Uganda: New Court Bid to Overturn Draconian Anti-Homosexuality Act

Activists in Uganda have formally appealed the Constitutional Court’s April ruling that found the country’s Anti-Homosexuality Act to be constitutionally valid.

“Today, we have filed an appeal in the Supreme Court of Uganda to overturn the Constitutional Court decision that upheld the Uganda Anti-Homosexuality Law,” tweeted leading Ugandan LGBTQ+ activist Dr Frank Mugisha on Thursday.

Human rights lawyer Dr Adrian Jjuuko said the joint submission by several activists and organisations “brings to an end months of preparation of this lengthy record of appeal,” noting that “now the ball is back in the court’s court!”

Let’s Walk Uganda, one of the petitioners, asserted that the “Anti-Homosexuality Act has had detrimental effects on the LGBTQ+ community in Uganda, perpetuating discrimination, violence, and marginalisation.

“This oppressive legislation not only violates the fundamental rights and freedoms of LGBTQ+ individuals but also fosters a culture of fear and intolerance that undermines the fabric of our society.”

The group said that challenging the law in the Supreme Court “is a critical step towards safeguarding the rights and dignity of all Ugandans,” adding that “this discriminatory law has no place in a modern, inclusive society and must be repealed to ensure a more equitable and just future for everyone.”

Let’s Walk Uganda revealed that since the law was enacted in May 2023, it has provided emergency services to over 600 LGBTQ+ people, “clearly signalling how negatively this Act has impacted the lives of LGBTQ+ people in Uganda.”

In its April ruling on the law, the Constitutional Court declared that the Anti-Homosexuality Act complies with the Constitution of Uganda except in only several provisions.

The court nullified the sections that criminalised the renting of premises for use “for homosexual purposes,” the failure by anyone to report acts of homosexuality to the police, and the engagement in acts of homosexuality by anyone which results in the other person contracting a terminal illness.

Despite these changes, the law continues to impose life imprisonment for engaging in homosexual acts and the death penalty for “aggravated” homosexuality.

It also outlaws the “promotion of homosexuality,” putting human rights defenders advocating for LGBTQ+ rights at risk of imprisonment for up to 20 years.

Human Rights Watch has described the Anti-Homosexuality Act as “one of the world’s harshest anti-LGBT laws.”