The drafting history of the provision on the right to freedom from discrimination in the Ugandan Constitution with a focus on the grounds of sex,disability and sexual orientation

Abstract

Article 21 of the Constitution of Uganda provides that all persons are equal before the law and prohibits discrimination on the grounds of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. This article examines the drafting history of Article 21, and then that of two grounds that received the most attention during the constitution-making process: sex and disability. The article illustrates that, although one delegate argued that the Constitution should prohibit discrimination on the ground of sexual orientation, this submission was rejected by most of the delegates. It also illustrates how the delegates’ views on homosexuality influenced the manner in which the constitutional provision on marriage was drafted. The author also, in passing, highlights the emerging jurisprudence of the Ugandan courts on Article 21, and shows that women’s rights organisations have relied on Article 21 to persuade the Constitutional Court to declare some provisions of some pieces of legislation unconstitutional.