The 2011 UCU Intra-University Moot Problem

The 2011 UCU Intra-University Moot Problem

This Moot Problem takes place in the not so distant future. On the 15th of June, 2011 the “Protect Uganda Act” became law. According to the legislative history, Parliament created the Protect Uganda Act in response to security concerns brought on by the terrorist bombings that took place on the night of the World Cup Final in 2010.

The Protect Uganda Act establishes an Administrative body known as the Commission for Homeland Security. This Commission is a branch of the Executive Government and its Commissioner is appointed by the President. The Protect Uganda Act contains many controversial provisions. Here are a few of the most controversial:

The Establishment of a Mandatory Identification Card and the Designation of “High Risk” Ethnic Groups and Religious Sects

The Protect Uganda Act requires all inhabitants of Uganda to obtain a Ugandan Identity Card. The Protect Uganda Act requires that all Uganda Identity Card include information about the individual’s ethnic/tribal background and the individual’s religious affiliation, including the individual’s religious sect or denomination. Failure to provide this information is a criminal offence punishable by five years confinement and a 10 Million UGX fine. It is not an offence to submit that one has no religious affiliation.

The Protect Uganda Act gives the Commissioner of the Commission for Homeland Security the right to designate ethnic groups and religious sects as “high risk” if the Commissioner determines that members of these groups present an aggregate threat to domestic security that substantially exceeds the security risks presented most ethnic groups and religious sects.

The default colour for identification cards for Ugandan citizens is white and the default colour for non-Ugandan citizens is yellow. However, the Protect Uganda Act provides that members of designated high-risk ethnic or religious groups are issued green identification cards. All transportation providers are required to ask for identification cards prior to allowing any individual to board their vehicle. This applies to all vehicles in Uganda. All providers of communication services including but not limited to mobile phone service providers, mobile phone sellers, internet cafe operators, internet service providers are required check the identification card of any individual they sell or otherwise provide communication technology or services to. The Commission for Homeland Security has the power to establish rules to limit, monitor and bar access to communication technology to members of high risk ethnic groups or religious sects.

Meeting Notification Requirements

The Protect Uganda Act provides that there shall be no civilian gathering in excess of thirty (30) people without first registering the gathering with the Committee for Homeland Security. This requirement applies to all civilian meetings, including meetings of a religious or ceremonial nature. The Commission for Homeland Security may charge a fee for any application it receives in order to cover the cost of processing the registrations. The fee must not be disproportionate to the cost of processing, investigating and observing the subject event. The cost of the fee may differ depending on the nature of the gathering. Regularly reoccurring events such as store business hours and weekly religious services can be registered as reoccurring events for up to one year.

Designation and Observance of Militant Religious Bodies

The Commission of Homeland Security has the power to designate certain religions, religious sects, religious denominations or religious congregations as Militant Religious Bodies. A Militant Religious Body is any religious body who by creed, doctrine, teaching, preaching, discipleship or the dissemination of written materials advocates for the use of violence in order to achieve religious ends. The Committee may require any religious body to submit information and cooperate fully with any investigation needed to determine the religious body’s proper designation.

All religious bodies designated as Militant Religious Bodies are required to grant access to a safety observer who has the right to attend all religious events or services sponsored or conducted by that religious body. Militant religious bodies are required to cover all expenses associated with the observational services pertaining to their events and services. The Militant Religious Body must provide written notification of all activities regardless of the number of participants to both the assigned observer and the Commission for Homeland Security at least ten (10) days prior to the activity. The Committee to Protect Uganda may charge an economically commensurate processing fee for all written notifications provided by the militant religious body.

Special Rules Regarding Educational Providers Associated with Militant Religious Bodies

All religious-based and religiously affiliated educational institutions must register with the Commission of Homeland Security. Any educational facility associated with a militant religious body is ineligible of receiving state funds and shall not be an accredited educational institution by any organ of the State of Uganda.
Any educational facility associated with a militant religious body must record all classroom instruction on audiotape and must receive prior approval for all written materials disseminated to students.

Any individual who has studied for more than five years at an educational institution associated with a militant religious body shall be ineligible to hold any political position or publicly funded position of employment that concerns the domestic safety and security of Ugandans. This provision applies to anyone who studied at such an institution for any five-year period after 1991. Individuals subject to this restriction may restore their personal eligibility to hold political positions and publicly funded positions upon completing a de-sensitisation course to be designed and implemented through the Commission of Homeland Security.

Nothing in this act shall empower the government of Uganda to prohibit the banning of any canonical religious texts such as the Koran and the Bible. However, particularly odious portions of canonical religious texts may be banned from inclusion in religious or educational instruction.

Procedural Background

This is a Constitutional Petition filed in the Constitutional Court of Uganda.
brought under Article 137(3) of the Constitutional of the Republic of Uganda.
There are no factual issues in dispute. This matter concerns the constitutionality of the provisions of the Protect Uganda Act outlined above.

The Parties

The original Petitioner in this case is Freedom House Uganda. Freedom House Uganda is a properly registered Non-Government Organisation in Uganda. Freedom House Uganda has been joined by several other petitioners in this case including a group representing the interests of Somalis in Uganda and several Islamic organisations. The Respondent in this case is the State of Uganda represented by the Office of the Attorney General.

Arguments to be Presented

Freedom House contends that the Protect Uganda Act is inconsistent with and in contravention with the Uganda Constitution

1. With respect to the issues pertaining to the identity cards both sides should address constitutional arguments pertaining to 1) the right to privacy; 2) freedom from discrimination based on ethnic or tribal background; 3) freedom from discrimination based on religious status or affiliation; and 4) the unconstitutional delegation of legislative power to a non-legislative governmental entity.
2. With respect to issues pertaining to provisions relating to the Meeting Notification Requirements both sides should address constitutional arguments pertaining to 1) the right to freedom of association; 2) the right to freedom to practice one’s religion/freedom of worship; 3) the freedom of expression; 4) freedom from discrimination based on religious status or affiliation; and 4) the unconstitutional delegation of legislative power to a non-legislative governmental entity.
3. With respect to the issues pertaining to the Designation and Observance of Militant Religious Bodies issues pertaining to the Designation of Religious Bodies both sides should address constitutional arguments pertaining to 1) the right to practice one’s religion/freedom of worship; 2) the right to freedom from discrimination based on religious status or affiliation; 3) the right to privacy; and 4) the unconstitutional delegation of legislative power to a non-legislative governmental entity.
4. With respect to issues pertaining to the Special Rules Regarding Educational Providers Associated with Militant Religious Bodies both sides should address constitutional arguments pertaining to 1) the right to practice one’s religion/freedom of worship; 2) the right to freedom from discrimination based on religious status or affiliation; 3) the right to education; 4) the constitutional provision against retroactive laws; and 5) the right to not have one’ s property taken without due process of law.

The Petitioners are free to raise other arguments against the Protect Uganda Act as long as all such arguments are the proper subject matter for a petition brought under Article 137(3) of the Uganda Constitution.

The Respondent may also address additional arguments that the Respondent believes that a zealous and thorough petitioner would bring in a petition brought under Article 137(3) of the Uganda Constitution.