KAMPALA, Uganda
Uganda's Constitutional Court on Wednesday largely upheld the controversial Anti-Homosexuality Act 2023 for being in line with the values and the country's Constitution.
However, the five
justices struck out Sections 3 (2) C, 9, 11 (2)d and 14 for being
inconsistent with the Constitution as they violate the right to health,
privacy and freedom to religion.
"We decline to nullify
the Anti-Homosexuality Act 2023 in its entirety, neither do we grant a
permanent injunction against its enforcement," ruled Deputy Chief Justice
Richard Buteera on behalf of the panel of five justices.
"We however declare that
Section 3 (2)C, 9, 11 (2)d and 14 of the Anti-Homosexuality Act 2023
violate the right health, privacy and freedom to religion, which rights are
respectively recognised in the universal declaration. This petition substantially
fails with the following orders: Sections 3 (2)C, 9, 11 (2) d and 14 of the
Anti-Homosexuality Act are hereby struck down. Each party bears its own costs.
It's so ordered," she added.
The top court set December 11
to hear four petitions challenging the legality of the Anti-Homosexuality
Law that was enacted in May 2023.
The enactment drew protests
and condemnation from Western capitals including Washington, with many
governments threatening actions. US President Joe Biden went further
and struck off Kampla and three other African countries as beneficiaries
of the African Growth and Opportunity Act (Agoa).
The law was enacted
majorly to protect the children in schools who were being recruited into
homosexuality practices.
The Anti- Homosexuality Act,
2023 prescribes tough penalties for various offences including participating in
promotion, facilitation, and failure to report acts of homosexuality.
Penalties range from death for
aggravated homosexuality to imprisonment not exceeding 20 years.
Ever since the assent to the
anti-gay legislation by President Yoweri Museveni mid-last year, there has
been backlash from the Western countries, with some nations like the US cutting
aid to Uganda.
In June last year, President
Museveni said that the anti-gay law had been misinterpreted.
He clarified that the
Anti-Homosexuality Act 2023 forbids recruitment by homosexuals of non-gay
people into the practice of homosexuality, exhibitionism and promotion of
sexual orientation, and performing homosexual sex on another person.
He also dismissed claims that
the law would inhibit medical care or access for homosexuals, who are likely to
involuntarily go underground, as untrue because no provision prevents a health
worker from treating any person.
The petitioners in petition 14
include MP Fox Odoi, Frank Mugisha, Pepe Onziema, Jackline Kemigisha, Andrew
Mwenda, Kintu Nyango, Jane Nasiimbwa, and Kwizera Linda Mutesi. Vs AG
Petitioners in petition number
15 are; Prof Sylvia Tamale, Andrew Mwenda, Dr Busingye Kabumba, Solome
Nakaweesi, Kasha Jackline Nabagesera, Richard Smith Lusimbo, Eric Ndawura,
Williams Apako and Human Rights Awareness and Promotion Forum VS AG.
Those in petition number 16
are Robert Rutaro, Musiime Alex Martin, Solomon Nabuyanda, and Let's Walk
Uganda Ltd VS AG.
The petitioner in petition
number 85 is; Bishop James Lubega Banda VS AG.
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