Faith Nyasuguta
In a landmark ruling, Uganda’s Constitutional Court upheld the controversial Anti-Homosexuality Act 2023 on Wednesday, rejecting a bid to overturn one of the world’s toughest anti-gay laws.
Deputy Chief Justice Richard Buteera declared the court’s decision, stating, “We decline to nullify the law in its entirety, nor will we grant a permanent injunction against its enforcement.”
While the court upheld most provisions of the law, it found certain sections to be in violation of fundamental rights, particularly the right to health, privacy, and freedom of religion. This decision marks a contentious chapter in Uganda’s legal landscape and has drawn condemnation from LGBTQ activists, rights organizations, and the international community.
Enacted in May last year, the Anti-Homosexuality Act imposes severe penalties, including life imprisonment for consensual same-sex relations, and even death for “aggravated homosexuality.” The legislation sparked widespread outrage, with critics condemning it as discriminatory and inhumane.
The legal challenge was brought forth by two law professors from Makerere University, ruling party legislators, and human rights activists. They argued that the law violated Uganda’s constitution and its international human rights obligations, including the UN Convention against Torture.
Despite these arguments, the court upheld the majority of the law, disappointing advocates for LGBTQ rights.
Uganda’s stance on homosexuality has long been contentious, with President Yoweri Museveni’s government maintaining a defiant posture against Western pressure to repeal the law. Officials have accused foreign entities of attempting to impose Western values on African nations, asserting Uganda’s sovereignty in crafting its own legislation.
International condemnation and pressure have not gone unnoticed. The United States threatened to cut aid and investment to Uganda, imposing visa bans on officials accused of human rights abuses. The World Bank suspended new loans to Uganda over concerns that the law contradicts the values upheld by the institution.
Despite external pressures, the anti-gay law enjoys significant support within Uganda, particularly among conservative lawmakers who view it as a necessary measure to preserve traditional values and morality.
This sentiment reflects broader societal attitudes towards homosexuality in the country, where LGBTQ individuals face discrimination and persecution.
In a separate legal development, a Ugandan court recently dismissed an appeal by a gay rights group seeking government registration. The Court of Appeal deemed the group’s activities “unlawful” and against the public interest, further highlighting the challenges faced by LGBTQ organizations in Uganda.
The Constitutional Court’s decision to uphold the Anti-Homosexuality Act underscores the ongoing struggle for LGBTQ rights in Uganda. Despite setbacks in the legal arena, activists continue to advocate for equality and justice, striving to create a more inclusive society free from discrimination and prejudice.
RELATED:
