Screengrab from a video circulated on social media showing a man who has been disguising gender.
What you need to know:
- The Constitution explicitly recognises the right to privacy and calls for its protection.
Lawyers and human rights activists have condemned the manner in which a man, who was dressed and passing off like a women was forcefully undressed.
Last week, a video made rounds on various social media of an unidentified man who was dressed like a woman, who had made facial make up, was being rudely ordered to undress, including his inner garments, one by one to prove his gender. However, those who were harassing the man to undress were not known though it was suspected that it was the police.
“They need to be brought to book surely. These people are violating the privacy of this person. Besides, which crime did that person commit to dress like a woman. It’s not an offense in Uganda for a man to dress like a woman,” Ms Rose Wakikona, an activist with Center for Health Human Rights and Development, said at the weekend.
“Section 145 of the Penal Code Act only criminalises the act of the same sex intimacy but not dressing up as the opposite sex (if such a thing even exists),” she added.
Similarly, Mr Eron Kiiza, a human rights lawyer, described the scenario as “unfortunate” and an abuse and invasion of someone’s privacy by people whom he said were either ignorant about how to handle suspects or just exhibited their impunity.
Mr Michael Aboneka, another human rights lawyer and activist, said what happened to the unidentified man, amounted to inhumane and degrading treatment.
“Unfortunately, the manner of arrest, interrogation and search of suspects in this country is inhumane and gross,” Mr Aboneka decried.
Mr Kenneth Kitambula, an advocate from Uganda Human Rights Network, said suspects should be treated with utmost dignity irrespective of crimes they are suspected to have committed.
“Impersonation is a crime and punishable by law. However, even though there was a police case pending or under investigation, the law does not requires doing so by forcing the suspect to undress before cameras, violated his inalienable right to privacy and the right to protection from inhumane, degrading and cruel treatment through exposing his private body parts,” Mr Kitambula noted.
What the law says
Police According to activists, the degrading treatment meted against the unidentified man, violated national and international instruments.
One such law that was violated was the Computer Misuse Act and Anti-Pornography Act, which forbids recording and distributing of nude images.
The Constitution explicitly recognises the right to privacy and calls for its protection.
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