Ugandan court backs government’s refusal to register LGBTQ organization

People hold placards during a demonstration against the proposed new Ugandan anti-gay legislation which makes homesexuality illegal and punishable by harsh sentences for people identifying as LGBTQ+ in Pretoria, South Africa on March 31, 2023. PHOTO | REUTERS

What you need to know:

  • Activists had sought to register an organisation as a limited company to enable it to operate legally in Uganda, where same-sex acts are illegal.

Kampala. A Ugandan court on Tuesday dismissed an appeal by a gay rights group seeking government registration, ruling that it aimed to promote "unlawful" activities.

The Court of Appeal said any registration of the group Sexual Minorities Uganda (SMUG) was against the public interest and national policy.

Its judges upheld a previous high court ruling that backed a decision by the state-run Uganda Registration Services Bureau more than a decade ago to refuse to register SMUG.

The petitioners sought to register the name "for purposes which were intended to promote the sexual rights of minorities classified as LGBT," ruled Justice Catherine Bamugemereire on behalf of a three-judge panel.

Justice Bamugemereire added that LGBTQ activities are "unlawful and have been criminalised", and therefore the registrar "exercised her discretion judiciously in rejecting the name in the public interest." 

Activists had sought to register SMUG as a limited company to enable it to operate legally in Uganda, where same-sex acts are illegal.

According to court documents submitted by SMUG founders, the group aims to protect the rights of sexual minorities, give them shelter and security in case of attack, and provide public advocacy.

In May last year, the East African nation adopted one of the world's harshest laws against homosexuality, prompting outrage from rights advocates and Western powers.

The legislation contains provisions making "aggravated homosexuality" a capital offence and imposes penalties for consensual same-sex relations of up to life in prison.

SMUG officials condemned Tuesday's ruling.

"The court of appeal’s decision reinforces state-sanctioned discrimination against sexual minorities, compromising fundamental rights to expression and association," Denis Wamala, one of the petitioners, said on X, formerly Twitter.

He called for the Supreme Court to conduct an "urgent review" of the appeal court's decision.