The Court of Appeal in Uganda has dismissed an appeal where Lesbian Gay Bisexual Transgender and Queer (LGBTQ) activists were seeking to be recognized and duly registered in the country.
The appellate court rejected Sexual Minorities Uganda’s (SMUG) plea, serving the LGBTQ community in the East African nation a second blow, after earlier decision by President Kaguta Museveni to assent to the anti-gay bill that was passed by Parliament.
Justice Catherine Bamugemereire dismissed an appeal lodged by SMUG against Uganda Registration Services Bureau (URSB) for refusing to reserve and register the entity as a Company limited by guarantee to advocate for LGBTQ rights.
She noted that SMUG is associated with promotion and protection of the rights of LGBTQ which according to the laws cited are proscribed acts.
LGBTQ Groups Breaches Law
In the court papers, Uganda Registration Services Bureau (URSB) justified why it did not register the activists, pointing out breaches in public policy.
Therefore, the judge held in the Court ruling that when someone’s name is not reserved by Uganda Registration Services Bureau (URSB), the suitable remedy against it would be judicial review and not an appeal.
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“This is because you have to challenge the administrative acts of a Registrar who is a government officer,” noted the judge in her landmark ruling.
SMUG initiated its legal battle in 2015 when the government refused official registration due to criminalization of the advocated group under Ugandan law.
The rejection hinged on the registrar deeming the organization’s name and goals ‘undesirable’ within Uganda’s legal framework, rooted in colonial-era legislation criminalizing same-sex relations.
Edward Ssemambo, SMUG’s legal representative, expressed dismay, interpreting the verdict as a direct affront to the rights and welfare of Uganda’s LGBTQ community.
Notably, this rejection coincides with heightened tensions following Uganda’s enactment of stringent anti-LGBTQ laws that imposed severe penalties for promoting homosexuality.
Museveni Assents New LGBTQ Law
Uganda’s President Yoweri Museveni had earlier ratified one of the most stringent anti-LGBTQ legislations globally, despite opposition from Western nations and the risk of sanctions from aid providers.
While same-sex relations were previously outlawed in Uganda, along with over 30 other African nations, this new law President Museveni assented to extends far beyond existing restrictions.
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Equally important, the appellate court’s decision not only reaffirmed the 2018 lower court’s judgment, but it also established a precarious precedent.
The same court is expected to rule on a challenge to the Anti-Homosexuality Act, which prescribes death penalty for certain same-sex acts, casting a long shadow over the upcoming decision.
Some of the actions include transmitting terminal illnesses like HIV/AIDS through homosexual activities.
Additionally, it mandates a 20-year imprisonment for activities categorized as “promoting” homosexuality.
Rights activists and the LGBTQ community had hoped for a more favorable ruling challenging the oppressive legal framework stifling their rights.
