Uganda: An anti-gay law is gone; anti-gay trial continues
The trial of a gay man and a transgender woman is scheduled for Sept. 22 in a Ugandan courtroom in a case that threatens them with the potential of life imprisonment for sexual activity “against the order of nature.”
The defendants are not accused of violating the Anti-Homosexuality Act of 2014, which was in effect from its signing in February until the Constitutional Court overturned it on procedural grounds on Aug. 1.
They are charged under an older law, Uganda’s Penal Code, in which Section 145 provides for a life sentence for consensual same-sex relations.
When proceedings against gay businessman Kim Mukisa, 24, and Jackson Mukasa, 19, a transgender woman, began in May, the trial was described by the LGBT advocacy group Sexual Minorities Uganda (SMUG) as the first in the recent history of Section 145.
All previous cases under Section 145 had either been dismissed for want of prosecution or remained pending, SMUG said. That changed last year during discussions and eventual passage of the Anti-Homosexuality Bill, when officials again began prosecuting homosexuality-related cases.
The advocacy group Human Rights Awareness and Promotion Forum — Uganda (HRAPF) has provided lawyers for several LGBT defendants, including Mukisa and Mukasa.
Buganda Road Chief Magistrates Court last considered the case against Mukisa and Mukasa on Aug. 27.
In a previous session, the state prosecutor had asked for an adjournment to produce witnesses, HRAPF reported. The defense lawyer then asked court that it should be the last adjournment for the prosecution and she prayed for the matter to be dismissed.
On Aug. 27, the state prosecutor was not in court because her child was sick. HRAPF said that the magistrate could not render a judgment in the absence of the state prosecutor so the case was adjourned to Sept. 22.
Mukisa came to the attention of police on Jan. 27 when he was attacked by a mob. HRAPF rescued Mukisa from the mob, but he was then arrested by the police. Mukasa was arrested the next day.
During court proceedings, the defense team will challenge the constitutionality of the Penal Code provisions, “if strategically appropriate,” SMUG has said.
Related articles
- Anti-gay Ugandan tactic: Abusive, worthless anal exam (May 14, 2014, 76crimes.com)
- Uganda court grants bail in gay-sex trial (May 8, 2014, 76crimes.com)
- No bail for 2 Ugandans facing trial on gay-sex charges (April 23, 2014, 76crimes.com)
- As many as 12 awaiting gay-sex trials in Uganda (April 25, 2014, 76crimes.com)
- Persecution of Uganda’s Gays Intensifies as Rights Groups Go Underground (ipsnews.net)
- Tragic Outcomes likely as Uganda May Refuse Bail on Gay-Sex Charges (oblogdeeoblogda.me)
- Police Arrest Two Men in Uganda Over Alleged Gay Sex Acts: VIDEO (towleroad.com)
- Gay British man deported from Uganda urges government to help his partner (theguardian.com)
- Uganda; Suspected gay couple remanded (sendson04.wordpress.com)
- Two more arrests of allegedly gay Ugandans (76crimes.com)
- Ugandan advisers falsified report to boost anti-gay bill (76crimes.com)
- Ugandan activist denied bail; potential life sentence (76crimes.com)
Let me start by saying that I am in no way defending what is going on Uganda with regard to LGBTs.
1. NITPICKING
“The defendants are not accused of violating the Anti-Homosexuality Act of 2014, which was in effect from its signing in February until the Constitutional Court overturned it on procedural grounds on Aug. 1.”
The AHA was never completely ready for use. Yes, it was assented to in Feb, but was not gazetted for another month or so. Then there were reports that some procedures or guidelines had to be sorted before it could be wheeled out. Finally, it was killed by the Constitutional Court. Why does the LGBT media always refer to the AHA in LGBT prosecutions, because they are/were all being done under the old legislation. That is to say, there was never a prosecution started using the AHA.
Question: was anyone ever even charged under the AHA?
2. CONVICTIONS
Question, really: How many convictions have there been in Uganda for consensual same-sex acts? I suspect there has been not a single one, but readily agree that I could be wrong.
3. “the state prosecutor was not in court because her child was sick … so the case was adjourned to Sept. 22.” ie 4 weeks later.
That is so absurd that I believe it. I hope that the accused are on bail, and not remanded in custody. It would be helpful to tell us if reporting on this case again
Dear Peter,
Thanks for your comment. I have a few answers to your questions:
1. Was anyone ever even charged under the AHA? I believe that the answer is no. The defendants that I’m aware of were charged with violations of previously existing laws, especially Section 145 of the Penal Code. But the number of prosecutions did increase — not coincidentally, I believe — just before the AHB was passed last December. The prosecutions have continued since then, but not on the basis of the AHA.
2. I am not sure of any convictions in Uganda for consensual same-sex acts, though a number of cases threaten to be the first (at least the first in recent memory). My updates on all homosexuality-related cases that I am aware of are in the article “As many as 12 awaiting gay-sex trials in Uganda” (April 25, 2014) and the larger list “99 imprisoned for being gay, 148 more awaiting trial” (latest update: Aug. 31, 2014).
3. The two defendants were released on bail to await the conclusion of their trial. I mentioned that fact in the photo caption, but managed to omit it from the body of the text of this latest article. I did report in May that the two defendants were granted bail.
Best,
Colin Stewart, editor of this blog
Thanks for taking the time to answer my questions.
I am posting this from an African village, with a miserable internet connection. Consequently, I do not download graphics, and never pay attention to their place-holders. I see now the mention of bail in the place-holder. Silly me, lesson learned!