Anderson, R., & Ausubel, D. (Eds.).
(1965). Readings in the Psychology
of Cognition. New York: Holt,
Rinehart & Winston.
Anthony, L. (1997). ESP: What does
it mean? ON CUE. http://
interserver.miyazaki-med.ac.jp/~cue/
pc/anthony.htm Retreived April 6,
2000, from the World Wide Web.
Betts, G. (1985). Autonomous
Learner Model for the gifted and
talented . Greeley, CO: Autonomous
Learning Publications and
Specialists. (ERIC Document
Reproduction Service No. ED 268
708)
Carver, D. (1983). Some propositions
about ESP. The ESP Journal, 2,
131-137.
Crandall, J. (Ed.). (1987). ESL
through content-area instruction:
Mathematics, science, social studies.
Englewood Cliffs: Prentice Hall
Regents.
Cummins, J. (1979). Cognitive/
academic language proficiency,
linguistic interdependence, the
optimum age question and some
other matters. Working Papers on
Bilingualism, 19, 121-129.
Dudley-Evans, T., & St John, M.
(1998). Developments in ESP: A
multi-disciplinary approach.
Cambridge: Cambridge University
Press.
Echevarria, J., & Graves, A. (1998).
Sheltered content instruction:
Teaching English-language learners
with diverse abilities. Boston: Allyn
and Bacon.
Gardner, H. (1983). Frames of mind:
The theory of multiple intelligences.
New York, NY: Basic Books.
Huang, S., & Shanmao, C. (1996).
Self-efficacy of English as a second
language learner: An example of
four learners . Bloomington, IN:
Language Education Department,
School of Education, Indiana
University. (ERIC Document
Reproduction Service No. ED 396
536)
Hutchinson, T., & Waters, A. (1987).
English for Specific Purposes: A
learning-centered approach.
Cambridge: Cambridge University
Press.
Johns, A., & Dudley-Evans, T. (1991).
English for Specific Purposes:
International in scope, specific in
purpose. TESOL Quarterly, 25,
297-314.
Johnson, D., & Johnson, R. (1975).
Learning together and alone:
Cooperation, competition and
individualization . Englewood Cliffs,
NJ: Prentice-Hall.
Johnson, R. (Ed.). (1989). The second
language curriculum. Cambridge:
Cambridge University Press.
Jones, G. (1990). ESP textbooks: Do
they really exist? English for Specific
Purposes, 9 , 89-93.
Lomperis, A. (1998). Best practices in
EOP/EPP: Steps in providing a
program. http://my.voyager.net/
azure/programI.html Retreived May
8, 2001, from the World Wide Web.
Krashen, S. (1982). Principles and
practice in second language
acquisition. Oxford: Pergamon.
Mackay, R., & Mountford, A. (Eds.).
(1978). English for Specific
Purposes: A case study approach.
London: Longman.
Mackay, R., & Palmer, J. (Eds.).
(1981). Languages for Specific
Purposes: Program design and
evaluation . London: Newbury House.
McDonough, J. (1984). ESP in
perspective: A practical guide.
London: Collins ELT.
Nunan, D. (1987). The teacher as
curriculum developer: An
investigation of curriculum
processes within the Adult Migrant
Education Program . South Australia:
National Curriculum Resource
Centre.
Nunan, D. (Ed.). (1992).
Collaborative language learning and
teaching . New York: Cambridge
University Press.
Perren, G. (1974). Forward in
Teaching languages to adults for
special purposes. CILT Reports and
Papers, 11, London: CILT.
Rogers, C. (1983). Freedom to learn
for the 80's . Columbus, OH: Charles
Merrill.
Sagliano, M., Stewart, T., & Sagliano,
J. (1998). Professional training to
develop content-based instruction in
higher education. TESL Canada
Journal, 16 , 36-51.
Selinker, L., Tarone, E., & Hanzeli, V.
(Eds.). (1981). English for Academic
and Technical Purposes: Studies in
honor of Louis Trimble. London:
Newbury House.
Strevens, P. (1988). ESP after twenty
years: A re-appraisal. In M. Tickoo
(Ed.), ESP: State of the Art (pp.
1-13). Singapore: SEAMEO Regional
Centre.
Stryker, S., & Leaver, B. (Eds.).
(1997). Content-based instruction in
foreign language education: Models
and methods . Washington, D.C.:
Georgetown University Press.
Taylor, C. (1986). Cultivating
simultaneous student growth in both
multiple creative talents and
knowledge. In J.S. Renzulli (Ed.),
Systems and models for developing
programs for the gifted and
talented (pp. 307-351). Mansfield
Center, CT: Creative Learning Press.
VanPatten, B., & Lee, J. (1990).
Second language acquisition -
Foreign language learning . Avon:
Multilingual Matters.
Yogman, J., & Kaylani, C. (1996). ESP
program design for mixed level
students. English for Specific
Purposes, 15, 311-24.
The Internet TESL Journal, Vol. VII,
No. 10, October 2001
http://iteslj.org/
http://iteslj.org/Articles/Gatehouse-
ESP.html

