Arusha, Tanzania.
The recently enacted Anti-Homosexuality Act, 2023, in Uganda has been challenged before the East African Court of Justice. Perennial litigator Hassan Male Mabirizi filed a petition asserting that the law is in violation of the treaty establishing the East African Community, which emphasizes principles of democracy, rule of law, accountability, transparency, and social justice.
Mabirizi’s petition contests the entire process leading to the enactment and assent of the law, highlighting its alleged unlawfulness and infringement of the fundamental principles of the East African Community. Seeking legal redress, Mabirizi asks the regional court to declare the Anti-Homosexuality Act, 2023, as unlawful, alongside associated actions and decisions made by state organs and officials in Uganda.
The filing of this petition before the East African Court of Justice adds another layer of complexity to the ongoing debate surrounding the Anti-Homosexuality Act, 2023. President Museveni’s signing of the law on May 26 ignited both local and international backlash from various leaders. The controversial legislation introduces severe penalties, including death for aggravated homosexuality and lengthy imprisonment for various related offenses.
While activists in Uganda had previously filed petitions challenging the law’s constitutionality, this new petition before the regional court expands the scope of legal scrutiny. The East African Court of Justice now faces the responsibility of examining the compatibility of the Anti-Homosexuality Act, 2023, with the principles and obligations outlined in the treaty establishing the East African Community.
