The LGBT community all over the world rejoices in the recent legal victory it secured in Uganda after the country's Constitutional Court has struck down the Anti-Homosexuality Act, Buzzfeed reported. The law gained international attention as it also criminalizes even foreign-led efforts to promote LGBT rights in the country, like HIV awareness initiatives.
On the other hand, there were several LGBT activists who would have wished the court had tackled the issues that arose in the five months the law was implemented. The constitutional court, which composed of five judges, declared the law as invalid because of a technicality: the law was passed by Ugandan Parliament without a proper quorom, the New York Times said.
Ugandan law professor Sylvia Tamale was quoted as saying, "We're very happy. But it's unfortunate that the court did not deal with the substantive issues that violate our rights."
Their concerns simply means that Parliament may be able to pass the controversial law again, the Times said.
President Yoweri Museveni, who had signed the law into effect in December, is a former guerilla fighter who had strongly supported the measure. Although several foreign powers, including the US, has threatened to reduce or pull out international aid to the country, Museveni has been persistent that the law remains, Buzzfeed said. It has been feared that Museveni will launch initiatives to revive the law.
On the other hand, the LGBT community in Uganda still has a long fight. Buzzfeed noted that the constitutional court did not discuss on whether the country's other anti-LGBT laws, including the archaic sodomy code, has violated basic human rights. Under the sodomy code provision, two men are awaiting trial to determine their purported guilt under such legislation. Moreover, LGBT activists in Uganda are expecting a retaliation from supporters of the anti-gay law should they win.
Kasha Jacqueline of the organization Freedom and Roam Uganda, who co-petitioned in the constitutional court complaint, said, "Many people are going to retaliate and attack community members. People are going to retaliate - not just the members of Parliament and anti-gay groups and religious leaders, but in the community as well."