Torture

Define of Torture under the PREVENTION AND PROHIBITION OF TORTURE ACT, 2012

Torture means any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official or private capacity  for such purposes as— (a)obtaining information or a confession from the person or any other person; (b)punishing that person for an act he or she or any other person has committed, or is suspected of having committed or of planning to commit; or c)intimidating or coercing the person or any other person to do, or to refrain from doing, any act. (2) For purposes of this Act , “severe pain or suffering” means the prolonged harm caused by or resulting from— (a)the intentional infliction or threatened infliction of physical pain or suffering; (b)the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (c)the threat of imminent death; or (d)the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality. (3) Without limiting the effect of subsection (1), the acts constituting torture shall include the acts set out in the Second Schedule. (4) The definition of torture set out in subsection (1) does not include pain or suffering arising from, inherent in or incidental to a lawful sanction

Under the new "PREVENTION AND
PROHIBITION OF TORTURE ACT, 2012",
Physical torture includes;
If these definitions are to be strictly
enforced, then so many Teachers and
schools would be guilty.
Have you been subjected to any of
these? If so, then you have been
PHYSICALLY TORTURED, under the
law.
(a) systematic beating, head banging,
punching, kicking, striking
with truncheons, rifle butts, JUMPING
ON THE STOMACH;
(b) food deprivation or forcible
feeding with spoiled food, animal or
human excreta;
(c) electric shocks;
(d) cigarette burning, burning by
electrically heated rods, hot oil,
acid, by the rubbing of pepper or
other chemical substances on
mucous membranes, or acids or
spices;
(e) the submersion of the victim's
head in water or water polluted
with excrement, urine, vomit or blood;
(f) being tied or forced to assume a
fixed and stressful body position;
(g) rape and sexual abuse, including
the insertion of foreign bodies
into the sexual organs or rectum or
electrical torture of the
genitals;
(h) mutilation, such as amputation of
the essential parts of the body such
as the genitalia, ears, tongue;
(i) dental torture or the forced
extraction of the teeth;
(j) harmful exposure to the elements
such as sunlight and extreme
cold; or
(k) the use of plastic bags and other
materials placed over the
victim's head with the intention to
asphyxiate.

My first shoe and drinking bottle

Where on earth have our leaders gone?

Leadership is devotion and a calling from God coupled with the will of the people. It is upon this background that every after five years we have general elections in Uganda. The last general election was conducted in 2011 where an incumbent president was reelected into office. In the same year Mps were elected to represent the masses in the August house, other stake holders in KCCA and leaders in various capacities were elected into office. It was through adult suffrage that we gave you our mandate, the will of the people decided and you were elected to lead us. However two and a half years into office there is little progress being seen as you had promised to lead us to the Promised Land. We are disappointed in you our leaders because you have vanished; you have diverted from representing the masses and often engaged in running battles between the opposition and ruling government. Kampala the capital of Uganda has now been turned into a battle field where lines between police and opposition have been drawn. The whole city is in a mess as what was a peaceful city has now been turned chaotic. We have been teargased, wrongfully arrested, killed and our businesses have stalled because of your chicks politics. Remember that the masses are watching and 2016 is not fur from now when you will be made to account to the masses through the same process that brought you into office. We did not elect you to fight one another but rather ensure that there is proper and efficient service delivery to the masses. But rather these have stalled due to cheap politics, corruption, misappropriation and mismanagement of funds. The burden has in the long run been brought back to the masses through heavy taxes. It is important to note that you are the cause of our suffering. Why dont you borrow a leaf from fellow leaders like in Kenya, Tanzania and Rwanda? The rate at which these countries are developing is amazing, the trick is one the maturity of politics displayed in these countries is appealing. Contemporary leaders like Bill Clinton of the USA lead at a time when he was experiencing a lot of political pressure from his opponents but he did not draw battle lines but rather held the situation maturely to transform the country. We pray that the opposition and NRM reform for posterity and transformation of this country. For God and My Country.

