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Ugandan Activists Challenge Anti-Homosexuality Law in Supreme Court

Legal Battle Continues Over Controversial Anti-Homosexuality Law

by Ikeoluwa Ogungbangbe

Human rights activists in Uganda intensified their opposition to a contentious anti-homosexuality law on Thursday by submitting an appeal to the Supreme Court. This appeal contests a prior ruling by a subordinate court that maintained the law, which is renowned for its harsh punishments, which include the death penalty for specific same-sex offenses.

The Anti-Homosexuality Act (AHA) of Uganda was examined by the nation’s constitutional court in April. The court did declare several parts of the statute illegal, but it stopped short of declaring the entire act unlawful, citing infringement of the rights to privacy, health, and freedom of religion. Human rights organizations have increased their scrutiny and criticism of this partial dismissal.

The activists, including prominent figures such as lawmaker Frank Mugisha, one of Uganda’s most visible LGBTQ rights campaigners, assert that the law infringes on fundamental human rights. They argue that it contradicts the right to human dignity and protection from inhumane and degrading treatment. These points were reportedly overlooked or inadequately addressed by the constitutional court, prompting the current appeal.

The repercussions of the law have been severe and widespread, according to rights groups. In just the past nine months, over 1,000 incidents involving harassment of sexual minorities have been recorded. These include arrests, torture, and evictions, painting a grim picture of the situation on the ground for LGBTQ individuals in Uganda.

Nicholas Opiyo, a leading lawyer for the petitioners, expressed hope for a swift hearing of the case by the Supreme Court. “We will wait for the Supreme Court’s directions and are optimistic for an expedited hearing of the case,” Opiyo stated on the social media platform X.

The law’s specifics are harsh: it mandates life imprisonment for same-sex intercourse and the death penalty for what it terms ‘aggravated homosexuality’. Additionally, the promotion of homosexuality is criminalized, with penalties reaching up to 20 years in prison.

The international reaction has been strong and swift. The law has drawn condemnation from Western countries, leading to significant diplomatic and economic repercussions for Uganda. The United States has imposed travel and trade sanctions on Ugandan officials identified as having an anti-democratic stance. Similarly, the World Bank has paused new lending to the country, signaling global disapproval of the legislation.

This legal challenge in Uganda’s highest court is not just a fight against a specific law but a critical moment in the broader struggle for human rights and equality. As the Supreme Court prepares to hear the appeal, the international community and local activists watch closely, hopeful for a ruling that will uphold the fundamental rights and dignities of all Ugandans, regardless of their sexual orientation.

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