Uganda Court Upholds Anti-LGBTQ Law, Strikes Down Some Parts

April 4, 2024

    Uganda’s Constitutional Court Modifies Anti-LGBTQ Law

    In a recent development, Uganda’s constitutional court has made a significant ruling on the controversial anti-LGBTQ law that was adopted in May of the previous year. The court, led by Judge Richard Buteera, announced its decision to uphold the law but invalidated specific sections deemed to infringe upon fundamental human rights.

    The law, recognized as one of the harshest globally, has been the subject of intense international scrutiny and criticism. It prescribes severe penalties, including life imprisonment and even the death penalty for “aggravated homosexuality.” Despite the outcry from human rights advocates and punitive actions from countries like the United States, the court declined to overturn the law entirely or halt its enforcement.

    However, the court did strike down provisions that violated the right to health, privacy, and freedom of religion. Notably, it removed clauses that criminalized the renting of premises for homosexual acts and the mandatory reporting of such acts by citizens, which the court found to be an overreach into individual rights.

    Edward Ssemambo, a human rights lawyer representing those challenging the law, confirmed that the government is now required to excise these invalidated sections from the legislation. The petitioners, including lawmaker Frank Mugisha, a leading LGBTQ activist in Uganda, expressed disappointment with the ruling and intend to appeal to the Supreme Court.

    The international community has reacted with caution to the court’s decision. The White House, through spokeswoman Karine Jean-Pierre, acknowledged the ruling as a minor step towards protecting human rights but emphasized deep concerns over the remaining provisions. Similarly, the United Nations High Commissioner for Human Rights, Volker Türk, highlighted the urgent need for complete repeal, citing numerous human rights violations since the law’s enactment.

    This ruling comes amidst a broader anti-gay movement across Africa, with countries like Ghana recently intensifying legal restrictions against LGBTQ individuals. The global community continues to watch closely as these nations grapple with human rights issues amidst cultural and legislative challenges.

    Ugandas court annulled the anti-LGBTQ law, deeming it invalid due to the lack of quorum in parliament during its passage.

    Can Ugandas court reconcile anti-LGBTQ laws with human rights?

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