Saturday, February 21, 2009

Uganda Christian University Intra-Moot Competition Problem

Procedural Posture

This is an appeal against the decision of the Constitutional Court of Uganda dismissing the petition of the Appellant challenging the constitutionality of certain actions and policies of the Respondent. The Appeal is pending in the Supreme Court of Uganda.

THE PARTIES

A. The Appellant

The Appellant, Robert Penn Selassie, is a citizen of Uganda and a current student at Uganda State University.

B. The Respondent

The Respondent is Uganda State University.

Uganda State University is a public and secular university which exists and acts under the authority of the Universities and Tertiary Institutions Act.

FACTUAL BACKGROUND

Family Background of Robert Selassie

Robert Penn Selassie’s father came from Ethiopia to Uganda in the early 1980’s. There he met Robert’s mother, a Quaker (Society of Friends) missionary from the U.S.A. working in Uganda. Robert and his siblings are dedicated followers of both the Rastafarian and the Quaker faiths.

Description and Key Tenants of Rastafarianism

Rastafarianism is a monotheistic, Abrahamic, modern religious movement that accepts Haile Selassie I, the former Emperor of Ethiopia, as the incarnation of God, called “Jah” or “Jah Rastafari.” Rastafarianism has little if any structure or ecclesiastical authority. Is is viewed as being fairly loose doctrinally, but it has certain core beliefs and practices shared by its adherents.

For Rastasfarians, smoking marijuana is a spiritual act that is often accompanied by Bible study. Rastafarians consider smoking marijuana a sacrament that cleans the body and mind, heals the soul, exalts the consciousness, facilitates peacefulness, brings pleasure, and brings them closer to Jah. The burning of marijuana is often said to be essential "for it will sting in the hearts of those that promote and perform evil and wrongs."

While it is not a strict requirement of the faith, it is customary in the Rastafarian faith for males to grow their hair out in dreadlocks. Rastafarians believe that razors and scissors are the product of an ungodly culture they refer to as Babylon (the West) and that it is best not to use “Babylonian” implements. Rastafarians cite the story of Samson as well as other Biblical passages as grounds against the cutting of hair. The length of a Rastafarian’s dreads is seen as a measure of wisdom, maturity, and knowledge in that it can indicate not only the Rastafarian’s age, but also his/her time as a Rasta. Dreadlocks have also come to symbolize the Lion of Judah (its mane) to the Rastafarians as well as rebellion against Babylon.

Description and Key Tenants of The Society of Friends

The Religious Society of Friends, commonly known as the Quakers, was founded in England in the 17th century as a Christian religious denomination by people who were dissatisfied with the existing denominations and sects of Christianity. Although nearly all Quakers in previous centuries, and many today, recognize Quakerism as a Christian movement, a few Friends (principally in some Meetings in the United States and the United Kingdom) now consider themselves universalist, agnostic, atheist, secular humanist, post-christian, or Nontheist Friend, or do not accept any religious label.

The Peace Testimony of the Society of Friends, also known as the Testimony Against War, is a shorthand description of the stand generally taken by Quakers against participation in war, and against military service as combatants. Like the other Quaker testimonies, it is less a "belief" than a commitment to act in a certain way, in this case to refrain from participation in war and to actively oppose it and those who participate in war. The Quakers' original refusal to bear arms has been broadened to embrace protests and demonstrations in opposition to government policies of war and confrontations with others who bear arms, whatever the reason, in the support of peace. In 1947 Quakerism was awarded the Nobel Peace Prize, which was accepted by the American Friends Service Committee and British Peace & Social Witness on behalf of all Friends. The Peace Testimony has not always been well received in the world; on many occasions Quakers have been imprisoned for refusing to serve in military activities — many conscientious objectors have been Quakers.

