GENEVA/JOHANNESBURG — On Wednesday, the Constitutional Court of Uganda delivered its decision in the Consolidated Petitions – declaring that the Anti Homosexuality Act of 2023 complies with the Constitution of Uganda except in only four aspects.
The decision was delivered by a panel of five Justices led by the Deputy Chief Justice, Hon. Justice Richard Buteera; Justice Geofrey Kiryabwire, Justice Monica Mugenyi, Justice Kibeedi Muzamiru, Justice Christopher Gashirabake.
Commenting on the development, Anne Githuku-Shongwe, UNAIDS Regional Director for Eastern and Southern Africa said, “The Constitutional Court of Uganda made a judgment today to strike down certain sections of the Anti-Homosexuality Act, 2023. Evidence shows that criminalizing populations most at risk of HIV, such as the LGBTQ+ communities, obstructs access to life-saving health and HIV services, which undermines public health and the overall HIV response in the country.
To achieve the goal of ending the AIDS pandemic by 2030, it is vital to ensure that everyone has equal access to health services without fear.”
However, the Court nullified Sections 3(2)(c), 9, 11(2)(d) and 14 of the Anti-Homosexuality Act, 2023 for contravening the Constitution of Uganda, 1995.
The nullified Sections had criminalised the letting of premises for use for homosexual purposes, the failure by anyone to report acts of homosexuality to the Police for appropriate action, and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.
The Act was challenged by Hon. Fox Oywelowo Odoi, Prof. Sylvia Tamale, Veteran Journalist, Andrew Mwenda, Advocate Rutaro Robert, Bishop James Lubega Banda, among many others.