My Graduation

Sweet feeling

Preface
Having been given this perfect opportunity, I spent the whole night thinking about what to write. Writing is one of my hobbies and hence have not had any difficulty in coming up with this brief which is a true reflection of what I have been going through in life and all that is yet to come in future. This is not complete; however in due course expect to complete it.

Chapter one
What is the meaning of life?
The Cambridge dictionary defines life as the time from someone’s birth until their death. Life can also be defined as a particular way of living and the experiences that you have. Rick Warren in his book “A Purpose Driven Life” gives life a broader interpretation. He is alive to the fact that we are all God’s creation and hence are bound to leave lives that are meaningful as per the biblical provisions. This is entirely concerned with purpose; to Warren purpose is to leave a life in a Godly way. This calls for righteousness, faithfulness, devotion to religious virtues and at peace with our neighbours. Who is your neighbour then, this is any one around you whether familiar or not. According to the Cambridge dictionary, Purpose is the aim that someone wants to achieve, or that something is intended to achieve. It is also defined as an aim or meaning in your life because there is something you want to achieve. With this humble background we arrive to the true meaning of life. I carried out research on at least 30 people in my neighbourhood, 18 of who were women, 10 were men and 2 were children. Majority of the women took life to be living happily in marriage and having steady families, meaning that without this their lives are empty which is true. The men on the contrary took life to be success achieved through acquisition of wealth, driving Porsche cars, building expensive houses and having a descent job which is also true. The children on the other hand understand life in a different way, to them life is waking up have breakfast and play with friends.
A child always understands life as it is all about living in joy and happiness which is also true. With this I discovered that the meaning of life varies from one generation to another, to the none believers life is all about war and peace. The alcoholic will always take life to be having at least a glass of whisky every day. Contemporary sources offer different interpretations of what life is. Famous writers like Ben Carson have built the meaning of life on the success that one has achieved. In agreement with Rick Warren, this success has to be achieved on purpose. Have a dream, Martin Luther King Jr had a dream that the oppression of the blacks in the USA would one day come to an end. He formed the civil rights movement where he expressed the views of the minority group hence becoming a voice of the voiceless. Nelson Mandela was imprisoned for 27 years but the spirit of having an end to apartheid did not die out and was realised in 1994, he became the first black president of the country and ruled for five years. He is the world’s most admired man, this is all attributed to the goals he set and the achievements he has accomplished. What is your dream my friend? Have you ever dreamt of living a legacy? These are questions that need to be answered, note that it is never too late and you can make a difference. What have you left that people will remember about you? Life is all about answering these simple questions and emulating the lives of those that have already left a legacy. Have a role model that you will always emulate, this should always be in a positive way that will impact change in the society but not adopting the bad behaviours. Remember that you do not need a lot of money to impact change in the society but wealth of the mind. And so let us always work hard to make a difference and be admired by others. We are born with the capability to do what ever the rest can do, so let us not underestimate our potential by always looking for the hard tasks. It takes courage to always be the best and take the front line, do not worry friend life is all about success as the Lord Father wants us to prosper in life. How then are you going to make your life meaningful from now? First, have a dream to always be the best, have courage to take on hard tasks, leave your life on purpose and always have a goal, set the bar too high for whatever you are doing, do every thing to your very best as if there is no tomorrow. Note that if you do not shape your life, circumstances will shape it for you and this comes with a bitter cost. Let us not be satisfied with what we have for this will always make us lazy.
No person can do something big in his/her life if he does not believe in him/herself. We know we win and at the end of the day we win, it all comes with trust for self and pride. Let us be remembered for the works and only the good works that we have done in our lives. Some of the re known people for the works they have done begun from scratch at tender ages so let not wealth be a limiting factor for your innovative ideas. Tim Berners invented internet at the age of 34 starting from nothing to some thing, Larry Page & Sergey Bin at 23 years invented Google, Mark Zukerberg at 20 years invented facebook, Harley Chin at 30 years invented YouTube. With all these being human, starting from scratch to Billions of money why not you, me and them. We all can make a difference if we set our minds to the desired dreams and goals. Remember that there is nothing like luck since luck favours a prepared mind so then set your goals to be lucky one day. Let us not be comfortable for the little we have and always behave as if we have not done enough, do more. I would like to end by categorically stating that successful people always look for opportunities to help others while the unsuccessful people are always asking, what is in it for me. If you can not do everything, do something and do not do nothing. With this let us then go and transform our communities for our time to succeed has come and we will be remembered for what we have done now.     

