By Ezrah Kashumbusha
KAMPALA, April 03, 2024 | The Constitutional Court in Kampala has upheld Uganda’s Anti-Homosexuality Act 2023, asserting its alignment with the country’s constitution and sociocultural norms. The decision, delivered by a panel of five justices led by Deputy Chief Justice Richard Buteera, marks a key moment in the ongoing legal discourse surrounding LGBTQ rights in Uganda.
The Anti-Homosexuality Act, which was passed by Parliament and assented to by President Yoweri Kaguta Museveni on May 26, 2023, has been a subject of heated debate both domestically and internationally. While the court’s decision maintains the integrity of the law, it also acknowledges the need to address certain provisions that were deemed unconstitutional.
In an exhaustive 200-page judgment, the constitutional court deliberated on various aspects of the law and its implications on fundamental rights and freedoms. Despite the petitioners’ arguments, including those presented by prominent figures like West Budama MP Fox Odoi, human rights advocate Nicholas Opiyo, and legal experts such as Professors Sylvia Tamale and Dr. Kabumba Businye, the court ultimately affirmed the legitimacy of the Anti-Homosexuality Act.
However, the justices nullified specific sections of the Act that were found to contravene constitutional principles. Sections 3(2)(c), 9, 11(2)(d), and 14, which criminalized aspects like letting premises for homosexual purposes and failure to report homosexual acts to the police, were struck down. The court concluded that these provisions infringed upon the rights to privacy, adequate living conditions, and health for LGBTQ individuals, thus warranting their exclusion from the law.
The decision reflects a delicate balance between upholding legal frameworks and safeguarding individual liberties, taking into account Uganda’s unique socio-cultural context. Notably, the justices emphasized the importance of considering societal norms highlighting the significance of cultural sensitivity in legal proceedings. While activists advocating for LGBTQ rights expressed satisfaction with the nullification of certain provisions, they reiterated their commitment to challenging the broader implications of the Anti-Homosexuality Act with plans to escalate the matter to the Supreme Court.
