Sexual Minorities Uganda (SMUG), a prominent LGBTQ rights activist group, has declared their intent to challenge a recent ruling by the Court of Appeal in Kampala. The ruling, which upheld a previous decision by the High Court, denied SMUG’s plea to register as a company limited by guarantee with the Uganda Registration Services Bureau.
Expressing their unwavering commitment to their cause, SMUG spokesperson Frank Mugisha emphasized their determination to pursue legal recourse despite the setback. “This ruling doesn’t faze us,” Mugisha affirmed, highlighting the organization’s resolute stance in the face of adversity.
At the crux of the legal dispute lies the fundamental issue of freedom of association, with SMUG contending that the denial of their registration infringes upon their constitutional rights. While the court’s verdict ostensibly centered on the naming issue, it also delved into SMUG’s advocacy efforts for LGBTQ rights, which it deemed contrary to national objectives and state policies.
Dr. Mugisha, echoing sentiments of resolve amidst disappointment, asserted that SMUG remains steadfast in their mission to champion LGBTQ rights. “Our constitutional rights to assembly and association are immutable,” he declared, underscoring the organization’s commitment to advocacy both within the courtroom and across society.
Denis Wamala, one of the appellants, lamented the Court of Appeal’s decision as perpetuating state-sanctioned discrimination against sexual minorities, urging an urgent review by the Supreme Court. The refusal to register SMUG based on the criminalization of same-sex relations, Wamala argued, constitutes a gross violation of the right to association enshrined in the constitution.
The legal battle underscores the broader struggle for LGBTQ rights in Uganda, where societal norms and legal frameworks often pose significant barriers to equality and inclusion. SMUG’s fight for recognition and legitimacy as an advocacy organization epitomizes the ongoing battle for dignity and human rights for all individuals, irrespective of sexual orientation or gender identity.
