Uganda’s Constitutional Court has invalidated four sections of the Anti-Homosexuality Act of 2023, ruling that they violate the country’s constitution. The judgment, delivered by a panel of five judges on Wednesday, cited Sections 3(2)(c), 9, 11(2)(d), and 14 as being in contravention of Uganda’s Constitution, which was enacted in 1995.
These nullified sections of the Act had criminalized various aspects related to homosexuality, including the letting of premises for homosexual activities, the failure to report homosexual acts to the police, and engaging in homosexual acts that lead to others contracting a terminal illness. The decision came in response to four petitions challenging the Act, which was passed into law on May 26, 2023, by President Yoweri Museveni.
The petitions, filed by 22 private citizens and human rights activists, argued that the Act violated human rights and freedoms guaranteed by both Uganda’s constitution and international human rights treaties. However, the petitions faced opposition from four entities, including the Attorney General and the Family Life Network Limited.
In addition to the arguments presented by the petitioners and respondents, the Court also considered an amicus brief filed by the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS) during its deliberations.
The panel of judges, in their determination, examined legislation and judicial decisions from other jurisdictions that have decriminalized consensual homosexuality in private spaces. They also noted the lack of consensus globally on non-discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).
The Court’s statement highlighted the conflict within international human rights law regarding the balance between upholding universal human rights and respecting diverse cultural norms. Additionally, the judges took into account Uganda’s socio-cultural context, as enshrined in its Constitution, which requires courts to consider societal norms and values when adjudicating disputes.
Despite upholding the constitutionality of the Anti-Homosexuality Act in general, the Court invalidated the four specified provisions. Justices Richard Buteera, Geofrey Kiryabwire, Monica Mugenyi, Kibeedi Muzamiru, and Christopher Gashirabake were part of the panel that issued the verdict.
