SMUG’s 20 year battle against homophobia

This year 2024, Sexual Minorities Uganda commonly known as SMUG makes 20 years. SMUG gained local, regional, continental, and global claim as a civil liberties organization that cut its teeth fighting homophobia and broadly the rights of all LGBTQI+ persons. 

At 20, even in human life by most accounts and legal regimes one is then considered an adult, has many friends perhaps made some choices shaping up for the future to come. It’s crucial to say that somethings usually have been achieved at age 20 and it’s only fair in the spirit of accountability especially to our community, allies, partners, and all those that have stood with us in this struggle. Much as it was our visible feet in the arena there were invisible hands and shoulders on which we leaned, learned, and were comforted. 

Battling homophobia in a predominantly theist nation is no mean feat. At the time our founders decided to form an umbrella organization to agitate and cogitate about the issues that pressed the queer community there was little or no space, let alone a body of knowledge about queerness. Banal stereotypes reigned and seeking legal redress about some glaring injustices was an anathema because of the public scrutiny in a conservative environment and on many accounts the arcane language of the law and the fear that the judiciary was part and not independent of the executive and legislature which had always reminded us that we had no place in the country.

Through several cases, we went to court challenging homophobia and its direct and latent manifestations. Key among these numerous cases was the case of Victor J. Mukasa and Yvonne Oyo vs Uganda. Mukasa’s case is important because it was the first one involving sexual minorities to be tried under the heralded 1995 constitution but also because of what is said and omitted to say according to Professor Oloka Onyango in his book “When Courts Do Politics.” Mukasa who had been attacked by a community ostensibly on suspicion of being LGBTQ and was maimed for the same. The court ironically divorced Victor’s rights to privacy that it sought to protect because Victor’s house had been stormed and their rights violated such as that of human dignity. Despite sexual orientation being the elephant in the room according to Busingye Kabumba in his article “The Mukasa Judgement and Gay Rights in Uganda.” The judge stated that the case was not about homosexuality. The Mukasa victory showcased the structural nature of violence that LGBTI individuals faced at the hands of those at the locus of power.  It was of profound impact to the movement. 

It’s here that I cut the cord that bound me to everything homophobia. It was during this case that I first met many of my colleagues in the movement who have since become the family. As a small community we worked together, we filled the courts at every hearing of this case and donned rainbow T-shirts that we creatively painted ourselves. As a community we were deeply moral-invested in this case that on the day we received the judgement the walking into the courtroom looked at me and said “Frank, I am getting you a Christmas gift.” We struggled to find legal representation as many lawyers were hesitant to work with us on such “controversial” issue.

As a pioneer organization starting from scratch, there was a lot of heavy lifting to do in terms of sensitization and changing mindset. The terrain, we soon discovered, was not about to accept our constitutionally granted rights on silver platter. But as we tried anchoring the community legally i.e. that their rights and freedoms are respected, we came to understand that it was not only the law that mattered but the society and colonial political economy in which it was made (legislated), harnessed and implemented. This informs our battle front shifting from police stations and cells to now fighting for media space. 

On August 25, 2004, a group of self-confessed gays was hosted on radio a local radio station to debunk narratives and democratize the space which had only been occupied by homophobes, religious bigots, and other members of the ‘African Culture’ chorus. In a sad twist of events the FM station faced Broadcasting Council’s Ethical Committee which in a statement signed by the then council chairman Mr Godfrey Mutabazi, had defied the Electronic Media Act by broadcasting contrary to public morality. When surprisingly, New Vision published an editorial on October 5th, questioning when the Mutabazi led council was what they termed as “New Thought Police” the state minister for information Nsaba Buturo defended the position of the council stating in an Op-Ed article on. 12, October 2004 that the Radio had been promoting homosexuality. Buturo later also wrote another opinion in New Vision this time, asking why it too, promoted homosexuality? He’d later sound bells for in an August 26tt, 2007 piece titled “Tough Anti-Gay Law Due. Naively we could not read into geopolitics and the cultural wars. All we wanted was to be accepted and we be heard” In 2007 SMUG spearheaded a media campaign “let us live in Peace” aimed at asking Ugandans to let LGBTQ enjoy equal and fair treatment. 

It is in such environment that that the first Anti Homosexuality Act frothed onto the political scene in 2009. Draconian as it might have been, outnumbered in voice, resource starved, we put up a spirit fight in the media that attracted allies from parents of queer individuals, maverick academics, media doyens, international development partners and the community in a historic court battle that annulled that Anti Homosexuality Act.  We mobilized globally and even sued US based evangelical Scott Lively for his role in the making of the draconian law.  We made our claim global forcing the court to give us a judgement in real time. On the inspiration of our court victory some civil society organizations protecting sexual minorities sprung, from the grassroots and we have continued to work in consortiums, collaborations, mentoring and supporting them in many ways as they evade the patriarchal state and homophobic society that bay for their blood.

Across the 20 years leading the battle many times at the front as team leader and other different capacities at times grew numb to the pain of watching atrocities but in some days I felt I had lost myself like the murder of my friend the indefatigable David Kato whose memorial lecture we have done recently amidst several hostilities under the aegis of the new Anti-homosexuality Act that we have challenged I court and now merely await judgement. 

The journey has not been at all rosy, but the work has been fulfilling. As history gazes, SMUG will be counted as having stood for nothing but justice.  Our friends, allies and family who have stood with us thank you for joining the furnace.  

The author, Dr Frank Mugisha is a human rights activist and peace advocate.