Posted by Melanie Nathan, July 12, 2024.
Advocates representing Ugandan LGBTQI+ and Human Rights interests have consolidated their Supreme Court appeals after the Ugandan Court’s decision to uphold the vile and dangerous Anti-Homosexuality Act of 2023 (AHA), once dubbed The Kill the Gays Bill.
Human Rights Awareness and Promotion Forum (HRAPF) reports that as appeal has formally been lodged at the Supreme Court of Uganda in Kampala. Supreme Court Constitutional Appeal No. 007 of 2023, arising from Consolidated Petitions Nos. 14 of 2023 (Hon. Fox Odoi & 7 Others V. AG), 15 of 2023 (Prof. Sylvia Tamale & 8 Others V. AG), 16 of 2023 Rutaro Robert & 4 Others V. AG) and 85 of 2023 (Bishop James Lubega Banda V. AG).
These Petitions filed separately by different parties including LGBTQI community leaders, scholars, religious leaders and human rights activists and organizations challenged the constitutionality of the manner in which the Anti-Homosexuality Act, 2023 was passed by parliament and several provisions therein. UNAIDS was admitted as Amicus Curiae in the proceedings in the Constitutional Court. The appellants resolved to file one joint appeal.
The Constitutional Court in a unanimous decision on the 3rd of April, 2023 maintained the constitutionality of the manner leading to the passing of the Act, and all its provisions save for Sections 3 (2) (c), 9, 11 (2) (d) and 14 that were declared unconstitutional.
In the appeal, the Appellants challenge the manner in which the Constitutional Court evaluated the evidence before it and basing its reasoning on unsubstantiated allegations including recruitment of children and promotion of homosexuality among others.
Thirteen grounds of appeal have been raised in the Memorandum of Appeal, 4 of which relate to the procedure leading to the passing of the law as as the biased conduct of the Speaker of Parliament, the lack of adequate and meaningful public consultation while the rest relate to the substantive sections of the Act whose enforcement undoubtedly violate a number of human rights guaranteed under various provisions of the Constitution of Uganda. The Supreme Court is the highest court in Uganda, and hopefully justice shall finally prevail.
The AHA leads to a myriad of punitive measures for LGBT people and various aspects of LGBT related issues, including providing for prison terms that include life in prison, as well as the death penalty for so called aggravated homosexuality.
It should be noted that since the passing of the AHA, a number of human rights violations have been recorded against individuals by HRAPF on the basis of their actual or perceived sexual orientation and gender identity and expression. HRAPF alone has since documented 602 cases affecting 807 individuals as of the end of June, 2024. African Human Rights Coalition office in the USA has also documented many cases where people say they are afraid to report to local Ugandan organizations. This means there are probably many more cases than reflected here, including those too afraid to report at all.
Thousands of Ugandans have been forcibly displaced by the violence and persecution licensed by this law or the country conditions climate leading to it. Many seek asylum abroad. But most cannot accomplish this due to funding and visa constraints. Those are left with no choice but to cross borders seeking UNHCR protection in foreign African countries, which generally also have laws that criminalize homosexuality and are hostile to LGBTQI+ people.
In fleeing from Uganda there is the hope of being resettled to states where LGBTI people enjoy basic freedoms and the human right to live as fully as possible according to one’s sexuality and gender identity.
Unfortunately resettlement is not guaranteed through the UN protection systems, and only a small percentage accomplish this. Many African countries refuse to register LGBTI people, or are dilatory in their responses, despite their obligations under international law. This leaves so many even more vulnerable in foreign countries where they experience more homophobia and xenophobia. The risk of refoulement looms. Resources are denied to those who are not registered. Food is in short supply. Many land on the streets, hungry.
This paradigm does not only apply to Uganda. All of Africa’s LGBT community is experiencing similar trajectories.
Western governments have failed to provide viable and decent pathways, nor adequately for the desperate need. This crisis has resulted in people taking extreme risks, to include risking their lives by crossing the mediterranean or trying to enter the USA via the untenable journey to the Southern border. This costs lives, and exacerbates harms and traumas.
The United States, Canada, United Kingdom and the EU have failed to consider and act on the special circumstances of LGBTQI+ migrants, and expect this most marginalized small vulnerable group to simply fit in with the needs of the larger populations. It is a great shame.
THAT SAID – It goes without saying that the ultimate solution is for Uganda to decriminalize homosexuality and treat all their citizens with equal dignity, regardless of sexual orientation or gender identity. It is this work that moves forward through appeals such as that of HRAPF and the extraordinary group of courageous Ugandans fighting on all fronts and to end the horrific law and heal the insanely destructive anti-LGBTQI+ climate.
Appellant Lets Walk Uganda Statement includes:
PIC: Resettled LGBT Asylum seeker from Uganda to America.
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