By Spy Uganda
Kampala: Constitutional Court in Kampala has today dismissed Andrew Mwenda and his group’s Petition Seeking to nullify the Anti-Homosexuality Act 2023 that was passed by the Parliament of Uganda in May last year.
The decision was delivered by a panel of five Justices led by the Deputy Chief Justice, Hon. Justice Richard Buteera; Justice Geofrey Kiryabwire, Justice Monica Mugenyi, Justice Kibeedi Muzamiru and Justice Christopher Gashirabake who unanimously contended that the Anti Homosexually Act complies with the Constitution of Uganda except in only four aspects.
According to Court, the Anti-Homosexuality Act was in general, a reflection of the sociocultural realities of the Ugandan society, and was passed by an overwhelming majority of the democratically elected representatives of the Ugandan citizens.
Activists, who were seeking to nullify the Anti Homosexuality Act of 2023 for criminalizing consensual sex among same-sex adults including prominent Journalist Andrew Mwenda said they will appeal to the Supreme Court.
The main four consolidated petitions stemmed from various groups such as civil society organizations politicians, including West Budama MP Fox Odoi and seven others, Makerere University Professor Sylvia Tamale Dr Busingye Kabumba and seven others, Lawyer Robert Rutaro and three others, and Bishop James Lubega Banda.
The petitioners were pushing for the removal of the law criminalizing consensual sex among same-sex adults. The petitioners argued that the Anti-Homosexuality Law, aside from imposing severe penalties such as death and heavy fines, infringes upon constitutional articles relating to personal freedoms, human rights, and dignity while hindering the fight against HIV/AIDS.
Background
In 2023, the Parliament of Uganda passed the Anti-Homosexuality Act following
the public outcry, social and broadcast media discussions and homosexuality
victims’ ‘painful and grueling stories’ of children and families that were ‘dying in
silence’ from the psychological trauma of forced recruitment of children into
homosexual acts. The Act criminalized homosexuality, its recognition, promotion,
financing and normalization.
As soon as the President of Uganda assented to the Anti-Homosexuality law on the
26th of May 2023, four Constitutional Petitions were filed in the Constitutional
Court by a total of 22 private citizens and human rights activists challenging
virtually all the seventeen sections of the Anti-Homosexuality Act for their alleged
contravention of human rights and freedoms that are guaranteed under the Uganda
Constitution, and international human rights instruments to which Uganda is a party.