Chapter two
I think I have found a missing part of me
I have always had a dream that such a time in my life would come. I have waited for a long time, but this has not made me lose hope. I have worked hard to become some one, through thick and thin I have always tried to make myself significant and hence forth become some one. I have been tried, tested and now I know how to live with this feeling. My mother taught me to be patient as such a time in life would definitely come. I have lived to her advice up to date; with out making a mistake I have always been selective while selecting friends. Until I found you my heart rested, I am no longer in the forest searching for the missing piece of me. I have always wanted to tell this to you but could not find a suitable platform to do it.
Please you should know that distance does not matter, it is only that is on the bottom of the heart that matters. We have been friends for a long time, from childhood to date. You should know that you have been a good friend to me. I never knew that our friendship would eventually lead to this, the way you make me feel is awesome. It is such a strange feeling that I can not live with out, you have always encouraged me and advised me on important issues. I know this might not be the right platform for such a discussion but I can not just live with out this sweet feeling.  Please accept me in your life and you will never regret. We all have better ways of expressing our feelings, some cry, others talk a lot, others write and others can not just simply live with out the person that makes them happy. You should know that you are a person that makes me feel happy, complete and loved. Having tried to live to the purpose of my life like expressed in chapter one of this brief please help me move to another level. Please let us move our friendship to another level. You are the one I have always waited for, I have always admired you. You are such a darling to me, I expect to love you and spend the rest of my life with you. Help me realize my dreams and shape my future as I promise to make you happy, never harm you, love you and respect you.

Chapter three
What are you made of?
I can not really define or describe you in a sentence but can do this by writing a brief as you are incomparable to the rest. All I have to say is it is you I have been always searching for. 

To be continued 

THE POLICE SHOULD RESPECT THE RIGHTS OF UGANDANS
Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, nationality or ethnic origin, colour, religion, language, or any other status. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. The principle of universality of human rights is the cornerstone of international human rights law. This principle was first emphasized in the Universal Declaration on Human Rights in 1948, it has since then been embraced by various conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights for example noted that it is the duty of states to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. Since the adoption of the Universal Declaration of Human Rights on 10 December 1948, the UN has developed a wide range of international human rights standards and norms, as well as mechanisms to promote and protect those rights. The participation of other actors, including non-governmental organizations (NGOs), has been essential to this process. The rights and freedoms set out in the UDHR were not enforceable, although today most would be recognized as customary international law and some even as jus cogens. However, the UDHR did represent the first attempt to afford comprehensive international protection for the individual. It is upon this background that human rights protection at the national level through the implementation of the human rights obligations contained in the treaties is ensured. In spite of evident progress, serious human rights violations continue to occur worldwide. The Universal Declaration of Human Rights (UDHR) was adopted early in the life of the UN, by a General Assembly Resolution on 10 December 1948. It was drafted by the Commission on Human Rights. As a General Assembly resolution, the UDHR is not a legally binding instrument. That was not the intention; rather, in the words of Eleanor Roosevelt, Chair of the UN Commission on Human Rights and US Representative to the General Assembly, the UDHR was to act as a ‘common standard of achievement for all peoples of all nations’.
The UDHR set down minimum standards in respect of a number of wide ranging identified rights and freedoms. It contains 30 Articles relating to those rights and freedoms which are regarded as being every person’s birthright. Articles 1 and 2 of UDHR are regarded as fundamental, underlying all human rights: the right to freedom and equality and to freedom from discrimination. Articles 3–21 set out civil and political rights whereas Articles 22–27 refer to economic, social and cultural rights. The last three Articles call for a social and international order safeguarding the universal enjoyment of all human rights in which, inter alia, individuals have duties to the community. Uganda not being left out is a signatory to a number of international human rights legal instruments, namely the Universal Declaration of Human Rights. However, questions have been raised as to why a government that has in the first place assented to international obligations, gone ahead to codify them in its native law gone ahead to breach its obligations. It is important to note that under the 1995 constitution of Uganda quite a good number of rights and obligation are provided for. Similarly article 20 of the 1995 constitution of Uganda provides that fundamental rights and freedoms of the individual are inherent and not granted by the State, these rights and freedoms of the individual and groups as enshrined in Chapter four shall be respected, upheld and promoted by all organs and agencies of Government and by all persons. It is important to note that the state does not grant human rights but rather acts as a regulatory body on how they will be enjoyed. The government of Uganda headed by President Museveni which the citizens gave the mandate to govern through an election in 2011 should put this in consideration. Following the way government and its institutions mainly the police are handling the citizens in some instances is improper. Most especially in effecting arrest due to circumstances that have been dubbed illegal, it is important to note that the police does not in any way grant permission to stage assemblies as it is a constitutional right as per article 29 (1) (d). The mandate of police is merely to ensure that the assembly is staged in a peaceful manner and henceforth does not violate the rights of other citizens this is provided for in S.32 of the Police Act. The section further provides for the mandate of police to issue guidelines on how assemblies are to be conducted. However the manner in which demonstrators have in some scenarios been arrested by the police is way too much. In as much as some of them have in some instances overlooked the security guidelines, this does not call for effecting their arrest by spraying pepper in their eyes, crushing their cars, harassing them in public and handling them in a manner that is really demeaning.
Section 36 of the Police Act provides that the police officer in charge can do whatever it takes to disperse illegal assemblies. Important to note however is that the test of whatever it takes to disperse the assembly should be within the ambits of reasonable force. There is no reason for dragging people onto pickups like they are not human, battering them like snakes and even arresting them in a demeaning manner.