Personal Religious Practices of Robert Sellasie

Robert Sellasie is very serious in his commitment to the tenants and religious practices of Rastafarianism and The Society of Friends. He spends time daily in prayer and Biblical study. He often smokes marijuana during his prayer sessions. He is attempting to grow his hair out into dreadlocks and wears extensions at Rastafarian functions. He also attends weekly services at a Society of Friends Meeting House in Kampala. He has also signed a Peace Testimony composed by the members of the Kampala Meeting House that declares that its signatories are opposed to raising arms against any fellow human being under any circumstances.

The JAMOP Program at Uganda State University

Uganda State University offers a special program called the Justice in African Military Operations Program (JAMOP). Students enrolled in the JAMOP program are granted scholarships that provide an allowance to cover cost of living and given a tuition waiver. The JAMOP is sponsored through a special joint grant from the Government of Uganda and the United Nations.

The purpose of the JAMOP program is to train future military leaders to also be leaders in areas of human rights and social justice.

The Facts and Circumstances of Robert Sellasie’s Enrollment and Matriculation into Uganda State University and the JAMOP Program

Robert Sellasie’s family has limited economic capacity and the only way he could afford a university education was through a scholarship. When Robert learned about a financial aid package associated with the JAMOP program he decided to apply to USU.

Robert was admitted for acceptance in both USU and the JAMOP program in February 2008 and enrolled in September 2009. At the time of his enrollment Robert was the only Rastafarian enrolled in UCU and the only male participant in JAMOP with long hair. He was also the only Quaker to enroll in the JAMOP program. At the time Robert was admitted, USU and the JAMOP program were not aware that Robert was an adherent to both the Rastafarian and Quaker faiths.

The JAMOP application packet that Robert was required to fill out included the following language: “Participants in JAMOP must be committed to humanitarian concerns and the pursuit of peace. You will receive training designed to help you be a positive force in achieving such goals in the military, political and diplomatic arenas.”

In addition the application included the following question: “Do you hold any beliefs which are contrary to the goals and mission of the JAMOP.” Robert’s response to this question was “No.” Robert believes that he answered this question honestly.

There was nothing in the application materials issued by UCU or JAMOP that called for the applicant to specifically provide information regarding religious beliefs.

The application materials stated that USU and JAMOP does not discriminate based on race, sex, ethnicity, tribe, creed or religious orientation.

The students in the JAMOP program are subject to several special requirements. JAMOP students are required to participate in daily drills and military exercises, comply with a military dress code, and take courses on humanitarian law, military strategy and peace-keeping operations. General information about these requirements was included in the JAMOP application materials. Robert signed a statement in the JAMOP application that he “agreed to satisfy the extracurricular requirements of the JAMOP program.”

Facts and Occurrences after the Matriculation of Robert Sellasie at USU

The Director of the JAMOP program at USU first became aware of Robert’s religious beliefs at a JAMOP launch dinner for the newly admitted participants in September of 2008. The Director expressed surprise upon learning that Robert was both a Rastafarian and a Quaker and stated “My word son, quite a combination for a future soldier!” He also tugged on one of Robert’s dreadlocks and commented “We will make a soldier out you yet my son.”

The JAMOP dress code in place at the beginning of September Semester 2008 merely required that students wear fatigues during JAMOP training sessions and exercises. As of October 2008, the dress code was modified and students are required to wear two pins on their fatigues. One required pin features a cross, crescent and Uganda flag on the top and has writing beneath stating “Under these signs conquer injustice and tyranny.” Another pin simply reads the National Motto of Uganda “For God and My Country.” Both of these pins were distributed in October of 2008 to the participants in the JAMOP program.

In October of 2008 the JAMOP program also instituted a grooming policy that requiring all male participants to cut their hair short and forbid the wearing of hair extensions.

Finally, the JAMOP program also instituted a drug-testing program in October of 2008. Students that fail two drug tests are dismissed from the JAMOP program. Marijuana is one of the substances for which they are tested.

Robert was troubled by the new requirements of the JAMOP program and felt as if they were directed against him.

