Constitutional Court refuses to nullify Anti- Homosexuality Act

By Elizabeth Ankunda

3^rd April 2024

The Constitutional Court has upheld the Anti-Homosexuality Law, dealing a blow to human rights advocates who had wanted it struck from the law books.

The judgment read by Deputy Chief Justice Richard Buteera said that they decline to nullify the anti-homosexuality law in its entirety.

Court said the law generally complies with the Constitution.

It, however, nullified sections 3(2) (c), 9, 11(2) (d) and 14 of the Anti-Homosexuality Act for contravening the Constitution.

In a damning judgment, court said the law in its current form does not hinder freedom of expression, assembly and that some of its sections were important to preserve society’s morals.

Court said evidence on record is the Anti-Homosexuality Act was enacted against the backdrop of the recruitment of children into the practice of homosexuality.

That is the mischief that Section 11 of the Act seeks to address.

Buteera noted that the disqualification of homosexual convicts from employment in child care institutions under Section 12 and 13 of the Act is intended to protect children and vulnerable groups in society.

The petition was brought by human rights activists who said the law contravened fundamental freedom of expression and was a danger to humanity.

The petitioners argued that it contravened Uganda’s commitments under international human rights law, including the United Nations convention against torture.

Parliament last year passed the Anti-Homosexuality Bill 2023 and President Museveni signed it into bill in May 2023.

Upon signing it into law, its implementation took immediate effect.

Like they did in 2014, veteran journalist Andrew Mwenda, Fox Odoi, Prof Sylvia Tamale, Dr Busingye Kabumba, Solome Nakaweesi, Dr Frank Mugisha, Kasha Jackeline Nabagesera, Richard Smith Lusimbo, Eric Ndaula, Williams Apako and the Human Rights Awareness and promotion forum petitioned the constitutional court to overturn the Anti Homosexuality Act 2023.

The controversial petition which was filed by Mwenda and others against the Attorney General as a key respondent on behalf of the government was heard on 18^th December 2023 by five Judges led by the Deputy Chief Justice Richard Buteera, Geofrey Kiryabwire, Muzamiru Kibeesi, Monica Mugenyi and Christopher Gashirabake.