Last week, in another blow to freedoms of association and expression in Uganda, a Ugandan court rejected a petition brought by Sexual Minorities Uganda ( SMUG), a leading group advocating for the rights of lesbian, gay, bisexual, and transgender ( LGBT ) people, to compel the government to register the NGO. The plea was rejected on the grounds that the group’s name is against “public attention”. Without membership, SMUG, which was shut down in August 2022 for failing to register with the NGO Bureau, cannot function legitimately.
The Anti-Homosexuality Act ( AHA ), one of the world’s toughest anti-LG laws, was signed by President Yoweri Museveni on March 21, 2023, marking the first anniversary of its adoption. The Supreme Court is already examining requests by human rights activists, journalists, scientists, and spiritual leaders, who are challenging the restrictive and questionable rules. The attacks on LGBT rights are a part of a wider assault on civil society, including on climate rights activists.
Since 2004, SMUG, which has advocated for health service and provided training on sexuality, has been fighting to get recognized officially for more than a decade.
The Uganda Registration Services Bureau, which had previously registered them, turned down their second attempt in 2012 on the grounds that their brand was deemed to be against open plan. Because of the reference to” physical immigrants” in the group’s name and because they interacted with people whose physical activities are punishable by the Penal Code Act, the Bureau also ruled them a legal firm under section 145 of the Penal Code Act. A lower court upheld this judgement in June 2018, which SMUG appealed.
Last week’s decision affirmed the preceding criminal decisions. The prosecutor noted that SMUG is connected to the promotion and protection of the privileges of LGBT persons, who, in the eyes of the AHA, are breaking the law, despite the court’s generally on-name problem.
Numerous human rights organizations have expressed disappointment with the choice and see it as a missed chance to defend fundamental human rights, such as the right to freedom of association and expression.
A Ugandan gay and lesbian advocate claimed that this gives the Anti-Homosexuality Act and all other homophobes more authority over people’s lives, bodies, and rights,” and invalidates all the lobbying work that has been done for years.”
The SMUG case serves as yet another illustration of Uganda’s unfair and random limits on individual rights advocates. Instead of passing laws to protect disadvantaged minorities and defend basic rights, the authorities in Uganda should cease pursuing LGBT individuals and groups.