Robert did not feel comfortable with the new lapel pins. He refuses to wear the pin with the slogan stating “Under these signs conquer injustice and tyranny.” Instead he chooses to wear a pin of the Ugandan flag. He also refuses to wear the pin stating “For God and My Country” and wears a pin he had specially made which states “For Jah and My Country.”

Robert cut his hair after the grooming policy was issued in October. However, Robert did so under protest and has refused to cut it since. Robert wears dreadlocks extensions on occasion but he never wears them when is wearing his JAMOP fatigues or at JAMOP functions.

Robert tested positive for marijuana during the first JAMOP drug testing session in October of 2008. Since that time he has stopped using marijuana and has passed subsequent drug tests. However, Robert has protested the drug testing policy with respect to marijuana use by followers of the Rastafarian faith and has asserted that the policy is unconstitutional and discriminatory as applied to him.

In November of 2008 the Director of the JAMOP program sent a letter to Robert notifying him that Robert was to be removed from the JAMOP program based on the fact that Robert’s religious philosophy was inconsistent with the goals of the JAMOP program. The Director wrote that “(t)he JAMOP program is designed to train future military leaders. Your commitment to the Society of Friends and its ‘Testimony Against War” makes you incompatible. We simply cannot have a conscientious objector taking up valuable space in this program. We will continue to honor our scholarship offer until you are honorably discharged from the program prior to September intake of 2009.

Robert has been an additional source of controversy at USU based on his efforts to use school facilities for religious purposes. Robert sought to use classroom space at USU to conduct Rastafarian religious sessions and Reggae music listening sessions. Despite the fact that USU provides classroom space for Christian student fellowships and Islamic student gatherings, the administration of USU has rejected Robert’s requests on the grounds that Rastafarianism is not a legitimate religion, and that there are not enough Rastas on campus to justify the provision of classroom space. The USU administration also denied the request on the grounds the Rastafarian practice of smoking marijuana is inconsistent with the law and University policy.

DESCRIPTION OF CIVIL PROCEEDINGS IN THIS CASE

Robert filed suit against Uganda State University alleging the following grounds:

1. The dress code policy requiring male participants in the JAMOP program to cut their hair short is inconsistent and in contravention of Articles 20, 29 (1) (c), 30 and 37 of the Ugandan Constitution as applied to Robert Sellasie and other followers of the Rastafarian Faith.
2. The dress code policy requiring male participants in the JAMOP program to wear the lapel pins stating “For God and My Country” and “Under These Signs Conquer Injustice and Tyranny” is inconsistent and in contravention of Articles 20, 29 (1) (c), 30 and 37 of the Ugandan Constitution as applied to Robert Sellasie and other followers of the Rastafarian Faith and members of the Society of Friends.
3. The drug testing policy instituted by the USU through the JAMOP program is is inconsistent and in contravention of Articles 20, 29 (1) (c), 30 and 37 of the Ugandan Constitution as applied to unconstitutional and discriminatory as applied to Robert Sellasie and other followers of the Rastafarian Faith.
4. USU’s decision to discharge Robert Sellasie from the JAMOP program is inconsistent and in contravention of Articles 20, 29 (1) (c), 30 and 37 of the Ugandan Constitution.
5. USU’s refusal to provide access to classrooms for Rastafarian religious meetings and music listening sessions inconsistent and in contravention of Articles 20, 29 (1) (c), 30 and 37 of the Ugandan Constitution.

USU filed a motion to dismiss all of five claims asserted by Robert Sellasie. The Constitutional Court of Uganda dismissed all five claims.

This matter is now pending before the Supreme Court of Uganda. You can presume that any argument you choose to raise regarding the five theories of relief listed above in the brief have been preserved in the litigation below.

LEGAL AUTHORITY

You are not limited in the use of any legal authority that you choose to cite. The case is pending in the Supreme Court of Uganda so Ugandan authority is preferred, but authority from outside Uganda may be cited if the team deems it appropriate.

