The Constitutional Court of Uganda is poised to deliver a landmark judgment on April 3rd, 2024, in a case challenging the constitutionality of the Anti-Homosexuality Act of 2023.
Activists spearheaded efforts to nullify this law, which criminalizes consensual same-sex relationships among adults, arguing that it violates constitutional provisions safeguarding personal freedoms, human rights, and dignity.
The case, which has garnered significant attention both domestically and internationally, involves eleven law firms representing petitioners in four consolidated petitions filed against the Attorney General and Pastor Martin Ssempa. These petitions were brought forth by various groups, including civil society organizations, politicians such as West Budama MP Fox Odoi, academic figures like Makerere University Professor Sylvia Tamale and Dr. Busingye Kabumba, as well as Bishop James Lubega Banda.
At the heart of the petitions lies the contention that the Anti-Homosexuality Act infringes upon constitutional principles and fails to uphold national objectives and directives of state policy. Key issues raised for determination include whether the Act alters previous court decisions, contravenes parliamentary procedures, and undermines public participation in the legislative process.
Critics argue that the Act was rushed through Parliament, passed within a record six days instead of the mandated 45 days, and lacked meaningful public consultation. They assert that its enactment contradicts a 2014 Constitutional Court ruling that nullified a similar law and violates international standards on human rights and nondiscrimination.
In response, the Attorney General, supported by Pastor Ssempa, seeks the dismissal of the petitions, contending that they are incompetent and lack merit. They allege that the petitioners’ motives are driven by malice and seek to subvert Uganda’s constitutional order by advocating for the protection of unconstitutional acts.
The legal battle over the Anti-Homosexuality Act has also sparked diplomatic tensions, with Western governments threatening aid cuts and travel sanctions against Ugandan officials. The United States, in particular, has condemned the law as a violation of human rights and has signaled its intention to remove Uganda from trade pacts such as the African Growth and Opportunity Act (AGOA).
President Yoweri Kaguta Museveni, who assented to the Anti-Homosexuality Bill in May 2023, remains defiant in the face of international pressure. He has brushed off concerns raised by Western powers, asserting Uganda’s sovereignty and resilience. Despite threats of sanctions and fund withdrawals, Museveni remains steadfast in his support for the law, emphasizing Uganda’s ability to chart its own course.
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