Uganda court annuls law banning homosexuality

Uganda's Constitutional Court has annulled the country's anti-gay legislation, approved by MPs in December, as the law was passed without the requisite parliamentary quorum and was therefore held to be illegal.

The legislation, signed into law in February by Uganda's president, Yoweri Museveni, had included life sentences for gay sex and same-sex marriage and a specific offence of "aggravated homosexuality", which was defined as having sex with "a person living with HIV" or being "a serial offender".

A challenge to the law was brought by ten petitioners, including academics, journalists, both ruling and opposition MPs, human rights activists and rights groups who argued that it was illegally passed and that it violated certain rights guaranteed under Uganda's constitution.

The panel of five judges in the country's Constitutional Court said the speaker of the Ugandan parliament acted illegally by allowing a vote on the bill despite at least three objections over a lack of a quorum.

However, the court ruling means that the activists' entire petition has been disposed of and there will be no further hearings on their argument that the anti-gay measure discriminated against some Ugandans in violation of the constitution.

Nicholas Opiyo, a Ugandan lawyer, welcomed the ruling but said it was a missed opportunity to debate the substance of the law: "The ideal situation would have been to deal with the other issues of the law, to sort out this thing once and for all."

Frank Mugisha, director of Sexual Minorities Uganda, commented: "We welcome this ruling and Uganda's lesbian, gay, bisexual and transgender community can celebrate a small victory against oppression.

"However, we are disappointed that the case was not heard on its true merits. The truth is that, not only is the Anti-Homosexuality Act persecutory, it is also unconstitutional and illegitimate. This law has no place in our society, which values dignity, privacy and equality for all our citizens. Until the Act has been dismissed on the substance of our arguments, we cannot rest easy," he said

Meanwhile, Jonathan Cooper, chief executive of the Human Dignity Trust, an organisation of international human rights lawyers who support challenges to laws that criminalise homosexuality, said: "That Uganda's gay and lesbian community has won a reprieve from the oppression of the loathsome Anti-Homosexuality Act, we can only celebrate.

"The brilliance and determination of the activists who have pursued this challenge serve as an inspiration to us all. It is also heartening to know that the rule of law has prevailed and politicians are shown not to be above the procedures that govern them."

Cooper continued: "However, this is but a temporary fix; the fight is far from over. The international community must seize this opportunity to support Ugandan's gay and lesbian citizens in their battle for the basic freedom from persecution. Now the Act has gone, we must do all we can to stop it coming back. Uganda's constitution - which protects its citizens' rights to privacy and dignity - must be for all Ugandans."

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