Govt defends the anti-gay law in court
President Museveni has been praised by the clergy for signing the Anti-Homosexuality Act into law. PHOTO | PPU
What you need to know:
In response to the petitions, the AG, through a sworn affidavit from Bugiri MP Asuman Basalirwa, the Bill’s mover prior to its presidential assent, explained that the Anti-Homosexuality Act 2023 does not discriminate against individuals but instead criminalises sexual acts between persons of the same sex
The Attorney General (AG) has requested the Constitutional Court to dismiss the three petitions filed against the Anti-Homosexuality Act 2023, deeming them misconceived and lacking in merit.
In response to the petitions, the AG, through a sworn affidavit from Bugiri MP Asuman Basalirwa, the Bill’s mover prior to its presidential assent, explained that the Anti-Homosexuality Act 2023 does not discriminate against individuals but instead criminalises sexual acts between persons of the same sex.
Mr Basalirwa clarified that MPs , representatives of the people, had a fair opportunity to participate in the enactment process before the Bill became law.
“The committee on legal and parliamentary affairs while considering the Anti-Homosexuality Bill, 2023 interacted and received written and verbal submissions from thirty groups and individuals with varying views regarding the content of the Anti-Homosexuality Bill, 2023,” reads part of the affidavit.
He added: “The Speaker conducted the proceedings in parliamentary manner expected of the office of the Speaker with neutrality, devoid of biasness and allowed the MPs to debate, form independent opinions before deciding on whether or not to vote in favour of passing of the Bill and the petitioner shall be put to strict proof of anything otherwise.”
According to court documents, sexual practices between individuals of the same sex are considered contrary to objective principles XX1V (1) and several other human rights guaranteed under chapter four of the Constitution.
“In furtherance of national objectives III (iii), XIV and XXIV (a) Parliament as an organ of government cannot condone or promote a tradition, custom, culture or belief in Uganda that recognises sexual acts between persons of the same sex, which acts are not protected under the laws of Uganda for being against public policy and moral fabric of recognized cultures, customs and traditions,” the affidavit further states.
Mr Basalirwa emphasised that the language used in the Anti-Homosexuality Act 2023 is clear, unambiguous, and purposeful, with well-defined offenses and corresponding punishments outlined in the Act.
Court documents also indicate that any non-governmental organisations promoting same-sex sexual practices are deemed contrary to the norms and aspirations of Ugandans.
“The respondent shall aver that there is no legal requirement for a private member to undertake prior consultation before moving parliament to present a private members bill to parliament and shall contend that the committee adopted a qualitative approach to carry out consultations,” the court documents state.
