On April 30, the United Kingdom announced its first-ever corruption-related sanctions against Uganda, targeting Ms Among, Ms Mary Goretti Kitutu, and Ms Agness Nandutu, both former ministers responsible for the restive mineral-rich Karamoja region. The sanctions consist of travel bans and asset freezes.

Britain’s deputy foreign minister, Andrew Mitchell, said in a statement that Kitutu and Nandutu stole a significant quantity of iron sheets from a government-funded housing initiative intended to aid vulnerable communities in Karamoja. Among was said to have benefitted from the stolen materials.

President Museveni wrote in a May 2 letter that was made public for the first time on Friday (May 10) that he met the British High Commissioner to Uganda, Kate Airey OBE, hours before the sanctions were announced.

“The meeting was at Nakasero but I was on my way to Entebbe for other meetings. I, therefore, did not have time to discuss with anybody the issue. 

The High Commissioner told me that they intended to sanction the Honorables; Kitutu and Nandutu for their roles in the mabaati (iron sheets) issue.

” I would like, by the copy of this letter to ask the Attorney-General the legality of this action since this is a purely internal matter for Uganda,” Museveni wrote adding “The alleged theft was discovered by our agencies and the Uganda courts are handling the case. The accused are not yet convicted. How do other countries come into the matter? Attorney-General advise,” Mr Museveni writes in the letter.

In the latter, the president says he was told the Speaker owns a house or houses in the UK and bank accounts through which she has been wiring school fees to students in the UK.

“Why would a Ugandan leader build or buy houses in the UK or anywhere else abroad, when Uganda, the still under-developed country where she would have earned the money, still needs those investments? It would definitely be a moral and ideological mistake,” Mr Museveni writes in the letter addressed to the Minister of Foreign Affairs, Gen Jeje Odongo, and copied to the Speaker, the IGG, the Minister of State for Integrity, and the Attorney General.

According to the president, the issue of houses would be “very interesting” if, especially, Ms Among did not declare them in her Leadership Code documents. 

“If she had declared them, then the next issue would be how she got the money to build them. If these two are answered correctly and showing no mistake, the remaining issue would be political, ideological judgment,” he said.

 The president reportedly told Ms Airey that the Uganda Government would demand from the UK Government more information about this. 

He said the attorney-General and Ministry of Foreign Affairs would advise on how this can be done and the appropriate authority to go ahead and do it.

 Meanwhile, Museveni wrote, “by the copies of this letter, I request the Inspector General of Government (IGG) and Minister of Integrity to inform me if the Rt. Hon. Anita Among declared in her forms of the Leadership Code her owning of a house or houses in the UK”.

On the issue of bank accounts  Museveni told the High Commissioner ” it may not be a serious issue if she sent legitimately earned money to support the children who are studying there”.

During a May 3 plenary session, Ms Among claimed the sanctions stemmed from her opposition to homosexuality. She linked them to her role in presiding over the passage of the Anti-Homosexuality Bill, which was later signed into law by President Museveni.

The Speaker downplayed the sanctions, stating that she neither owns property in the UK nor desires to travel there. She emphasized her loyalty to Uganda and dismissed the accusations.

“I am told [that] I have so many assets in the UK and lots of accounts in the UK. Unfortunately, I have only been in the UK once. I don’t even have a pussycat in the UK. I have always said that I have a permanent passport to Bukedea and Buyende districts. I don’t need a visa to UK. So, honorable members, you need to be very firm and fight for your position. Just imagine it is your kid who is being sodomized. I have interacted [with some officials] and we have gotten to know what the sanctions are about. At an appropriate time, the Head of State will also respond to it because it is an indictment on the Parliament of Uganda,” she said.

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These sanctions, announced on Tuesday, mark the first instance of the UK government utilizing the Global Anti-Corruption Sanctions regime to target individuals implicated in corruption in Uganda.

The measures encompass asset freezes and travel restrictions against the named individuals.

Deputy Foreign Secretary of the UK, Andrew Mitchell, disclosed the sanctions against Among and the ex-ministers Mary Goretti Kitutu and Agnes Nandutu, who were recently dismissed from their ministerial positions overseeing Karamoja.

This move aligns with the UK’s ongoing commitment to combat serious corruption worldwide, as emphasized in a statement from the foreign office.

These sanctions against Among follow previous penalties imposed by the United States in connection with her involvement in the Anti-Homosexuality Bill in 2023.

Allegations surfaced last year accusing government officials of misappropriating thousands of iron sheets intended for infrastructure projects in Karamoja, diverting them to influential politicians and their families instead. Among was purportedly among the beneficiaries, according to the UK government.

The initial list of individuals implicated in the corruption scandal included several high-ranking officials, highlighting the severity of the issue. Mitchell condemned such actions, emphasizing that corruption, particularly when it deprives vulnerable communities of aid, is reprehensible and warrants severe consequences.

Under the asset freeze, the sanctioned individuals are prohibited from accessing any funds or economic resources held in the UK, and UK citizens or businesses are barred from engaging in transactions with them. Additionally, their existing visas have been invalidated, and they are ineligible for visa issuance until further notice. These sanctions serve as a clear message that corruption will not be tolerated and those responsible will be held to account.

