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PERSONS IN UGANDA

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4.3.4 Rights to freedom of expression, association and peaceful assembly<br />

UDHR<br />

Article 19<br />

Everyone has the right to freedom of thought and expression; this right<br />

includes the freedom to hold opinions without interference and to seek,<br />

receive and impart information and ideas.<br />

Article 20(1)<br />

Everyone has the right to freedom of peaceful assembly and association.<br />

ICCPR<br />

Article 19(2)<br />

Everyone shall have the right to freedom of expression; this right shall include<br />

freedom to seek, receive and impart information and ideas of all kinds,<br />

regardless of frontiers, either orally, in writing or in print, in the form of art,<br />

or through any other media of his choice.<br />

Article 21<br />

The right to peaceful assembly shall be recognised. No restrictions may be<br />

placed on the exercise of this right other than those imposed in conformity<br />

with the law and which are necessary in a democratic society in the interests<br />

of national security or public safety, public order (ordre public), the protection<br />

of public health or morals or the protection of the rights and freedoms of<br />

others.<br />

Article 22(1)<br />

Everyone shall have the right to freedom of association with others, including<br />

the right to form and join trade unions for the protection of his interests.<br />

Interpretation of the provisions<br />

Freedoms of opinion and expression have been said to be indispensable conditions for<br />

the full development of a person. They constitute the foundation stone for every free<br />

and democratic society. 93 No person is supposed to be subjected to the impairment<br />

of any rights under the covenant on the basis of his or her actual, perceived or<br />

supposed opinions. The Human Rights Committee has emphasised that all forms of<br />

opinion are protected, including opinions of a political, scientific, historic, moral or<br />

religious nature. 94 Any effort to coerce the holding or not holding of any opinion<br />

is prohibited. The freedoms of expression and opinion especially protect opinions<br />

and expressions that others may find offensive. 95 The Human Rights Committee has<br />

explicitly stated that the right to freedom of expression and opinion protects the<br />

right of LGBTI persons to publicly give expression to their sexual orientation and<br />

93 Human Rights Committee General comment No 34 Para 2, CCPR/C/GC/34<br />

94 Above, Para 9.<br />

95 Above, Para 1.1.<br />

61

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