The ongoing controversy surrounding Uganda’s Anti-Homosexuality Act, 2023 has taken a new turn as 22 gay activists have lodged a petition with the highest appellate court in the country, the Supreme Court. The petition, comprising 17 grounds of appeal, challenges the ruling of the Constitutional Court and seeks resolution from the Supreme Court.
In their appeal notice, the petitioners have expressed their dissatisfaction with the decision of the Constitutional Court, particularly contesting the court’s stance on various aspects of the Anti-Homosexuality Act. Notably, the appeal challenges the Constitutional Court’s findings regarding the constitutionality of the Act’s enactment process, the public’s participation, and the conduct of the Speaker of Parliament.
The appellants, including individuals and organizations, such as MP Fox Odoi Oywelowo, Frank Mugisha, and Human Rights Awareness & Promotion Forum (HRAPF), have highlighted several key issues in their appeal. They contest the Constitutional Court’s handling of certain matters, the evaluation of evidence, and reliance on hearsay evidence regarding the recruitment of children into homosexuality.
On April 3, the Constitutional Court, led by Deputy Chief Justice Richard Buteera, delivered a ruling largely upholding the Anti-Homosexuality Act, affirming its alignment with the country’s values and constitution. However, the court struck down four provisions of the Act deemed unconstitutional, including sections criminalizing certain aspects of homosexuality.
Sections nullified by the court included those related to criminalizing the letting of premises for homosexual activities, failure to report homosexuality to the police, and engaging in homosexual acts resulting in a terminal illness. Additionally, the court struck down Section 14 of the Act, recognizing it as infringing on the rights to health, privacy, and freedom of religion.
The legal battle surrounding the Anti-Homosexuality Act underscores the broader societal and international implications of the legislation. The Act, initially proposed in response to concerns about the recruitment of school children into homosexual activities, has faced significant backlash from Western countries and aid withholdings.
Stakeholders are closely monitoring developments, awaiting the Supreme Court’s deliberation on the appeal. The outcome of this legal battle is likely to have far-reaching consequences, not only for Uganda’s legal landscape but also for its relations with the international community for years to come.
