How CA delegates debated abortion rights

____________________

The debate on abortion forced delegates to grapple with sensitive issues of morality, religion, health, and women’s rights.

For some, abortion represented an erosion of cultural and spiritual values. For others, it was a matter of compassion and public health, particularly for women facing rape, life-threatening pregnancies and severe genetic complications.

At the end of the debate, the Constituent Assembly (CA) delegates passed an amendment to the draft Constitution that had proposed legalising abortion under restricted circumstances.

The contentious provision was amended by Justice Joseph Mulenga, to read that: “No person has the right to terminate the life of the unborn child except as authorised by law.”

However, to reach this compromise, a war of words ensued within the Assembly.

Bukoto Mid-West delegate Dr Kezimbira Muyingo wanted abortion to only be granted for medical reasons.

“No person has the right to terminate the life of the unborn child, except on medical grounds or when the life of the mother is at risk,” he said.

Muyingo’s proposal was supported by only two delegates: Chebet Maikut (Kween) and Dr Ponsiano Mugyenyi (Isingiro North). Mugyenyi emphasised the medical necessity of abortion in certain extreme cases.

“In some medical circumstances, doctors find that the only way to save the life of either the unborn or its mother, abortion is the last remedy,” he said.

He cited genetic abnormalities and severe complications during pregnancy that, in his words, could only be addressed through “therapeutic abortion.”

After Mugyenyi’s submission, Charles Rwomushana (Rujumbura County) said: “Abortion is mostly carried out by school children who fear victimisation from school authorities. So, we should reject abortion in general, but allow it in those circumstances that are specified.”

But Rwomushana’s claim was swiftly challenged. Polly Tumwine (Youth Western), citing medical evidence, dismissed Rwomushana’s position as misleading.

“I disagree with the member because the data shows that the majority of abortions are done by legally married women who have the capacity to cover up with medical authorities, while school children do not have such capacity,” she argued.

The mood in the chamber grew tense when John Eresu Elyanu (Kaberamaido) stood up in fiery opposition: “This is an attempt to legalise abortion, and I oppose it in the strongest terms,” he said.

The debate took a new twist when Prof. Apollo Nsibambi attempted to broaden the scope of the amendment. He proposed that abortion should also be allowed in cases where pregnancy was the result of rape or other criminal acts.

“Rape dehumanises, humiliates, and is very dangerous to the victim. If proved, the mother should be allowed to abort because the child was not of her own choice,” Nsibambi reasoned.

His view was seconded by Beatrice Lagada (Apac district) and Emmanuel Kirenga (Mityana North), who echoed the need for compassion in cases of sexual violence.

At the end of the debate, delegates argued that the clause on abortion should be carefully worded to strike a balance by stating that no one has the right to terminate the life of an unborn child “except as authorised by law.”

In doing so, the Assembly left the matter to be regulated by Parliament and existing medical legislation under Article 22 (2) of the 1995 Constitution.

CONSTITUTIONAL RULE

When the National Resistance Army (NRA) overran Kampala under the leadership of President Yoweri Museveni, the journey to transitioning to constitutional rule started almost immediately with the issuing of Legal Notice No. 1 of 1986.

The legal notice established the legal framework for the NRM Government, vesting legislative powers in the National Resistance Council and outlining the code of conduct for the NRA.

The CA, which comprised representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995, promulgated the Constitution, effectively replacing the one of 1967.