Veteran journalist Andrew Mwenda has questioned the manner in which the Constitutional Court has upheld the Anti-Homosexuality Act 2023 that criminalizes sex among people of the same sex on basis of stopping recruitment of kids into homosexuality.
Mwenda, among the Petitioners who were challenging all the seventeen sections of the Anti-Homosexuality Act claimed that the defense did not present any evidence of recruitment and that even the different Government agencies such as ISO (Internal Security Organ), CMI (Chieftaincy for Military Intelligence) , Crime Intelligence, CIID had not arrested anyone on such allegations and that judgement based on mere hear say.
” I was so shocked that the Constitutional Court of Uganda judges say that this law was made to protect children. In the 2002 Police Report there were 13000 cases of child abuse reported in Uganda of which only 300 were of men molesting little girls. If our parliament is serious about protecting children we need to protect 98% of the girls who are being violated by heterosexual men, he alluded.
Adding that just like the parliamentarian before them, our justices also relied on such rumors to make a judgment.
On Wednesday 3, the Constitutional Court led by the Deputy Chief Justice, Hon. Justice Richard Buteera and a panel of four other justices declared that the Anti Homosexuality Act of 2023 complies with the Constitution of Uganda save the four provisions on grounds of contravening the Constitution of Uganda, 1995.
“The Constitutional Court of Uganda has nullified Sections 3(2)(c), 9, 11(2)(d) and 14 of the Anti-Homosexuality Act, 2023 for contravening the Constitution of Uganda, 1995,” they ruled.
Adding, the nullified Sections had criminalised the letting of premises for use for homosexual purposes, the failure by anyone to report acts of homosexuality to the Police for appropriate action, and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.
On his part however, Mwenda noted that this was very disappointing of the Constitutional Court and that they were going to appeal to the Supreme Court.
“We are now done with the constitutional court where we secured a small partial victory but a victory nonetheless. The court struck down a few provisions of the AHA but left most of law intact. This is very disappointing and we are going to appeal to the Supreme Court!,” he wrote on his official X handle.
“We are going to the Supreme Court and l have full confidence that the judges of the Supreme Court will stand above our cultural bigotry, cultural prejudices and protect the rights of homosexuals to live their lives as they wish,”he added.
In May 2023, following it’s assent to the Anti-Homosexuality law four Constitutional Petitions were filed in the Constitutional Court by a total of 22 private citizens and human rights activists challenging virtually all the seventeen sections of the Anti-Homosexuality Act for their alleged contravention of human rights and freedoms that are guaranteed under the Uganda Constitution, and international human rights instruments to which Uganda is a party.
The Petitions were opposed by the Attorney General of Uganda, Pastor Martin Sempa, Eng. Stephen Langa and the Family Life Network Limited. Court also did benefit from an amicus brief filed by the Secretariat of the Joint United Nations Programme on HIV/ AIDS (UNAIDS).
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