Human Rights Law

QUESTION;

Assess the effectiveness of both the treaty based human rights system in promotion and protection of human rights.

Introduction

Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups. The principle of universality of human rights is the cornerstone of international human rights law. This principle was first emphasized in the Universal Declaration on Human Rights in 1948, it has since then been embraced by various conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights for example noted that it is the duty of states to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. The promotion and protection of human rights and fundamental freedoms is one of the main mandates of the United Nations (UN), as set out in its Charter. Since the adoption of the Universal Declaration of Human Rights on 10 December 1948, the UN has developed a wide range of international human rights standards and norms, as well as mechanisms to promote and protect those rights. The participation of other actors, including non-governmental organizations (NGOs), has been essential to this process. In spite of evident progress, serious human rights violations continue to occur worldwide. In this context, and in recognition of the limitations of the international human rights system, the UN has recently launched a far-reaching reform process. Its main objective is to rationalize and improve the existing international mechanisms in order to ensure the realization of all human rights for all. Some significant changes have already taken place, notably the establishment, in 2006, of the Human Rights Council as a replacement for the former Commission on Human Rights. Today, there are more than 100 international human rights instruments (treaties, declarations, principles, recommendations, guidelines, etc.).

Assessment of the effectiveness of both the charter and treaty based human rights system in promotion and protection of human rights.

The principle of universality of human rights is the cornerstone of international human rights law. This principle was first emphasized in the Universal Declaration on Human Rights in 1948, it has since then been embraced by various conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights for example noted that it is the duty of states to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. The promotion and protection of human rights and fundamental freedoms is one of the main mandates of the United Nations (UN), as set out in its Charter. Since the adoption of the Universal Declaration of Human Rights on 10 December 1948, the UN has developed a wide range of international human rights standards and norms, as well as mechanisms to promote and protect those rights. The charter based aspect for the protection of human rights is mainly a set of obligations put henceforth by the UN charter that should be followed in order to avoid the blatant abuse of human rights. According the UN Charter of 1945 the duty of protecting individual human rights is vested in the state. Further to this, the UN Charter (1945) drives to the end of maintaining international peace and security, and to the affective collective measures for the prevention and removal of threats to the peace, and for the suppression of act of aggression or breach of peace... in the charter, the security council is vested with the power to the maintenance of international peace and security and equitable geographical distribution. According to the UN charter protection of human rights is mainly done through the various organs put in place for the maintenance of human rights observation. Individual claims can be lodged to the UN Security Council where a state fails to observe the human rights of its nationals. Accordingly the organ put in place by charter for the settlement of interstate disputes is the security where inter state disputes are also lodged.