There are three cases that are recommended for your review to begin your legal research in preparation for your briefs. They are as follows:

Sharon and Others v Makerere University, (Constitutional Appeal No. 2 of 2004 ) [2006] UGSC 10 (1 August 2006) (and the cases cited therein) (available on the Internet at )

Good News Club v. Milford Central School, 533 U.S. 98 (2001) (available on the Internet at )

and

R. v. Taylor [2002] 1 Cr. App. R. 37 (United Kingdom) (no link provided at this time)

You may choose to draft your brief on behalf of Appellant Sellasie or the Respondent Uganda State University.

Please refer to the “Rules for 2009 Intra-UCU Moot Competition” also appearing in the UCU Moot Blog for guidance on deadlines, formatting, procedures and other rules regarding this competition.

This problem is subject to revision. A supplement to this problem will be issued if deemed necessary to make corrections or to respond to questions or concerns raised by the problem in its current form.

Good luck!

Brian Dennison
Director of UCU Moots Program

Rules for 2009 Intra-UCU Moot Competition

Teams:

Each team shall be comprised of at least two and no more than three members.

All team members must be enrolled in UCU’s Faculty of Law in 2009.

All team members must be from the same year of study. Team members are not required to be enrolled in the same intake sessions.

Each team must register with the Faculty of Law before filing their briefs.

Upon registration teams will be assigned a team number that they will use when filing their briefs.

Schedule:

Briefs must be submitted in paper form to the Faculty of law in the designated box or electronically to Brian Dennison at bdennison@law.ucu.ac.ug by 13 May, 2009.

Late briefs will not be accepted after 18 May, 2009.

Teams that have been selected to compete in the oral rounds will be posted at the Faculty of Law by June 1, 2009. Out of session students who have qualified to advance to the oral rounds will be notified by other means.

The oral competition will be scheduled to take place some time in June of 2009.

(Due to timing of exams, it has been determined that the competition needed to be held after the conclusion of January semester. The Moot Program Director apologizes to students in September intakes if this will cause difficulty in attending the oral competition off-session.)

Briefs:

In order to compete in the oral rounds of the Intra-UCU Moot teams are required to file a single brief on behalf of either the Appellant or Respondent.

The brief must be typed, and double-spaced.

The brief may not exceed 25 pages. There is no minimum length.

The brief shall consist of a title page, a table of authorities, a concise statement of facts and proceedings (not to exceed 5 pages in length), a legal argument section, and a short prayer of relief.

Teams are not limited to the legal authorities provided or referenced in the moot court problem. Additional authority may be used if the team believes it is relevant to their position or if there is relevant authority that they believe they have a duty to present to the court in order to fairly represent the pertinent legal authority.

The team number and the year of study must be listed on the top corner of the first page of the brief and at the end of the brief on a by-line.

You may not include the names of team members on the brief.

Scoring of the Briefs:

The briefs will be scored on the following grounds:

Writing Style and Organization – 20 Possible Marks
Legal Analysis and Application of Law to Facts– 20 Possible Marks
Compliance with Instruction – 10 Possible Marks

There is a 5 mark reduction for each day that the brief is filed late. No briefs will be accepted after 3 April, 2009.

Oral Rounds:

The teams with the four highest scored briefs in each year of study will be permitted to compete in the oral rounds. If there are four briefs or less than four briefs submitted for any year of study, all teams that have submitted briefs in that year of study will advance to the oral rounds with the highest scoring brief receiving a bye in case there is an odd number of entries.

The teams from each year of study will compete against each other to determine the winning team from that year.

The four teams from each year of study will compete against each other for the title of Intra-UCU Champion.

Each Oralist in the Oral Rounds will be scored as follows:

Knowledge of Law: 20 possible marks
Application of the Law to Facts: 20 possible marks
Ingenuity and Ability to Answer Questions : 20 possible marks
Style, Poise, Courtesy and Demeanor: 20 possible marks
Organization: 20 possible marks

In the first two rounds, the team with the highest brief score will get to choose which side it wants to argue.

