A panel of five Constitutional Court Justices in Kampala has completed the hearing of four consolidated petitions challenging the Anti-Homosexuality Law. The court, comprising Deputy Chief Justice Richard Buteera, Geoffrey Kiyabwire, Muzamiru Mutangula Kibeedi, Monica Mugenyi, and Christopher Gashirabake, will announce its decision on notice.
The petitioners, including Makerere University Law professors, lawyers, human rights activists, and civil society organizations, presented their case before a packed courtroom. The respondents are the Attorney General, Pastor Martin Ssempa, and Family Life Network, with UNAIDS serving as a friend of the court.
Both parties agreed to proceed with written submissions, with the petitioners requesting to file a rejoinder by December 20, 2023. Nicholas Opiyo, a lead lawyer, emphasized the need for the court to address whether the Ugandan constitution protects every member of society, regardless of sexual orientation or gender identity.
The consolidated petitions aim to remove the law criminalizing consensual same-sex relationships, arguing that it infringes on constitutional articles related to personal freedoms, human rights, and dignity, while hindering the fight against HIV/AIDS.
Key Issues for Determination
| Issues | Relevant Constitutional Articles |
|---|---|
| Impact on court decisions | Article 92 of the Constitution |
| Funding implications | Article 93(a) (ii) of the Constitution |
| Public participation | National Objectives and Directives of State Policy |
| Speaker of Parliament’s conduct | Consistency with the constitution |
The petitioners also contend that the Anti-Homosexuality Act 2023 contradicts a previous Constitutional Court decision and was rushed through Parliament without adequate public consultation.
The Attorney General and Pastor Ssempa aim to have the petitions dismissed, claiming incompetence and lack of merit. Pastor Ssempa expressed concerns about potential travel restrictions and funding cuts from the U.S., describing it as bullying.
Dr. Hamlet Mbabazi Kabushenga, a former MP, rallied support for upholding the law, emphasizing cultural integrity and resisting external pressure. The U.S. Government has condemned the law, threatening aid cuts and travel sanctions, while Western countries, including the EU, criticize it as discriminatory and contrary to international laws.
In 2014, similar reactions followed the nullification of the law, with Western governments imposing sanctions. The current decision is awaited with significant international attention and potential consequences for Uganda.
