Judgment in Jjuuko Adrian vs. Attorney General Awaited

By hrapf
In August 22, 2012
On News
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Judgment in the case of Jjuuko Adrian v. Attorney General, Constitution Petition No.1 of 2009 is awaited. This case challenges Section 15(6)(d) of the Equal Opportunities Commission Act, which blocks the Equal Opportunities Commission from investigating matters involving behaviour that is regarded as ‘immoral or socially unacceptable’ by the majority of cultural groupings in Uganda. This simply defeats the whole purpose of the commission which is to ‘eliminate discrimination and inequalities against any individual …and take affirmative action in favour of groups marginalised on the basis of sex, gender, age, disability or any other reason created by history, tradition or custom for the purpose of redressing imbalances which exist against them’.

The case was field on 5th January 2009 in the Constitutional Court of Uganda. Section 15(6)(d) was argued as being inconsistent with Article 20(1) of the Constitution of the Republic of Uganda 1995 which recognises the inherent nature of human rights, Article 21(1) which guarantees equality of all persons before and under the law, Article 21(2) which prohibits discrimination that negates equal protection of the law, Article 28(1) which guarantees the right to a fair hearing before an impartial tribunal and Article 36 which protects the rights of minorities.

The case was heard on 3rd October 2012 by a panel of judges led by Justice Amos Twinomujuni. It has been pending judgment ever since.

The petitioner is in contact with the Constitutional court and there are indications that judgment may be delivered soon.

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