The International Bill of Human Rights

The term ‘International Bill of Human Rights’ encompasses the human rights provisions of the 1948 Universal Declaration of Human Rights and the two international Covenants on human rights: the UN Covenant on the Civil and Political Rights, its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights. The Preamble to the UN Charter declares a cardinal principle of the UN as being to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small… However the predominant guiding principle of the founding fathers of the UN was to establish an international framework which would prevent further occurrences of major armed conflict by the promotion of international peace and security and cooperation among nation states. This international community was premised on ‘faith in fundamental human rights’: equality, the rule of law, social progress and cooperation between nations. Under Article 62(2) of the UN Charter the Economic, Social and Cultural Council (ECOSOC) was charged with a general duty to make ‘recommendations for the purpose of promoting respect for, and human rights and fundamental freedoms for all’. In pursuit of this aim the ECOSOC created the Commission on Human Rights, which became the central UN organ in the human rights area.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) was adopted early in the life of the UN, by a General Assembly Resolution on 10 December 1948. It was drafted by the Commission on Human Rights. As a General Assembly resolution, the UDHR is not a legally binding instrument. That was not the intention; rather, in the words of Eleanor Roosevelt, Chair of the UN Commission on Human Rights and US Representative to the General Assembly, the UDHR was to act as a ‘common standard of achievement for all peoples of all nations’. The UDHR set down minimum standards in respect of a number of wide ranging identified rights and freedoms. It contains 30 Articles relating to those rights and freedoms which are regarded as being every person’s birthright. Articles 1 and 2 are regarded as fundamental, underlying all human rights: the right to freedom and equality and to freedom from discrimination. Articles 3–21 set out civil and political rights whereas Articles 22–27 refer to economic, social and cultural rights. The last three Articles call for a social and international order safeguarding the universal enjoyment of all human rights in which, inter alia, individuals have duties to the community.
The rights and freedoms set out in the UDHR were not enforceable, although today most would be recognised as customary international law and some even as jus cogens. However, the UDHR did represent the first attempt to afford comprehensive international protection for the individual. It is obviously important that UN human rights instruments be assessed as to their impact on promoting and protecting the human rights of individuals who are the nationals of contracting parties.

The objective of the human rights treaty system is to ensure human rights protection at the national level through the implementation of the human rights obligations contained in the treaties. The primary aims of the treaty system are to:
• encourage a culture of human rights
• focus the human rights system on standards and obligations
• engage all states in the treaty system
• interpret the treaties through reporting and communications
• identify benchmarks through general comments and recommendations
• provide an accurate, pragmatic, quality end product in the form of concluding observations for each state
• provide a remedial forum for individual complaints
• encourage a serious national process of review and reform through partnerships at the national level
• operationalize standards
• mainstream human rights in the UN system and mobilize the UN community to assist with implementation and the dissemination of the message of rights and obligations.

Accordingly, the effectiveness of the treaty system must be assessed by the extent of the national implementation of the recommendations resulting from constructive dialogue under reporting procedures, decisions under the four individual complaints procedures currently in operation and the outcome of inquiries. It must also be assessed by how successful the system has been in providing States with authoritative guidance on the meaning of treaty provisions, preventing human rights violations, and ensuring prompt and effective action in cases where such violations occur.
The system’s effectiveness should also be assessed by how far the output of these procedures has been integrated into all national, regional and international efforts to protect human rights.
The nine core international human rights treaties dealing with specific human rights are:

1. The International Covenant on Civil and Political Rights (ICCPR) (1976)
2. The International Covenant on Economic, Social and Cultural Rights (ICESCR) (1976)
3. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (1969)
4. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1981)
5. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (1987)
6. The Convention on the Rights of the Child (CRC) (1990)
7. The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (2003)
8. The International Convention on the Rights of Persons with Disabilities (2008)
9. The International Convention for the Protection of All Persons from Enforced Disappearance (This treaty had not entered into force as of June 2008.)

