2024-11-12

  • Human Rights
  • LGBTQ+ Law
  • Constitutional Law
  • Administrative Law

Freedom Of Association And The LGBTQ+ Community In Uganda: An Examination Of Frank Mugisha And Two Others V Uganda Registration Services Bureau

Article by John Martin Muwanguzi

Abstract

This paper explores the resistance faced by the LGBTQ community in Uganda in asserting their right to freedom of association. It focuses on two key judicial decisions—one from Uganda and the other from Kenya—alongside rulings from other jurisdictions, to provide a broader perspective on the LGBTQ community’s right to associate. The Court of Appeal of Uganda took a narrow approach in deciding whether the Registrar of Companies acted lawfully in refusing to reserve the name "Sexual Minorities Uganda." While the court emphasised the Registrar's discretion, the key issue was whether that discretion was lawfully exercised. The paper argues that the decision marked a significant setback in the LGBTQ community’s efforts to realise their constitutionally guaranteed rights, hindering their ability to organise and associate freely.

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