Nabagesera & 3 Others v. Attorney General & Another

Members of Freedom and Roam Uganda (“FARUG”) sued the Attorney General and Minister of Ethics and Integrity Simon Lokodo for violating their constitutional rights to freedom of assembly, right to participate in peaceful civil society activity, and right to equal treatment before the law. In February 2012, Minister Lokodo personally appeared at and ordered closed down a FARUG-hosted “project planning, advocacy, human rights, leadership, and business skills” workshop in 2012 on the grounds that the workshop was an “illegal gathering of [h]omosexuals.” The respondents argued that Uganda Penal Code (sec. 148) prohibits homosexual acts, which includes the prohibition of direct or indirect encouragement, incitement, and conspiracy to commit the offense. Citing the Uganda Penal Code, Constitution of Uganda, and African Charter of Human and Peoples’ Rights, the Court held that individual human rights are not absolute and may be restricted in the public interest as long as the restrictions do not amount to political persecution. Calling the workshops “a pretext for human rights advocacy to promote homosexual acts which are prohibited by the Ugandan laws,” the Court rejected Applicants’ freedom of expression arguments because their activities constituted “offenses against morality” and “prejudicial to the public interest.” In response to Applicants’ use of international human rights law, the Court held that Uganda’s “different laws and moral values” require different definitions and protections of the public interest than those cited in precedent from the UN, South Africa, the European Court of Human Rights, Hong Kong, etc. The Court also rejected the suit against the Minister of Ethics and Integrity in his individual capacity because he was acting in his official capacity, meaning the Attorney General was the only proper respondent.