Uganda: An Unyielding Judiciary Could Throw a Potential Lifeline to Uganda's LGBTQI+ Community

analysis

The question arises: can the Ugandan judiciary, once again, follow in the footsteps of its counterparts in South Africa, Namibia, Botswana and Kenya? The decolonisation of courts across Africa may be the answer to dismantling discriminatory laws.

As an LGBTQI+ activist in Uganda, I have witnessed firsthand the government's relentless intimidation, arrests and the passage of the Anti-Homosexuality Act, which has only emboldened President Yoweri Museveni's regime to further harm the lives of queer individuals in the country. In the face of such adversity, one question lingers: Can the judiciary, unencumbered by compromise, truly save lives in Uganda?

Across Africa, courts have historically been known for affirming leaders in disputed elections, but they have not been viewed as a lifeline for queer activists challenging their governments on archaic colonial-era laws that seek to erase our existence.

However, there is hope for change. Recent cases in different African countries have demonstrated the judiciary's potential to play an interesting role in affirming LGBTQI+ lives.

Take South Africa, for example, where President Cyril Ramaphosa passed the Civil Union Amendment Act into law in October 2020. This crucial legislation prevents officiating officers from refusing to conduct same-sex marriages based on their conscience and belief, providing a glimmer of hope for same-sex couples who have long faced difficulties in legally formalising their unions.

Similarly, Namibia's supreme court ruling in May 2023 recognised same-sex marriages contracted abroad between Namibian citizens and foreign spouses....

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