A second petition challenging the Anti Homosexuality Act has been filed before the Constitutional Court.
Last week, 11 activists challenged the anti homosexuality law with a petition in the Constitutional Court but this petition suffered glitches when some of the petitioners including Fox Odoi and Dr.Frank Mugisha said they had not been consulted before filing the petition.
However, in the latest petition, Odoi has been joined by Frank Mugisha, Pepe Onziema, Jakcline Kemigisa, Andrew Mwenda, Linda Mutesi, Kintu Nyago, Jane Nassimbwa and Paul Bucyana Kwizera to challenge the anti-homosexuality law.
The petitioners argue that the new law is inconsistent and offends Article 92 of the Constitution of Uganda which emphasizes that Parliament shall not pass any law to alter the decision or judgment of any court as between the parties to the decision or on judgment.
These aver that the new law contravenes articles 1, 2, 3, 38(2)and 94 of the constitution since the Legal and Parliamentary Affairs Committee, Parliament itself and the enactment within six days was far below the mandatory 45 days provided by the rules and that this denied the public participation in the preparation of the law.
“It was unconstitutional that the Anti Homosexuality Bill, a private member’s bill was moved without any prior and or participation of the public. There was no policy document that informed the introduction, consideration and passage of the Anti Homosexuality Act, 2023. The expediency, speed and haste with which the Anti Homosexuality Act 2023 was passed denied the people of Uganda exercise of their power and sovereignty in contravention of articles 1(1), 2 and 3 of the Constitution,” the petitioners say.
The petitioners say that the law offended fundamental rights and freedoms guaranteed under chapter four of the constitution when it criminalized consensual sex between adults of the same sex.
They also argue that imposing a death sentence contravenes international human rights instruments, treaties, conventions and articles.
These ask court to nullify the Anti Homosexuality Act, 2023 for being unconstitutional.
“As LGBTQ human rights advocate I’m supportive of both of petitions. What is in issue here is not the number of the petitions but the rights , ignominy and plight that LGBTQ community is reckoning as a consequence of this draconian law. Whether by road, air or railway I want this law nullified by court expeditiously and the that’s the purpose of the petitions. The more we are the stronger we are,” Dr.Frank Mugisha one of the petitioners said at court.
