The Constitutional Court in Uganda has upheld the Anti-Homosexuality Act 2023.On May 26, 2023, President Yoweri Kaguta Museveni assented to the Anti-Homosexuality Act 2023 after Parliament passed the piece of legislation.
This prompted gay rights activists suc as lawyers Robert Rutaro and Nicholas Opiyo, law dons Dr Sylvia Tamale and Dr Kabumba Busingye, and journalist Andrew Mwenda to petition the Constitutional Court challenging the law.
The respondents included Attorney General of the Republic of Uganda, and Pastor Martin Ssempa of Makerere Full Gospel Church.
The petitioners argued that the Anti-Homosexuality Act 2023 flouts the rights and freedoms of LGBTQIA people in the country. They further argued that it was wrong to make it a crime for two consenting adults to have sex in private. They argued that doing so would contravene the right to non-discrimination and the right to equality as give. In Articles 20 and 21 (1-2) of the constitution.
Their other argument was that Section 4 of the Anti-Homosexuality Act 2023 which made children criminally liable contravened the rights of the children.”
The petitioners also told court that there had not been enough public consultation and participation. This loophole, they argued, was in total disregard of the provisions of the National Objectives and Principles or the State Policy of the Constitution.
They had also accused the Speaker of Parliament, Anita Annet Among, of expressing bias which is against Article 89(1) and (2) of the Constitution.
They also challenged section 9 and 11(1) as well as 11(2)(d) of the anti gay law which sought to punish anyone who allowed or leased or subleased premises for homosexuality practices or to encourage homosexuality. They said this contravened Articles 20, 28(12) and 44(c) of the Constitution.
THE RULING
Deputy Chief Justice Richard Buteera led a five-judge bench comprising Geoffrey Kiryabwire, Monica Mugenyi, Muzamiru Kibeedi and Christopher Gashirabake.
The petitioners won on this argument. The Constitutional Court unanimously decided to nullify sections 3(2)(c), 9 and 11(1) as well as 11(2)(d) of the Anti-Homosexuality Act 2023 on grounds that it broke provisions of the constitution.
Overall, the Constitutional Court justices (judges) upheld the Anti-Homosexuality Act 2023, relying on at least seven grounds as indicated below:
It should be remembered that Uganda’s Anti-gay law has been labelled as one of the harshest in the world. The US and the World Bank reacted by announcing sanctions against Uganda, including cutting funding for health and development projects. (See Details Here, There and Over There).
In reaction to the same law, the US also cancelled Speaker Anita Among’s visa and issued sanctions against Uganda Prisons boss Johnson Byabashaija. (Read Stories Here, There and Over There).
Additional Reporting: Courtesy
NEXT: YOU RELIED ON RUMORS! Disappointed Andrew Mwenda Fumes Over Anti-Homosexuality Ruling
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