PERSONS IN UGANDA

on one’s sexual orientation or gender identity. The application of this provision to
LGBTI persons was one of the contentions in the Lokodo case where the applicants
contended that the actions of the Minister of Ethics and Integrity in closing a capacity
building workshop for LGBTI persons violated their rights to participate in peaceful
activities to influence government policies. Unfortunately, instead of pronouncing
itself on the breadth of each individual right, the court made a general holding to the
effect that applicants were engaged in unlawful activities and could not benefit from
the protections guaranteed under the various rights.
ix)
Other rights
Article 45 of the Constitution provides that:
The rights, duties, declarations and guarantees relating to the fundamental
and other human rights and freedoms specifically mentioned in this Chapter
shall not be regarded as excluding others not specifically mentioned.
This implies that even other rights not mentioned are still recognised. This provision
has not been interpreted but it carries a lot of potential.
1.2.1 Limitation of rights
Enjoyment of human rights is not unlimited and this is the acceptable position in
human rights law, except for a few non derogable rights. A person is obliged to enjoy
their rights in concert with other people’s enjoyment of their rights. One’s enjoyment
of their rights can be limited in certain circumstances as provided for by the law.
Therefore, the Constitution of Uganda, under Article 43, provides for circumstances
under which enjoyment of rights can be limited. Article 43 states that:
(1) In the enjoyment of the rights and freedoms prescribed in this chapter, no
person shall prejudice the fundamental or other human rights and freedoms
of other or the public interest.
(2) Public interest under this article shall not permit;
(a) Political persecution
(b) Detention without trial
(c) Any limitation of the enjoyment of the rights and freedoms prescribed
by this chapter beyond what is acceptable and demonstrably justifiable
in a free and democratic society, or what is provided in this Constitution.
The rights and freedoms discussed above are therefore derogable with the exception
of the right to freedom from torture and cruel, inhuman or degrading treatment
or punishment. This means that their enjoyment can be limited as was held in the
Lokodo case. However, this limitation is also limited. While the Article in clause (1)
limits enjoyment of rights, clause (2) of the same Article limits the extent to which
limitation of rights can be exercised. In the case of Charles Onyango Obbo & Anor v
Attorney General, 27 Justice Mulenga JSC called this “a limitation within a limitation.”
He held that:
27 n23 above.
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