Criminalizing Indigenous Belief: The Constitutional Deficits of Uganda’s Witchcraft Act

Abstract

Abstract The 1995 Constitution of Uganda contains important human rights guarantees, including the freedoms of religion, expression, and association. At the same time, there continues to exist a law, first enacted during the colonial period, which criminalizes—as ‘witchcraft’—certain aspects of African traditional religion. This article considers the extent to which this law is consistent with the liberties promised and protected under the Constitution. Ultimately, it contends that the imperatives of both constitutional governance and the redress of historical injustice mandate a repeal of Uganda’s Witchcraft Act and all related legal enactments.