Uganda: Constitutional Court rejects appeal against controversial anti-LGBT+ law
In Uganda, the Constitutional Court rejected an appeal against the “
anti-homosexuality
” law, promulgated in May 2023, which outraged the UN and human rights organizations.
The presiding judge of the Ugandan Constitutional Court, Richard Buteera, delivers the judgment rejecting the appeal filed against the anti-LGBT+ law, in Kampala, April 3, 2024. © BADRU KATUMBA / AFP
By: RFI with AFP
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Called “
anti-homosexuality law 2023
”, the text provides for heavy penalties for people having homosexual relations and “promoting
”
homosexuality. An offense
of “aggravated homosexuality
” is even punishable
by the death penalty,
a sentence which has, however, not been applied for years in
Uganda
.
The appeal, filed by human rights activists, law professors and two MPs from the majority party, "
essentially called for the annulment of the entire
anti-homosexuality law of 2023
", said Judge Richard Buteera. But ultimately, “
after having ruled, (...) we refuse to annul the anti-homosexuality law in its entirety and will not grant a permanent injunction against its execution either
,” he assured in his report. judgment, Wednesday April 3.
The five judges ruled, however, that certain sections of the law violate the right to health and the right to an adequate standard of living, as enshrined in the United Nations Universal Declaration of Human Rights. However, “
the result of our judgment is that this request essentially fails
,” insisted Richard Buteera.
A “
disappointment
” for the plaintiffs
These reservations did not in fact prevent them from rejecting the arguments of the complainants, who consider that this text violates fundamental rights, normally guaranteed by the Ugandan Constitution. In their appeal, they also denounced irregularities at the time of the adoption of the law, which was not the subject of a popular consultation, although obligatory in this type of case.
While the plaintiffs' lawyer, Me Nicholas Opiyo, denounces a "
summary
" judgment and
expresses his "
disappointment
"
, the deputies of the majority party who supported this appeal admitted that this decision was "
expected
", even if they still consider that this law is “
bad for the country and should have been repealed a long time ago
”.
The court delivered the summary judgment, declining to nullify Uganda's anti-homosexuality law. We disagree with the findings but look forward to receiving their detailed reasoning and consulting on our next steps.
To base a decision on public sentiments, purported cultural… pic.twitter.com/88lRkYU8Oh
— Nicholas Opiyo (Pronouns He/Him) (@nickopiyo) April 3, 2024
The Speaker of Parliament, Anita Among, for her part, hailed to AFP a “
great success for Uganda
”. “
This decision proves that all branches of government, parliament, executive and judiciary, have a common goal: to protect Uganda from negative foreign influence.
»
Foreign sanctions
The United States, the European Union and UN Secretary Antonio Guterres already called for its repeal last year, warning that foreign aid and investment in Uganda could be harmed if it were upheld. Last August, the World Bank announced in particular that it was suspending its loans to Uganda, because of this legislation “
fundamentally contrary
” to its values.
The United States, for its part, withdrew Uganda from AGOA, the African Growth and Opportunity Act – a major trade agreement – and announced that it
would no longer grant visas
to Ugandan officials who apply this controversial text.
Read alsoIn Uganda, the hidden life of the LGBT community
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