An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
Following the tabling of the Anti-Homosexuality Bill before the Ugandan Parliament which provides for imprisonment and the death penalty for infringements of the Bill, civil society organisations in Africa are mobilizing to persuade Ugandan Parliamentarians to block this pernicious Bill. The Bill could become law during the course of this year.
Kindly submit your endorsement on or before 12h00, Monday, 29 March (SA time). Please supply the full name of your organisation together with your full name, office address, telephone contact details and organizational website. Please also indicate in your email that you have been authorised by your organisation to endorse the statement.
Please send your endorsement to Ms Adila Hassim of the AIDS Law Project at email@example.com <mailto:firstname.lastname@example.org> and cc her assistant Ella Scheepers at email@example.com. Please also copy your email to Ms Phumi Mtetwa of the Lesbian and Gay Equality Project at firstname.lastname@example.org<mailto:email@example.com> . Please note that this campaign is open only to organisations with a physical presence on the African continent. With regard to prominent individuals, the campaign is only open to those persons who are from Africa. Aside from the Ugandan Parliament, the statement and list of endorsements will also be submitted to African Governments as well as the African Union.
Those behind the Bill have claimed that only international organisations and western bodies are against the Bill. We believe that this campaign will demonstrate that civil society organisations throughout the length and breadth of Africa will stand together as one for the human rights of all Africans.
BACK TO TOP
STATEMENT BY AFRICAN CIVIL SOCIETYWe, the individuals and organisations from African countries listed hereunder, recognise the universality of the human rights of all persons.
We affirm that the right of men and women to have same sex relationships is a fundamental human right.
We are further guided in the knowledge that all forms of discrimination, in particular against vulnerable groups, undermine the human dignity of all in Africa.
We are therefore profoundly disturbed by the nature, content and potential impact of the Anti-Homosexuality Bill (“the Bill”) that was recently tabled in and is currently being considered by the Parliament of Uganda.
We believe that the Bill, if enacted, will cut deeply into the fabric of Ugandan society by–
· Violating the rights of an already vulnerable and severely stigmatised group of persons by attacking their dignity, privacy and other constitutionally protected rights; · Disrupting family and community life by compelling everyone, by the threat of criminal sanction, to report those suspected of engaging in same-sex sexual activity; · Seeking to withdraw Uganda from the family of nations by reneging on the country’s international law obligations; · Undermining public health interventions such as HIV prevention, treatment, care and support; ·Promoting prejudice and hate and encouraging harmful and violent action to be taken against those engaging in same sex relations.
We also call on African governments and the African Union to call on the President and Government of Uganda to withdraw the Bill and to respect the human rights of all in Uganda, without exception.