Summary:

• 22 gay rights activists have appealed to Uganda’s Supreme Court regarding the Anti-Homosexuality Act of 2023, disputing the Constitutional Court’s ruling. The Act was mostly upheld but some provisions were deemed unconstitutional. The government’s response is pending, while international scrutiny continues.

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The reverberations from the Anti-Homosexuality Act of 2023 continue, as 22 gay rights activists have now taken their case to Uganda’s highest court, the Supreme Court.

In their petition, the activists have outlined 17 points of contention with the Constitutional Court’s ruling, seeking resolution from the Supreme Court.

The appeal, filed over the weekend, highlights dissatisfaction with the Constitutional Court’s decision, particularly concerning the legality of the Anti-Homosexuality Act’s enactment and its alignment with constitutional principles.

Among the appellants are notable figures such as MP Fox Odoi Oywelowo, Frank Mugisha, and Pepe Onziema. Their appeal challenges the Constitutional Court’s findings on various aspects of the Act, including its compliance with constitutional articles and the level of public participation in its enactment.

Specifically, the appellants contest the Constitutional Court’s ruling on the Act’s passage, the conduct of the Speaker of Parliament during its enactment, and the court’s handling of evidence related to the Act’s provisions.

On April 3, the Constitutional Court, led by Deputy Chief Justice Richard Buteera, upheld the majority of the Anti-Homosexuality Act, emphasizing its alignment with national values and constitutional principles. However, the court struck down several provisions deemed unconstitutional, including those criminalizing certain homosexual acts and the obligation to report such acts to authorities.

The annulled provisions also included those related to aggravated homosexuality and the letting of premises for homosexual activities. These decisions were met with both support and scrutiny from various quarters.

The fate of the Act’s remaining provisions hangs in the balance, pending further legal proceedings. The government, represented by Attorney General Kiryowa Kiwanuka, is yet to decide on potential appeals regarding the struck-down provisions.

The Anti-Homosexuality Act, initially proposed by Bugiri Municipality MP Asuman Basalirwa, was a response to concerns about the recruitment of minors into homosexual activities. However, its enactment has sparked international controversy and prompted aid withholdings from Western nations.