Uganda’s Constitutional Court declined on Wednesday to invalidate or halt an anti-LGBTQ law, which imposes severe penalties, including the death penalty for certain same-sex acts. However, the court found that some provisions of the law are inconsistent with fundamental human rights.
This legislation, enacted in May of the previous year, stands as one of the most stringent anti-gay laws globally, eliciting criticism from human rights activists and triggering sanctions from Western nations.
According to activists, the law has led to widespread abuse against LGBTQ individuals, ranging from torture and rape to arrests and forced evictions.
Lead judge Richard Buteera, speaking on behalf of his four colleagues, stated, “We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement.” However, the court invalidated specific sections deemed to infringe upon rights such as health, privacy, and freedom of religion.
Notably, the court denounced the section of the law mandating the reporting of individuals suspected of homosexual offenses to authorities, citing violations of individual rights.
Following the law’s enactment in May 2023, the World Bank suspended new lending to Uganda, and the United States imposed visa and travel restrictions on Ugandan officials.
The Anti-Homosexuality Act imposes severe penalties, including life imprisonment for consensual same-sex relations, and deems “aggravated homosexuality” as an offense punishable by death.
Among the petitioners challenging the law are a lawmaker and Frank Mugisha, Uganda’s leading LGBTQ activist, who argue that it infringes upon their constitutional rights.
The petitioners retain the option to appeal to the Supreme Court.
This ruling contributes to a broader trend of anti-gay crackdowns across Africa, evidenced by Ghana’s recent enactment of stringent anti-gay legislation in February, further curtailing the rights of LGBTQ individuals.
