Summary:

• Uganda’s Supreme Court faces a pivotal decision on the Anti Homosexuality Act 2023 after the Constitutional Court declined to fully annul it. Petitioners vow to contest key issues. International scrutiny mounts, emphasizing human rights concerns.

In a recent development, Uganda’s Supreme Court finds itself at the epicenter of a contentious legal battle as petitioners anticipate a decisive ruling on the fate of the Anti Homosexuality Act 2023. The Constitutional Court in Kampala, while declining to completely annul the law, has acknowledged violations of fundamental human rights within certain sections, notably access to healthcare.

A coalition comprising 22 private citizens and rights activists took the matter to the Constitutional Court, contending that various provisions of the Act transgress constitutional and international human rights norms. Nicholas Opiyo, a prominent Ugandan human rights lawyer involved in the petition, expressed dissent over the court’s decision not to nullify the law entirely, revealing plans to contest 13 out of the 14 issues raised at the apex court.

In a ruling delivered by a panel of five judges, Deputy Chief Justice Richard Buteera asserted the Act’s alignment with the Ugandan Constitution, opting against a blanket annulment or issuance of a permanent injunction against its enforcement. Notably, certain provisions criminalizing actions such as renting property to homosexuals or failing to report homosexual acts have been struck down.

Nevertheless, the ruling has not quelled pressure from human rights advocates and Uganda’s major donors, who advocate for a review of the legislation. The European Union reiterated its commitment to engaging with Ugandan authorities and civil society to safeguard the rights and dignity of all citizens irrespective of sexual orientation or gender identity. Similarly, US Secretary of State Antony Blinken condemned the verdict, citing its adverse implications for human rights and public health, particularly for LGBTQI+ individuals in Uganda.

This legal saga harks back to a similar episode in 2014 when the Constitutional Court overturned an earlier anti-homosexuality law, citing procedural irregularities in its enactment. Despite subsequent attempts to revive the legislation, it resurfaced last year amid domestic political dynamics and international scrutiny.

As the legal tussle escalates, the Supreme Court holds the key to determining the future trajectory of LGBTQI+ rights in Uganda, against a backdrop of conflicting domestic and international pressures.