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The ruling came following a petition by a group of activists who wanted the law trashed.

However court rules that only four sections in the law were illegal and should be repealed.

Below are the details of the ruling:

HE CONSTITUTIONAL COURT OF UGANDA PRONOUNCES ITSELF ON THE ANTI-HOMOSEXUALITY ACT, 2023 OF UGANDA

The Constitutional Court of Uganda has nullified Sections 3(2)(c), 9, 11(2)(d) and 14 of the Anti-Homosexuality Act, 2023 for contravening the Constitution of Uganda, 1995.

This was in the unanimous judgment delivered today, the 3rd of April 2024, by the panel of five justices of the Constitutional Court led by the Deputy Chief Justice in Consolidated Constitutional Petition Nos. 14, 15, 16 & 85 of 2023 Hon. Fox Oywelowo Odoi & 21 others Vs Attorney General & 3 Others.

The nullified Sections had criminalised the letting of premises for use for homosexual purposes, the failure by anyone to report acts of homosexuality to the Police for appropriate action, and the engagement in acts of homosexuality by anyone which results into the other person contracting a terminal illness.

Background

In 2023, the Parliament of Uganda passed the Anti-Homosexuality Act following the public outcry, social and broadcast media discussions and homosexuality victims painful and gruelling stories of children and families that were dying in silence from the psychological trauma of forced recruitment of children into homosexual acts. The Act criminalised homosexuality, its recognition, promotion, financing and normalization.

As soon as the President of Uganda assented to the Anti-Homosexuality law on the 26th of May 2023, four Constitutional Petitions were filed in the Constitutional Court by a total of 22 private citizens and human rights activists challenging virtually all the seventeen sections of the Anti-Homosexuality Act for their alleged contravention of human rights and freedoms that are guaranteed under the Uganda Constitution, and international human rights instruments to which Uganda is a party.

The Petitions were opposed by the Attorney General of Uganda, Pastor Martin Sempa, Eng. Stephen Langa and the Family Life Network Limited. Court also did benefit from an amicus brief filed by the Secretariat of the Joint United Nations Programme on HIV/ AIDS (UNAIDS).

In its Judgment, the Constitutional Court upheld the constitutionality of the Anti-Homosexuality Act save the four provisions already mentioned above.

Basis for the court decision

In coming to its decision, the Constitutional Court considered the following:
The legislations and judicial decisions from sister jurisdictions that have decriminalised consensual homosexuality between adults in private space.

The absence of consensus at the global level regarding non-discrimination based sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC). This is reflected in the fact that to date non-discrimination on the basis of the SOGIESC variables has not explicitly found its way into international human rights treaties. Instead, it has been vetoed by a bloc of resistant (UN) member states that has prevented the adoption of a binding declaration or similar instrument to strengthen protections for LGBTI human rights.

The conflict in international human rights law between upholding a universal understanding of human rights and respecting the diversity and freedom of human cultures, with no one culture entirely diminishing the dignities of the other.

The conflict between individuals right to self-determination, self-perception and bodily autonomy, on the one hand; and the communal or societal right to social, political and cultural self-determination, calling for a delicate balance between individual autonomy and communal interests.

The recent developments in the human rights jurisprudence including the decision of the US Supreme Court in Dobbs v Jackson Womens Health Organisation, No. 19-1392, 597 U.S. 215 (2022), where the Court considered the nations history and traditions, as well as the dictates of democracy and rule of law, to over-rule the broader right to individual autonomy.

The uniqueness of Ugandas Constitution which obliges the courts of law to take into account the countrys socio-cultural norms, values and aspirations when resolving any disputes before them.

The Anti-Homosexuality Act being, in general, a reflection of the socio-cultural realities of the Ugandan society, and was passed by an overwhelming majority of the democratically elected representatives of the Ugandan citizens.
Dated: 03.04.2024

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It comes amid talk of misuse of public funds by the Speaker where she allegedly siphoned money in billion shillings through her employees.

But in Saturday, Museveni applauded Among’s commitment to community development, citing her previous endeavors such as the establishment of Bukedea Comprehensive School and a nursing and paramedical studies institution. He highlighted Among’s strategic planning and resourcefulness, noting that funds generated from her educational ventures were reinvested into the hospital project.

Constructed under Speaker Among’s guidance, the hospital aims to deliver accessible and high-quality healthcare services to the residents of Teso and nearby areas.

In addition to the hospital, Museveni also inaugurated Bukedea College of Health Science, further expanding Speaker Among’s contributions to professional health education in the region.

Speaker Among expressed gratitude to President Museveni for his financial assistance in realizing the hospital’s construction. The project, initiated in 2017 with the President’s support and land allocation, reached fruition in January 2024, marking a significant milestone in healthcare provision for the community.

Since its opening, Bukedea Teaching Hospital has already served over 2,000 patients, showcasing its immediate impact on addressing healthcare needs in the area.

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