A treaty enters into force once a certain number of States (as determined by the treaty itself) have ratified or acceded to it. Of the nine core international human rights treaties, only the International Convention for the Protection of All Persons from Enforced Disappearance had not entered into force as of June 2008, as it had not yet been ratified by the required 20 States.
Some treaties are supplemented by optional protocols, which State Parties to the treaty may ratify. Optional protocols normally contain provisions regarding a specific issue and/or allow for specific procedures, such as individual complaints or inquiries.

Accordingly a number of mechanisms have been introduced in an attempt to monitor compliance with each human rights treaty.
The main international human rights treaties have established special committees which have been specifically entrusted with the task of supervising the way countries abide by their treaty obligations. These treaty bodies of which are currently nine, have been created pursuant to the relevant UN human rights treaties, as follows:
The Human Rights Committee (HRC), created under the ICCPR
The Committee on Economic, Social and Cultural Rights (CESCR), created under the ICESCR
The Committee on the Elimination of Racial Discrimination (CERD), created under the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD)
The Committee on the Elimination of Discrimination against Women (CEDAW), created under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).
The Committee Against Torture (CAT), created under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), created under the Optional Protocol to the Convention against Torture (OPCAT)
The Committee on the Rights of the Child (CRC), created under the Convention on the Rights of the Child (CRC)
The Committee on Migrant Workers (CMW), created under the International Convention on the Protection of the Rights of All Migrant Workers and Their Families (ICRMW)
The Committee on the Rights of Persons with Disabilities (CRPD), created under the Convention on the Rights of Persons with Disabilities (CRPD).
The treaty bodies conduct their implementation programmes in three major phenomenons which include;
Meeting periodically throughout the year, the treaty bodies fulfill their monitoring function through one or more of three different methods.
First, all states parties are required by the treaties to produce state reports on the compliance of domestic standards and practices with treaty rights. These reports are reviewed at various intervals by the treaty bodies, normally in the presence of state representatives.
Concluding observations, commenting on the adequacy of state compliance with treaty obligations, are issued by the treaty bodies following the review.
Second, in the case of four treaties individuals may complain of violations of their rights under the treaty (the Civil and Political Covenant, the Racial Discrimination Convention, the Convention Against Torture, and the Women’s Discrimination Convention). These complaints are considered by the treaty body which expresses a view as to the presence or absence of a violation. Third, in the case of CAT and CEDAW, their work includes another procedure. This is an inquiry procedure which provides for missions to states parties in the context of concerns about systematic or grave violations of treaty rights. In addition, the treaty bodies contribute to the development and understanding of international human rights standards through the process of writing General Comments or Recommendations. These are commentaries on the nature of obligations associated with particular treaty rights and freedoms.

On becoming a party to a treaty, a state undertakes certain legal obligations and is legally bound to implement the rights set out in that treaty. As we have seen, the guarantee of a right is only good if there is compliance with the treaty. In other words, an individual can only derive actual benefit from the UN human rights treaty provisions if their state is implementing the provisions of the treaty. Compliance with the treaty needs to be monitored, and to this end reporting procedures have been introduced. So as to establish how a contracting party is giving effect to the rights it has pledged to provide within its territory, all UN human rights treaties impose the obligation of periodic reporting upon states parties. This normally means that on becoming a party to a convention, a state must submit an initial report (normally a year after joining the treaty). Following this initial report, a state is obliged to submit periodic reports and these often vary according to the treaty. In these reports states are required to elaborate on ‘the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights’ (Art. 40 of the ICCPR). Each state party must first show what it has done to implement the rights envisaged by the treaty and this can be demonstrated by legislative initiatives, amendments to existing legislation, administrative and social policies, and educational campaigns and so on.
Secondly, the progress that has been made towards achieving the full enjoyment of the rights protected by the treaty is also required to be presented to the committee. The treaty body may then present the state with a number of issues and questions based on the report submitted. Similarly, the committee is presented with a shadow report from another organ which it compares with the state report for inconsistencies.  The Concluding Observations represent the treaty body’s ‘jurisprudence’ and reflect its understanding and interpretation of the substantive rights contained in the treaty and the way these should be implemented. They are normally made public, so the Concluding Observations of the situation in one state can be a good point of reference for other states. The treaty bodies may also use the reporting obligation of the countries to request ad hoc reports. Thus, for example, according to Article 9 of ICERD, states parties are obliged to submit initial reports within one year of the entry into force of the Convention for the state concerned. Thereafter the reports must be submitted every two years and whenever the Committee so requests. Submission of reports by state parties allows the treaty body to monitor the general situation in the country and see what measures governments are taking to implement the obligations they have undertaken pursuant to their treaty obligations.

