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The right to development in post conflict societies : lessons from the Acholi people in northern Uganda

Thesis (LLD (Human Rights))--University of Pretoria, 2021.

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Other Authors: Hansungule, Michelo
Format: Thesis
Language:English
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Hansungule, Michelo
author_browse Hansungule, Michelo
author_facet Hansungule, Michelo
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Thesis (LLD (Human Rights))--University of Pretoria, 2021.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:38:52.535Z
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provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2021
publishDateRange 2021
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spelling oai:repository.up.ac.za:2263/82025 The right to development in post conflict societies : lessons from the Acholi people in northern Uganda Hansungule, Michelo mginamia@yahoo.com Ginamia, Melody Ngwatu UCTD Human Rights post conflict societies Thesis (LLD (Human Rights))--University of Pretoria, 2021. The Acholi people have remained poor despite the existence of a legal regulatory framework to guarantee enjoyment of the right to development (RTD) in Uganda. The study, therefore, seeks to explore alternative approaches for the protection and attainment of the RTD for the Acholi; a society that recently emerged from a conflict that lasted over 20 years. The conflict stifled the Acholis’ development opportunities and stripped them of their culture, a corner-stone for development in their society, due to forced encampment. The broken cultural system had the effect of limiting access to development opportunities. In the absence of protection from cultural structures, access to land and other sources of livelihood, the Acholi were reduced to a life of abject poverty during and after the conflict. The objective of this study was two-fold. First, to contribute to the debate on justiciability of the RTD for the Acholi by questioning the efficacy of the legal, policy and institutional framework for the protection of developmental rights in the post-conflict setting. The study also sought to explore the use of alternative approaches, including a clan-based development model, to facilitate development of the Acholi. This is in line with the right to self-determination which recognises the right of all people to freely participate in their development. From a theoretical standpoint, despite its controversial nature, the study shows that the RTD is indeed recognised under the African Charter, and is, therefore, justiciable in Uganda by virtue of article 45 of the Uganda Constitution. However, the legal basis upon which the RTD can be claimed is weak given that the right is only justiciable at the African regional level, beyond the reach of an ordinary Acholi of limited means. Its justiciability alone has remained contentious not just in Africa but also in the international realm. The study advocates for the adoption of a clan-based development model to tap into the pre-conflict Acholi clan structure through which development could be communally attained. This process would be state-funded through public-private partnerships in a bid to facilitate sustainable and meaningful development in Acholiland. The study advances the need for legal and institutional reforms; including, constitutional reforms to give formal recognition of the RTD in the bill of rights. The recognition of the role of culture in development planning and peace processes is also advocated for as it is critical for ensuring sustainability of peace and development. Centre for Human Rights LLD (Human Rights) Unrestricted 2021-10-04T06:38:11Z 2021-10-04T06:38:11Z 2021-12 2021 Thesis Ginamia, MN 2021, The right to development in post conflict societies: Lessons from the Acholi people in northern Uganda, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd http://hdl.handle.net/2263/82025 D2021 http://hdl.handle.net/2263/82025 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Human Rights
post conflict societies
The right to development in post conflict societies : lessons from the Acholi people in northern Uganda
title The right to development in post conflict societies : lessons from the Acholi people in northern Uganda
title_full The right to development in post conflict societies : lessons from the Acholi people in northern Uganda
title_fullStr The right to development in post conflict societies : lessons from the Acholi people in northern Uganda
title_full_unstemmed The right to development in post conflict societies : lessons from the Acholi people in northern Uganda
title_short The right to development in post conflict societies : lessons from the Acholi people in northern Uganda
title_sort right to development in post conflict societies lessons from the acholi people in northern uganda
topic UCTD
Human Rights
post conflict societies
url http://hdl.handle.net/2263/82025