The Constitutional Court has declined to nullify the Anti-Homosexuality Act 2023.
This follows a petition filed in the Constitutional court after Uganda’s parliament in …. overwhelming passed the controversial legislation amid threats from donors to withdraw aid and other sanctions. The Anti-homosexuality bill was later signed into law by the county’s president despite wide condemnation of the law from civil rights groups abroad and a petition in court over the matter.
“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety neither would we grant a permanent injunction against its enforcement.” – Justice Richard Buteera, read the ruling today.
The new law prescribes the death penalty for “aggravated homosexuality,” which is defined as cases of sexual relations involving people infected with HIV, as well as with minors and other categories of vulnerable people.
The version of the bill signed by President Yoweri Museveni doesn’t criminalize those who identify as LGBTQ+, a key concern for some rights campaigners who condemned an earlier draft of the legislation as an egregious attack on human rights.
A suspect convicted of “attempted aggravated homosexuality” can be imprisoned for up to 14 years, according to the legislation.
The judges claimed the AHA was made to stop recruitment of kids into homosexuality. The defense did not present any evidence of recruitment . Govt has ISO, CMI, Crime Intelligence, CIID etc. Not one person has ever been arrested for recruitment by these agencies.
“I am disappointed by our justices for failing to stand above our cultural prejudice and bigotry and make history for Africa and for humanity. Instead, like the politicians, they relied on public sentiments and rumors, instead of the constitution, to make their judgment. We are now done with the constitutional court where we secured a small partial victory but a victory nonetheless. The court struck down a few provisions of the AHA but left most of law intact. This is very disappointing and we are going to appeal to the Supreme Court!” Andrew Mwenda one of the petitioners said after the ruling.
