The Constitutional Court of Uganda has nullified parts of the Anti-Homosexuality Act, 2023 signed by President Yoweri Museveni in May 2023 proposing harsh punishment for Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) in the country.
Even though the court upheld the Act, it nullified some sections found to be inconsistent with Uganda’s Constitution.
“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement,” said lead judge Richard Buteera.
A five-judge bench led by the Deputy Chief Justice, Hon. Justice Richard Buteera removed sections that had criminalized the letting of premises for use for homosexual purposes and the failure by anyone to report acts of homosexuality to the Police for appropriate action.
“The Constitutional Court has today delivered its decision in the Consolidated Petitions No. 14, 15, 16 & 85 of 2023 and declared that the Anti Homosexuality Act of 2023 complies with the Constitution of Uganda except in only four aspects,” read a summary of the verdict.
The Court also annulled section that criminalized “Engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.
Petitioners against the law include a lawmaker and Frank Mugisha, Uganda’s most prominent LGBTQ activist.
They asked judges to strike the law down, saying it violated their constitutional rights.
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Museveni Signs LGBTQ Laws
Museveni signed the harshest anti-gay bill to law despite criticism and condemnation from rights campaigners and some Western nations.
Uganda’s parliament passed the Act in March the same year following public outcry that children and families were ‘dying in silence’ from the psychological trauma of forced recruitment into same-gender acts.
The Act criminalized homosexuality, its recognition, promotion, financing, and normalization arguing that it threatens traditional values in the conservative and religious East African nation.
Also Read: Another Blow to LGBTQ in Uganda After Court Verdict
Punishments
Further, the law-imposed death penalty for “aggravated” homosexuality cases and a life in prison for gay sex.
Aggravated homosexuality involves gay sex with people under 18 years old or when a person is HIV positive, among other categories, according to the law.
In a joint statement, the US President’s Emergency Plan for Aids Relief, UN Aids, and the Global Fund said they were deeply concerned about the “harmful impact” of the legislation.
In August 2023, World Bank announced that it would stop funding Uganda over its gay laws. However, Museveni told off the lender saying the East African economy can do without loans.
Likewise, Ghana passed anti-homosexuality bill to intensify crackdown on the rights of LGBTQ people on February 27, 2024.
The bill proposes a prison sentence of up to five years for willful promotion, sponsorship, or support of LGBTQ.
