Human Rights Activists want court to nullify Anti Gay Act

In Summary
  • According to Dr. Juuko, the bill's provision that criminalizes consensual same-sex activity among adults contradicts several key constitutional provisions.
  • Dr. Adrian Juuko, the Executive Director of HRAPF, asserts that the act was approved without sufficient public participation, depriving the LGBT community of the opportunity to express their opinions on a law that directly affects them.
Dr. Adrian Jjuuko addressing the media in Kampala after filing petition seeking to nullify the entire Anti Homosexuality Act 2023
Dr. Adrian Jjuuko addressing the media in Kampala after filing petition seeking to nullify the entire Anti Homosexuality Act 2023
Image: Gloria Nakiyimba

The Human Rights Awareness and Promotion Forum (HRAPF) has lodged a petition before the Constitutional Court, challenging the constitutionality of the recently enacted Anti-Homosexuality Act 2023.

This legislation was passed by the parliament and signed into law by the president on Monday. Dr. Adrian Jjuuko, the Executive Director of HRAPF, asserts that the act was approved without sufficient public participation, depriving the LGBT community of the opportunity to express their opinions on a law that directly affects them.

Dr. Jjuuko further argues that the Speaker of Parliament, Anita Among, displayed clear bias in favor of passing the law, despite her responsibility to maintain impartiality during parliamentary sessions. These actions were observed during the second and third readings of the bill on March 21, 2023, and May 2, 2023, respectively.

The petition also contends that the Anti-Homosexuality Act is blatantly unconstitutional.

“The bill, by criminalizing what we call consensual same sex activity among adults, basically goes against key provisions of the constitution including violating the right to equality and non-discrimination,(Article 20& 21)  of the constitution, the right to dignity which is under (Article 24) of the constitution, the right to liberty of Ugandans under (Article 23) the right to privacy of every individual under (Article 27) and the right to health. Basically we are failing in our own obligations towards the pushing back on HIV/AIDS by passing such a law that make LGBT people to hide behind the scenes and that makes us fail in our fight against HIV/AIDS” Dr Jjuuko stated.

HRAPF, together with eleven petitioners, has enlisted the services of Onyango and Company advocates to file the case before the Constitutional Court on Monday evening.

The petitioners seek the complete nullification of the Anti-Homosexuality Act 2023, arguing that the entire law is unconstitutional due to its flawed legislative process and biased passage.

“The whole act is basically unconstitutional, nullify every single provision of this act, it was passed without due process, it was also passed in a biased way, and it’s not a law that Uganda should have on its law book because it violates the constitution” he demanded

Among the petitioners are senior journalist Andrew Mwenda, Honorable Fox Odoi, university professor Sylvia Tamale, Dr. Busingye Kabumba from the School of Law at Makerere University, feminist Solome Nakaweesi Kimbugwe, as well as human rights activists Dr. Frank Mugisha, Erick Ndawula, Kasha Jackeline Nabageseera, Richard Smith Lusimbwe, and Williams Apako.

Dr. Jjuuko is concerned that criminalizing same sex relations basically worsens the HIV situations.  It makes the LGBT people go underground.

“When they go underground, what this implies is that they won’t be treated, they will not be tested. And if you are not tested and treated, basically HIV is spread without any limits. That’s the problem with laws that criminalize same sex relations” he said.

Following the submission of the petition, the next steps for the petitioners involve serving the Attorney General and awaiting the court to schedule a hearing date for the case.