Argument: The law is contrary to the constitution

Chapter 4 of the Ugandan constitution recognises fundamental rights and freedoms of the individual as inherent and not granted by the State. The constitution states; All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law; Without prejudice, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability[1]. It defines “discriminate" as giving different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.

The government has acted contrary to their own law, with President Museveni remarking that what homosexuals do is disgusting, un African and had no place in his country[2] and MP David Bahati, asserting that homosexuals do not deserve to be treated as humans. Breaching such a law while relying on such logical fallacies is a sign of how the government failed on human rights.

[1] DREDF, ‘The Constitution Of Uganda; Chapter 4, human rights and freedoms’, dredf.org, http://www.dredf.org/international/UgaConst.html

[2] Mark Duell &amp; Leon Watson, 'Gay people are unnatural and disgusting', says Ugandan president as he signs bill punishing homosexual sex with life in jail’, dailymail.co.uk, 24 February 2014, http://www.dailymail.co.uk/news/article-2566425/Ugandas-president-sign-anti-gay-bill-Monday.html

Candidate 1: "Although religions supported the anti-gay law, it is not solely a religious issue; the majority of Ugandans believe that homosexuality is contrary to their traditional values and all the anti-gay protests were inclusive regardless of religious denominations. It is therefore wrong to assert that the law was passed as a religious initiative. A separation of church and state does not mean the government should never run policies that the religious want simply that the government should not be favouring a particular religion."
Candidate 2: "Homosexuality has been illegal in Uganda since colonialism. It was signed into law and amended in Uganda’s constitution but did not change after independence. The blame should therefore go to the British not Ugandan government. If it is a violation of human rights then it is a violation that has been occurring for decades. The long term effect has been that Ugandans now are agreed that LGBT people are not a minority but criminals who deserve punishment."
Candidate 3: "In the same chapter, the constitution states that nothing within the article shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or providing for any matter acceptable and demonstrably justified in a free and democratic society[1]. It is on this clause that most officials have based their support for the anti-gay law. The majority of Ugandans deem homosexuality immoral and unacceptable. There is therefore a democratic reason to enact such a law. The law is justified by democracy.

[1] DREDF, ‘The Constitution Of Uganda; Chapter 4, human rights and freedoms’, dredf.org, http://www.dredf.org/international/UgaConst.html"

In the same chapter, the constitution states that nothing within the article shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or providing for any matter acceptable and demonstrably justified in a free and democratic society[1]. It is on this clause that most officials have based their support for the anti-gay law. The majority of Ugandans deem homosexuality immoral and unacceptable. There is therefore a democratic reason to enact such a law. The law is justified by democracy.

[1] DREDF, ‘The Constitution Of Uganda; Chapter 4, human rights and freedoms’, dredf.org, http://www.dredf.org/international/UgaConst.html
