FOR IMMEDIATE RELEASE
Kampala, Uganda, 20 March 2023
ISLA IS ADMITTED AS AMICUSCURIAE BEFORE THE CONSTITUTIONAL COURT OF UGANDA
On 2 March 2023 the Constitutional Court of Uganda heard and granted an application that was filed by the Initiative for Strategic Litigation in Africa (ISLA) and the Uganda Association of Women Lawyers (FIDA-Uganda), wherein they sought to be admitted as joint amici curia in Advocates for Natural Resources Development (ANARDE) v Attorney General, Constitutional Petition No.8 of 2020. The petition challenges the constitutionality of provisions of the of the Mining Act of 2003 and the Petroleum (Exploration, Development and Production) Act of 2013, which provide for arbitration as the only remedy for disputes pertaining compensation for rights over land that is acquired compulsorily for mining or petroleum exploration; and in effect, oust the jurisdiction of courts.
Having been admitted as joint amici, ISLA and FIDA-Uganda have, through a joint brief, provided information to the Constitutional Court which:
- Demonstrates the link between forced arbitration and discrimination, particularly discrimination against women in the extractives industry.
- Highlights international human rights standards on access to courts in relation to the right to remedy.
- Provides comparative jurisprudence on statutory provisions that oust the jurisdiction of courts in a wide range of legal systems.
ISLA and FIDA-Uganda believe these submissions will aid the court in arriving at a gender just determination of the constitutional petition, which will uphold the rights of women within the extractives industry in Uganda.
For more information or enquiries contact:
Legal Advisor, Strategic Litigation
Uganda Association of Women Lawyers
Phone: +256 789791524
The Initiative for Strategic Litigation in Africa
Senior Legal Advisor, Strategic Litigation-FIDA-Uganda
Susan Baluka is the Senior Legal Advisor in charge of Strategic Litigation at FIDA-Uganda. She has seven (7) years’ worth of experience in litigation and advocacy for rights of marginalised communities in Uganda, including Women’s Economic Justice, Violence Against Women and Sexual Reproductive Health Rights. She is an alumnus of the Feminist Litigation Institute, and a member of the Feminist Litigation Network. She is also at the centre of steering FIDA-Uganda’s Transitional Network Partnership with the Initiative for Strategic Litigation in Africa (ISLA) towards realisation of gender equality and women’s rights in Uganda, through feminist litigation.