[KAMPALA 14.07.25] The Women’s Probono Initiative expresses its profound disappointment and grave concern over the recent decision by the Constitutional Court in Constitutional Petition No.12 of 2021. This ruling, delivered on 10th July 2025, represents a deeply regrettable setback for gender equality, human rights, and the fundamental dignity of women in Uganda.
While the specifics of the court’s reasoning are being thoroughly reviewed, the implications of this decision, which upholds the Constitutionality of polygamous marriages by rendering them non-discriminatory, are clear and devastating. This court decision sends a dangerous message that deeply entrenched discriminatory practices can be legally upheld, even when they clash with fundamental human rights principles that Uganda has voluntarily committed to upholding.
Uganda, as a State Party to both the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), has a clear responsibility to eliminate all forms of discrimination against women and to promote their equality in all spheres of life including marriage and family relations.
The continuation of polygamy inherently discriminates against women by placing them in an unequal position within marriage, often without equal rights and protection in the law.
This ruling exacerbates the vulnerabilities of women within such arrangements without providing adequate safeguards to ensure their equality and dignity, and moves us further away from compliance with our international obligations. It also fails to address the systemic inequalities that leave women in polygamous unions vulnerable.
We at the WPI refuse to accept this setback to women’s rights in Uganda. We intend to swiftly appeal this ruling to the Supreme Court of Uganda as we are determined to fight for justice until Uganda’s legal system truly reflects its pledges to gender equality under the Constitution, CEDAW and the Maputo Protocol.
The pursuit of equality for all women in Uganda continues, and we are more resolute than ever.
For more information about WPI’s activities, please visit our website at www.womenprobono.org and our social media pages @womenprobono,wpi. Uganda et al or contact us on our toll-free line +256 (0) 800-220645 or email us directly at info@womenprobono.org.
About WPI: The WPI is a feminist non-profit organisation with a reputation of boldly advancing equity, challenging discrimination and violence against women and girls, through advocacy and creative lawyering.
