IN a decision that has sparked outcry from human rights advocates worldwide, Uganda’s Constitutional Court has upheld the contentious Anti-Homosexuality Act, reaffirming the country’s stance against LGBTQ rights.
The Anti-Homosexuality Act, which was enacted last May, carries stringent penalties for individuals engaged in same-sex relationships. According to the law, ‘Engaging in acts of homosexuality’ is punishable by life imprisonment. Moreover, the legislation imposes the death penalty for what it terms ‘aggravated homosexuality,’ encompassing sexual relations involving individuals infected with HIV, as well as those with minors and elderly individuals.
The passage of this law elicited widespread international condemnation, prompting actions such as the World Bank suspending new lending to Uganda and the United States imposing visa and travel restrictions on Ugandan officials.
While the Constitutional Court decided to uphold the law, it did strike down several provisions on the grounds that they violated fundamental rights to health and privacy. Despite this partial invalidation, the core of the law remains intact.
Reacting to the court’s decision, Ugandan gay rights activist Frank Mugisha expressed disappointment, asserting that petitioners would challenge the ruling in the Ugandan Supreme Court. He criticised the justices for allegedly being influenced by anti-gay propaganda.
Uganda’s LGBTQ community has faced numerous abuses since the law’s implementation, including eviction, arrest, and physical assaults. The legislation, which builds upon a colonial-era law criminalizing sexual activity “against the order of nature,” has exacerbated discrimination and persecution against sexual minorities in the country.
Furthermore, Uganda’s stance on LGBTQ rights has had ripple effects across Africa, inspiring similar anti-homosexual legislation in other nations where homosexuality is often viewed as a foreign influence.
As the legal battle continues, advocates remain steadfast in their commitment to fighting for the rights and dignity of Uganda’s LGBTQ population amidst ongoing challenges and setbacks.