The Attorney General (AG) Kiryowa Kiwanuka has petitioned the Constitutional Court to throw out three petitions filed by activists, the LGBTQ community, and academics, among others challenging the Anti-Homosexuality Act of 2023.
On 26 May 2023, President Museveni signed the bill passed by Parliament. This is after the Bill was returned to Parliament on 21 April 2023, for minor amendments.
The Act prohibits any form of sexual relations between persons of the same sex, promotion or recognition of sexual relations between persons of the same sex and also imposes a death penalty for aggravated defilement, prison terms for up to 20 years and fines, among others.
The law has since been challenged by various petitioners at the Constitutional Court to halt its implementation on the grounds that it violates a number of constitutional rights, including the rights of children as it allows for prison sentences for LGBTQ children, was passed without proper consultation, parliament breached rules of procedure .
They also said the law violates freedom of speech, expression and assembly and the right to impart, access and receive information as well as practice one’s profession among others.
One Petition was filed by a group of Ugandan academic, Professor Sylvia Rosila Tamale, constitutional lawyer Dr Busingye Kabumba, who is a senior law lecturer at Makerere University. A second petition was filed by a group of advocates, activists and academics including Journalist Andrew Mwenda, two Members of Parliament Fox Odoi Oywelowo the West Budama MP, and his Kisoro Municipality Counterpart Paul Buchyana Kwizera. And the third by transgender people.
However, the AG Kiryowa Kiwanuka says the petitions were filed in deception and misconception. He explains that the petitioners lacked any merit.
The Attorney General says he has responded to each petition separately based on affidavits sworn in court by Bugiri Municipality Member of Parliament Asuman Basalirwa who first moved a Private Member’s Bill.
He says that there are several other sexual offenses by consenting adults that are prohibited under the law including incest, prostitution, bigamy, and elopement, and therefore, the petitions are misconceived and devoid of merit and the petitioners are not entitled to the reliefs sought.
The Constitutional Court is yet to fix the matter for hearing.