Fighting for Equal Employment Opportunities in Uganda

Plaintiff Adrian Jjuuko

On Monday Uganda's Constitutional Court heard the petition, Jjuuko Adrian v. Attorney General of Uganda, Constitutional petition No.1 of 2009, asking to nullify Section 15(6) d of the Equal Opportunities Commission Act 2007. Section 15(6) d can be used to discriminate against LGBTI persons. The judges have yet to set a date for the ruling.

Background

The Equal Opportunities Commission was established by Ugandan law to...

give effect to the State’s constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on the ground of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, and take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom for the purpose of redressing imbalances which exist against them; and to provide for other related matters.

The challenged Section 15(6) d reads:

(6) The Commission shall not investigate—
(d) any matter involving behaviour which is considered to be—
(i) immoral and socially harmful, or
(ii) unacceptable,
by the majority of the cultural and social communities in Uganda.

While the clause does not specifically mention LGBTI persons, during a Parliamentary debate about the Equal Opportunities Commission Act of 2007, the Finance Minister specifically said that LGBTI persons should be targeted with this clause.

Adrian Jjuuko, the plaintiff in this case, is the Executive Director of the Human Rights Awareness and Promotion Forum (HRAPF). 

The Hearing

According to Behind the Mask, "The petition was heard by five judges of the Constitutional Court led by deputy chief justice Alice Mpagi Bahigeine."

The other judges are Steven Kavuma, Arach Amoko, Remmy Kasule and Constance Byamugisha.

In the respondent’s submission, the Attorney General maintained that such a law was necessary and justified under Ugandan constitution. Ladislus Rwakafuzi, a Kampala gay friendly lawyer is representing Mr Jjuko.

Minorities are not defined in the Constitution of Uganda. However, vulnerable groups have been defined in the National Equal Opportunities Policy of 2006 as categories of people who lack security and susceptible to risk.

Mr Jjuko maintains that that such a law was not good for human rights in Uganda, and called on all activists to stand and defend the rights of minority groups in Uganda.

Rwakafuzi said his client wants the section of the law declared unconstitutional. A date for the ruling will be set by the court.

Uganda’s judiciary has in the past shown some level of independence when handling matters brought by groups advocating for homosexuals.