By Ezrah Kashumbusha.
KAMPALA, March 12, 2024 | The Court of Appeal in Uganda has affirmed the decision of the Uganda Registration Services Bureau (URSB) to deny registration to an organization advocating for gay rights, citing public policy interests.
Justices including Deputy Chief Justice Richard Butera, Christopher Gashirabake, and Catherine Bamugemereire concurred that the URSB acted lawfully in refusing to register the organization named Sexual Minorities Uganda (SMUG), as it was not in line with the laws prohibiting the promotion of LGBT rights in Uganda.
“This Appeal was not about abrogating any particular behavior in our society. I have already found that the appeal was on name reservation (URSB) was justified in its decision taken in the public interest,” stated Justice Bamugemereire during the ruling.
The case originated from an appeal filed in 2016 by three gay rights activists—Frank Mugisha, Dennis Wamala, and Joanita Mary Ssenfuka—who contested the decision of the URSB to reject the registration of SMUG. Despite their arguments that the refusal violated their constitutional rights, the URSB maintained that the organization’s objectives conflicted with public policy interests.
In a letter dated February 16, 2016, the URSB explicitly stated that the objectives of SMUG were not aligned with public policy interests, prompting the activists to escalate the matter to the High Court. However, their petition was dismissed by High Court Judge Patricia Basaza on June 14, 2018, who upheld the URSB’s decision and ordered the activists to pay costs and damages.
Undeterred, the activists pursued an appeal to the Court of Appeal, where their case was thoroughly reviewed. Upon examination of the organization’s objectives, the Court of Appeal justices affirmed the URSB’s decision, ruling that the registration rejection was justified. The court also ordered each party to bear their own costs.
Through their legal representatives, SMUG blamed the High Court for allegedly mischaracterizing their organization’s objectives and accused the URSB of unlawfully restricting LGBT rights advocacy in Uganda.
The case highlights the ongoing debate surrounding LGBT rights in Uganda, where the Anti-Homosexuality Act of 2023 imposes severe penalties for individuals convicted of homosexuality or promoting same-sex marriage, including life imprisonment and up to ten years’ imprisonment, respectively.
