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Liberal Bibliophile

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Uganda court annuls anti-homosexuality law

Uganda's Constitutional Court has annulled tough anti-gay legislation signed into law in February.

It ruled that the bill was passed by MPs in December without the requisite quorum and was therefore illegal.

Homosexual acts were already illegal, but the new law allowed for life imprisonment for "aggravated homosexuality" and banned the "promotion of homosexuality".

Several donors have cut aid to Uganda since the law was adopted.

Ugandan government spokesperson Ofwono Opondo said the government was still waiting the attorney general's advice about whether to challenge the ruling in the Supreme Court.

He added that the ruling showed to Western donors that Uganda's democracy was functioning very well and that they should reinstate any aid they had cut.

The Ugandan authorities have defended the law in the past, saying President Yoweri Museveni wanted "to demonstrate Uganda's independence in the face of Western pressure and provocation".

'Null and void'

Uganda is a deeply conservative society where many people oppose gay rights and the sentence for homosexual acts has always been life imprisonment.

Earlier drafts of the anti-homosexuality act made it a crime not to report gay people - which would have made it impossible to live as openly gay - but this clause was removed.

However the legislation that was passed in parliament was "null and void", the presiding judge at the Constitutional Court said, as not enough lawmakers had been present to vote on the bill.

The law, which was signed by President Museveni in February, toughened up existing laws.

Lesbians were covered for the first time and those found living in a same-sex marriage could have been sentenced to life imprisonment.

The challenge to the law was brought by 10 petitioners, including academics, journalists, both ruling and opposition MPs, human rights activists and rights groups.

"The retrogressive anti-homosexuality act of Uganda has been struck down by the constitutional court - it's now dead as a door nail," the AFP news agency quotes prominent journalist Andrew Mwenda, one of the petitioners, as saying.

The BBC's Catherine Byaruhanga in the capital, Kampala, says supporters of the anti-gay laws have been angered by the ruling of the five judges.

They wonder whether their decision has anything to do with the president's visit to Washington next week for the US-Africa Summit, she says.

In June, the US imposed sanctions on the East African nation, including travel restrictions on Ugandan officials involved in serious human rights abuses.

The White House also cut funds to a number of programmes it is running with the Ugandan authorities.

Several European nations - including Denmark, Norway, the Netherlands and Sweden - had earlier cut aid.

Pastor Martin Ssempa, a vocal backer of the anti-homosexuality legislation, told the BBC his supporters would be asking parliament to investigate the impartiality of the judiciary.

Our reporter says if the state does not challenge the ruling it could re-table the bill in parliament where the ruling National Resistance Movement holds the majority in the house.
The Ugandan Parliament could always craft another bill similar to the law and make sure that enough members are present for a quorum this time. This law was voided by the court purely on a technicality and not based on the substance of the law. I suspect that the Ugandan Parliament will begin working on a new law to replace this one soon (if the ruling is not appealed). The law has been overwhelmingly popular in Uganda. The legislation would never have become law though if it were not for the West and LGBT groups speaking out against it in the first place. President Museveni had to assert the sovereignty of Uganda in the face of international criticism. Before the criticism he was leaning towards vetoing the law - citing that the current laws on the book were strong enough. Ugandan anti-homosexuality laws were already among the strictest in the world. The celebrations from LGBT groups are premature and this victory for them will be short-lived. The people of Uganda will demand action (and not the kind of action you social liberals want either).

Omnipresent Cultist

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The Ugandan Parliament could always craft another bill similar to the law and make sure that enough members are present for a quorum this time. This law was voided by the court purely on a technicality and not based on the substance of the law. I suspect that the Ugandan Parliament will begin working on a new law to replace this one soon (if the ruling is not appealed). The law has been overwhelmingly popular in Uganda. The legislation would never have become law though if it were not for the West and LGBT groups speaking out against it in the first place. President Museveni had to assert the sovereignty of Uganda in the face of international criticism. Before the criticism he was leaning towards vetoing the law - citing that the current laws on the book were strong enough. Ugandan anti-homosexuality laws were already among the strictest in the world. The celebrations from LGBT groups are premature and this victory for them will be short-lived. The people of Uganda will demand action (and not the kind of action you social liberals want either).


