Abstract
The decriminalisation of homosexuality is a highly controversial topic in Africa. While some states have taken progressive steps to repeal the provisions of their Penal Codes that prohibited homosexuality, others remain resolute that such provisions are necessary for the protection of African culture, religious beliefs and public morality. Uganda falls within the latter group. This study will examine the existing laws that serve to criminalise gay sexuality in Uganda. As a point of departure, the study engages with the historical context of homosexuality laws in Uganda and on the African continent. Thereafter, the discussion of how the provisions of the Ugandan Penal Code Act which criminalise gay sexuality infringe on fundamental rights. Through the application of the proportionality test, this study will evaluate whether there exists potential constitutional justification for the existence of these provisions. Finally, this study will provide a comparative analysis of the approaches taken to interpret the rights to privacy and equality in states that have decriminalise homosexuality such as India, Botswana and South Africa compared to states which have maintained the criminalisation of homosexuality such as Singapore, Kenya and Uganda. The study concludes with recommendations on how the judiciary in Uganda can interpret the rights to privacy and equality in order to invalidate the provisions of the Ugandan Penal Code Act that criminalise homosexuality...
LL.M. (Human Rights Law)