A number of UN human rights treaties have introduced special provisions for individual communications i.e.: individual complaints of human rights violations. These treaties are:
ICCPR – First Optional Protocol
ICERD
CAT
ICRMW
CEDAW – Optional Protocol
CRPD – Optional Protocol.

However, by becoming a party to a treaty, the state party does not automatically accept the individual complaints procedure. This can be done by either ratifying an optional protocol, as in the cases of the ICCPR and CEDAW, or by making a specific declaration accepting the individual complaints system, as with CAT, ICERD and the ICRMW.
Once again, each of these treaties contains provisions specifying how its individual complaints system operates, but there are some common features. In general, domestic remedies must have been exhausted for a communication to be held admissible. This rule respects the general principle of state sovereignty and provides each state party with the possibility of addressing the problem domestically before involving the international mechanism. However, if the applicant can show that the domestic remedy will be ineffective (for example, unduly long and cumbersome), the treaty body may still accept the communication. The communication must not be under consideration by any other international or regional human rights body or be subject to an international settlement procedure. The communication must not be anonymous. The communication must be submitted by a victim of the violation. This means that complaints of an actio popularis nature are not admissible and the applicant must show how his/her rights have been infringed. However, this does not mean that a communication cannot be submitted on someone’s behalf. This can be done with authorization from a victim or even without explicit authorisation where the vicarious complainant has a close relationship to the victim. It should be noted that some treaties, for example the Optional Protocol to CEDAW, also allow communications from groups of victims. Communications which the treaty body deems to be an abuse of the right to individual complaint or to be incompatible with the provisions of the treaty are not considered. Thus the communication must be substantiated. Inter state procedure similar to the individual complaints, this procedure allows one state party to complain to the treaty body that another state party has failed to comply with its obligations under a treaty. Periodic reporting and the complaints systems are the two most common mechanisms for ensuring and monitoring state compliance with obligations imposed by UN human rights treaties. However, other devices have been employed by various treaty bodies, including among others General Comments and inquiries. General Comments present the views of the treaty body about the rights contained in the relevant treaty, and constitute the most authoritative interpretation of the substantive rights contained in the treaty. They thus represent another important source of information for states parties in guiding their understanding of the obligations they have undertaken.

Some of the treaty bodies are empowered to initiate inquiries. The Optional Protocol to CEDAW provides the Committee on the Elimination of Discrimination Against Women with the right to initiate inquiries if it has received reliable information attesting to well-founded instances of serious or systematic violation of Convention rights. Similarly, CAT provides the Committee against Torture with the right to initiate inquiries if it has received reliable information on the commission of an act of torture. The early warning system is a procedure is envisaged in the working paper adopted by CERD in 1993. It is designed to help the Committee on the Elimination of Racial Discrimination develop measures to prevent and respond more effectively to violations of ICERD. Early warning measures are designed to prevent existing problems from escalating into conflicts, and can also include confidence-building measures to identify and support whatever strengthens and reinforces racial tolerance, particularly to prevent a resumption of conflict where it has previously occurred. There are also other mechanisms devised by some treaty bodies. Thus, for example, the Committee on the Elimination of Racial Discrimination holds thematic discussions about issues related to racial discrimination such as the prevention of genocide. (Thematic Discussion on the Prevention of Genocide, http://www.unhchr.ch/)
Similarly, the Committee on the Rights of the Child holds days of general discussion. The purpose of these discussions is to facilitate a better understanding of the contents and implications of the Convention on the Rights of the Child as they relate to specific articles or topics. The General Comments and other mechanisms identified above add to the body of ‘jurisprudence’ of each of the treaty bodies in that they provide the interpretation of the duties that states have undertaken by becoming parties to a particular treaty.

Bibliography

Charter of the United Nations 1945
Optional Protocol to CEDAW
The United Nations System: How to make it work for you, 2008
The UN Human Rights Treaty System, Universality at Cross roads, 2001
United Nations Protection of Human Rights, Mechanisms for Human Rights Protection by United Nations Bodies, University of London Press 2009
http://www.ohchr.org/english/bodies/cerd/early-warning