Petition against Anti-Homosexuality Act in Uganda

Today a coalition of petitioners, including a law professor, former leader of the Opposition in Parliament, journalist, LGBT activists, and a current member of Parliament filed a Constitutional Court challenge of Uganda’s recently passed Anti-Homosexuality Act.

Excerpt from today’s press release:

“Prof. J Oloka-Onyango, Hon. Fox Odoi-Oywelowo, Andrew Mwenda, Prof. Morris ogenga-Latigo, Dr. Paul Nsubuga Semugoma, Jacqueline Kasha Nabagesera, Julian Pepe Onziema, Frank Mugisha, as well as the national organisations Human Rights Awareness and Promotion Forum (HRAPF) and the Centre for Health, Human Rights and Development (CEHURD) today filed a Constitutional Court challenge of the Anti Homosexuality Act, which was signed into law by President Museveni on February 24, 2014.

The petition was filed under the auspices of the Civil Society Coalition on Human Rights and Constitutional Law, a coalition of 50 indigenous civil society organisations that advocates for non-discrimination in Uganda. The petition, available at http://www.ugandans4rights.org and at http://www.hrapf.org, argues that the Anti Homosexuality Act violates Ugandans’ Constitutionally guaranteed right to: privacy, to be free from discrimination, dignity, to be free from cruel, inhuman and degrading treatment, to the freedoms of expression, thought, assembly and association; to the presumption of innocence, and to the right to civic participation.”

Ugandan courts have not missed their fair share of interference, but the judiciary is still a pillar of government that can exert some degree of independence from the executive, certainly more so than parliament. The legal community is vibrant and powerful, and not afraid to make their voice heard.

Daniel Kalinaki foretold the petition on February 20, just days before Museveni signed the bill, concluding, “Such a challenge would hold up the law in the courts for at least a couple of years. If the courts uphold it, it wasn’t me, the President would say. If they strike it down, it still wasn’t him. Throw in a few more years on appeal in the Supreme Court and you have a Bill all dressed up with nowhere to go.”

The coordination of those who have opposed the bill all along comes a bit late, but perhaps acting reactively is the best that could be done in the the face of overwhelming popular support. One thing is certain. The president comes out ahead regardless of the eventual ruling. It’s a “heads I win, tails you lose” kind of situation. A bit of a running theme around these parts.

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