In the final two rounds the side to be argued by each team will be determined by coin flip.

Welcome to the UCU Moots Blog

UCU Moots

Welcome to the UCU Moots Blog! We appreciate your interest in our program.

The purpose of the UCU Moot Program is to provide UCU law students with the opportunity to compete in oral advocacy programs in Uganda, East Africa and all over the world.

We believe that participating in moot competitions provides students with excellent learning opportunities and chances to enhance skills that will be useful in future careers. We also believe that participation in international moot competitions can provide our students with unique networking, educational, internship and employment opportunities.

There are several key programs that make up the UCU Moot program.

Intra-University Moot Competition

First, UCU plans to conduct an annual Intra-UCU moot competition. This competition will normally takes place January Semester when all law students are in session. (Due to time constraints the 2009 Intra-UCU competition will take place this May with written briefs to be filed during January semester.) The rules for the 2009 competition and the 2009 Intra-UCU Moot problem will be featured on this blog. Students who perform well in the Intra-UCU competition will receive favourable treatment in the selection process for the national and international competitions discussed below.

Uganda-wide Moot Competition

The second piece of the UCU moot program is the establishment and hosting of a Uganda-wide moot. This competition will be open to all law schools in Uganda. We hope to make this an annual competition to be held each April or May beginning in 2010.

International Competitions

The goal of the UCU Moots Program is to compete in a number of international moots each year. We have targeted certain moot competitions for participation. The different competitions that we seek to participate in are listed below.

The International Moot Competition hosted by Humanitarian Law East Africa

The International Humanitarian Law East Africa (), an arm of the International Committee of the Red Cross, hosts an annual oral advocacy and role playing competition each November in Arusha. The competition lasts for approximately one week. The competition is modelled after the Jean-Pictet Competition (see ) Each year two teams from Uganda are selected to participate in the competition against other teams from East Africa. Each team has three members. Teams should have at least one male participant and one female participant. In order to be selected in the competition team members are required to demonstrate knowledge concerning international humanitarian law. Due to this requirement UCU normally only allows fourth year students enrolled in International Humanitarian Law to submit applications to the Arusha Competition. This limits eligibility to 4th year September intake students.

The Philip C. Jessup International Moot Competition

The Jessup Competition is the largest moot court competition in the world. The subject matter of the competition is international law. The Jessup Competition is celebrating its 50th anniversary in 2009. One team from Uganda is eligible to participate in the annual international round of the competition in Washington D.C. A team from Uganda Christian University qualified to represent Uganda this year. A Jessup team can consists of five up to five members. The international round is held each March and national rounds are held in January or February if necessary. For more information on the Jessup competition you may visit the competition’s web site at UCU’s Jessup team is made up of two or three fourth year students and two or three third year students for a total of five team members.

The African Human Rights Moot Competition

The Centre for Human Rights based at the Faculty of Law, University of Pretoria, South Africa hosts an annual moot competition. The competition has been held at various locations on the Continent. The 2009 competition is to be held in Lagos, Nigeria and prior competitions have been held in South Africa. The competition is normally held in the Summer. Due to the fact that September intake students have an advantage in participating in other competitions, the Faculty of Law will give preference to students in the January intake when selecting students for this competition. Teams consist of two members (preferably one male and one female). Uganda Christian University intends to register to compete in the 2010 competition. For more information on this competition please go to

The International Criminal Court Trial Competition

The International Criminal Court hosts an annual mock trial competition in The Hague, Netherlands. The competition is held in February. UCU has not participated in this competition in the past due to a lack of funding. If funding is available UCU may pursue efforts to compete in this competition. Students selected for this competition would be fourth year students who have demonstrated ability oral advocacy, have performed well academically in all classes, and who have demonstrated particular acumen in International Law, Evidence and Criminal Law. For more information on this competition please go to

Other International Oral Advocacy Competitions

Other international oral advocacy competitions can be found at the International Law Students Association’s website at