No it was voided on a technicality because Europe went through on it's threat of cutting aid.

If Europe did not stop giving aid they would of "forgotten" about that technicality

thus it will never pass because they like money more than the will of the people.
Glorious Leader Luna
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The Ugandan Parliament could always craft another bill similar to the law and make sure that enough members are present for a quorum this time. This law was voided by the court purely on a technicality and not based on the substance of the law. I suspect that the Ugandan Parliament will begin working on a new law to replace this one soon (if the ruling is not appealed). The law has been overwhelmingly popular in Uganda. The legislation would never have become law though if it were not for the West and LGBT groups speaking out against it in the first place. President Museveni had to assert the sovereignty of Uganda in the face of international criticism. Before the criticism he was leaning towards vetoing the law - citing that the current laws on the book were strong enough. Ugandan anti-homosexuality laws were already among the strictest in the world. The celebrations from LGBT groups are premature and this victory for them will be short-lived. The people of Uganda will demand action (and not the kind of action you social liberals want either).


No it was voided on a technicality because Europe went through on it's threat of cutting aid.

If Europe did not stop giving aid they would of "forgotten" about that technicality

thus it will never pass because they like money more than the will of the people.


I strongly disagree with you. Money had nothing to do with this ruling. If it did then the court would have struck the law down on the substance and not through a technicality. A ruling on the substance would have ensured that a similar law was never passed again. But a technicality ruling ensures that another law will be passed that avoids making the same mistake again. And with nearly 100% of Ugandans favoring the law there is no way that President Museveni or the Parliament can ignore such resounding sentiment from the public. President Museveni sees this law as a way for him and his party to continue remaining in power. The international criticism has bolstered his popularity for standing up against the West. It is only a matter of time now. Of course the government could win an appeal and the law would go into effect once more. The court could not ignore this technicality though in my opinion. The law was passed through a huge violation of parliamentary procedure. Any sensible judge would have noted that and (regardless of the substance of the law) struck it down. A quorum is an important legislative safeguard.

Omnipresent Cultist

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I strongly disagree with you. Money had nothing to do with this ruling..


Quote:
Ugandan government spokesperson Ofwono Opondo said the government was still waiting the attorney general's advice about whether to challenge the ruling in the Supreme Court.

He added that the ruling showed to Western donors that Uganda's democracy was functioning very well and that they should reinstate any aid they had cut.


"Look we not going to be oppressing the gays anymore you can start giving us money again now!".

http://www.transparency.org/country#UGA

Uganda also is really corrupt so yeah the Ugandan government will give no ******** to what the public wants over getting loads of dosh.
Glorious Leader Luna
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I strongly disagree with you. Money had nothing to do with this ruling..


Quote:
Ugandan government spokesperson Ofwono Opondo said the government was still waiting the attorney general's advice about whether to challenge the ruling in the Supreme Court.

He added that the ruling showed to Western donors that Uganda's democracy was functioning very well and that they should reinstate any aid they had cut.


"Look we not going to be oppressing the gays anymore you can start giving us money again now!".

http://www.transparency.org/country#UGA

Uganda also is really corrupt so yeah the Ugandan government will give no ******** to what the public wants over getting loads of dosh.


I agree wholeheartedly that the Ugandan government is extremely corrupt. The politicians are living quite nicely at the expense of their own people - the same case for nearly every African country. Of course the Ugandan government wants the aid money restored. But at the same time they want to placate the public in order to protect their own self-interests too. From what I have read this law came about in order to distract the public from the poor economy. And given how much homosexuality is detested throughout the country it was the perfect issue to turn to.

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