
I don’t know if the Asuman Basalirwa, the Bugiri MP knows about certain articles in the 1995 Constitution, which are relevant to a renewed Anti-Gay Bill. He is following the footsteps of the 2014 edition and going after cheap popularity by banning one sort of sexuality. This is making one small figment of society, one tiny minority in the Republic illegal. Just because who they love or have feelings for.
I understand as a Christian and as men of faith, that you have dogmas and belief systems that are countering the tides of time. Alas, still, there should be a difference between what is law and what is morally correct within a religion or belief. Unless, the ones ushering this in believes in State Religion and wants to amend the 1995 Constitution to make “Christianity” or another conservative religion the faith of the Republic.
Nevertheless, there are two articles that needs to be discussed in direct association with the new “Anti-Gay” bill, which will be either a hurdle or a help. The ones doing this are hardliners and people who wants to broaden the spectrum. That is obvious. While there are already laws in place and one Article in the Constitution, which are detrimental for the homosexuals/gays. Which are the minority that is targeted yet again.
Here are the articles, which I deem fit for the occasion.
“21. Equality and freedom from discrimination
1. 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.
2. Without prejudice to clause (1) of this article, 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.
3. For the purposes of this article, “discriminate” means to give 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.
4. Nothing in this article shall prevent Parliament from enacting laws that are necessary fora.
implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or
b. making such provision as is required or authorised to be made under this Constitution; or
c. providing for any matter acceptable and demonstrably justified in a free and democratic society.
5. Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Constitution” (1995 Constitution).
“31. Rights of the family
1. A man and a woman are entitled to marry only if they are each of the age of eighteen years and above and are entitled at that age
a. to found a family; and
b. to equal rights at and in marriage, during marriage, and at its dissolution.
2. Parliament shall make appropriate laws for the protection of the rights of widows and widowers to inherit the property of their deceased spouses and to enjoy parental rights over their children.
2a. Marriage between persons of the same sex is prohibited.
3. Marriage shall be entered into with the free consent of the man and woman intending to marry.
4. It is the right and duty of parents to care for and bring up their children.
5. Children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law” (1995 Constitution).
These two articles are important. They are the baseline here.
First the article 21 are setting a parameter, which cannot be breached. There are several of rights for an individual in the Republic to not be discriminated against. All of the reasons are mentioned in the article. This is a negative right in a sense, as the government are limited in their actions towards the individuals or the people mentioned in article. It sets the objective and where the government could take away their rights from. In sense, means there is very few to none who can be touched, because the broad spectrum of people, which are already mentioned here.
While in Article 31, that is even more clear and direct, the 31(2a) is so straight forward. The limitations of rights and lack thereof is set. A person isn’t allowed by law to get married to the same sex. Meaning the gays are not allowed to get married or live as such. This is already limiting their lives and their rights, which is the new goal of the Anti-Gay law, but shows what is already in stone.
The Constitution as is has stipulations that limits life for gay people. That’s why article 31 exists in the first place. It is made with the same sentiment, as the current day parade of “holier than thou” thinking. Instead of letting people living with their own conscience and after their own belief. The big state and government have to direct and take part in who people love or who they have as partners. Which is directly circumventing the 21 article, but the 31(2a) is in existence. So, the legality and the law is active. Meaning, this is something you just have to abide by. That is what you call constitutional order.
However, we are seeing that the individual shouldn’t be discriminated, but there is already set limitations on gay people. So, for the ones who wants to ban it and silence it totally. They will ensure it gets done in darkness and in secret. It will be a hidden community and underground. Because, these are existing whether you like it or not. Gay people are thing and their life-style will not cease to exists over a law. This minority will persist and be viable, but in a closed of community. Just like the speakeasies during prohibition era in the United States. They will just create own places and codes to live. It will be illegal, but be thing.
That’s why it’s tragic… especially when the Article 21 are supposed to safeguard individuals and minorities. Nevertheless, in this case, I think Asuman Basalirwa has forgotten about these articles in the Constitution. That is how it seems… Peace.