Court dismisses petition against Anti-Homosexuality Act.

By our Reporter

Kampala - Wednesday April 3rd, the constitutional court in Kampala dismissed the controversial petition seeking nullification of the Anti-Homosexuality Act 2023 which happen to be one of the toughest laws in the world.

While as the court acknowledged the violation of individual rights by the act which requires members of the public to report every suspicious act of homosexuality, the court decisively supported the law.

" We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement."

The president of Uganda signed the bill into law on May 26th, 2023, which prompted several human rights activists lodge four petitions in the constitutional court demanding for the suspension of the law accusing the act of threatening human rights.

The decision delivered by a panel of five justices led by the deputy chief Justice, Richard Buteera nullified Sections 3(2)(c), 9, 11(2)(d) and 14 of the Anti-Homosexuality Act, 2023 for contravening the 1995 Constitution of Uganda.

The nullified Sections had criminalized the providing of premises for use of homosexual purposes, the failure by anyone to report acts of homosexuality to the Police for appropriate action, and the engagement in acts of homosexuality.

The decision justices; Richard Buteera; Justice Geofrey Kiryabwire, Monica Mugenyi, Kibeedi Muzamiru, Christopher Gashirabak upheld the Anti-Homosexuality Act and the four provisions already mentioned above.

Court considered five aspects in its decision, and these among others include.

The legislations and judicial decisions from sister jurisdictions that have decriminalized consensual homosexuality between adults in private space, the absence of consensus at the global level regarding non-discrimination based sexual orientation, gender identity, gender expression and sex characteristics.
The conflict in international human rights law between upholding a universal understanding of human rights and respecting the diversity and freedom of human cultures, with no culture entirely recognizing homosexuality's, among others.

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