Uganda Court Nullifies 4 Sections of Draconian Anti-Gay Law: A Glimmer of Hope for LGBTQ+ Rights
The panel of five judges upheld 13 provisions of the Anti-Homosexuality Act assented into law in 2023. In summary, the judgment delivered on Wednesday, 3rd April,2024 stated that Sections 3(2)(c), 9, 11(2)(d), and 14 of the Act contravened the Constitution of Uganda, 1995. The nullified Sections criminalized various aspects related to homosexuality, including letting premises for homosexual purposes, failure to report homosexual acts to the police, and engaging in acts resulting in illness transmission.
This decision stemmed from four petitions challenging the Act, filed following its passage and presidential assent on May 26, 2023, by President Yoweri Museveni. Twenty-two private citizens and human rights activists contested all 17 Sections, alleging violations of human rights and freedoms enshrined in the country's constitution and international human rights instruments. The petitions faced opposition from entities including the Attorney General and the Family Life Network Limited. Additionally, the Court received an amicus brief from the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS).
During the determination, the panel considered legislation and judicial decisions from other jurisdictions that have decriminalized consensual homosexuality in private spaces. It also noted the lack of global consensus on non-discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).
The judges deliberated on the conflict within international human rights law between a universal understanding of human rights and respecting diverse human cultures. They acknowledged Uganda's socio-cultural norms, values, and aspirations as mandated by the Constitution. The Act, reflecting Ugandan societal realities, was passed by a significant majority of democratically elected representatives.
Justices Richard Buteera, Geofrey Kiryabwire, Monica Mugenyi, Kibeedi Muzamiru, and Christopher Gashirabake upheld the constitutionality of the Anti-Homosexuality Act, save for the four nullified provisions, in their verdict.
