Rédaction Africa Links 24 with Uganda Monitor
Published on 2024-04-03 09:00:54
The Constitutional Court in Uganda has made a significant decision regarding the Anti-Homosexuality Act, 2023. The court has largely upheld the controversial Act, stating that it aligns with the values and Constitution of the country. However, certain sections of the Act have been deemed unconstitutional, including Sections 3 (2) C, 9, 11 (2) d, and 14, as they violate the rights of homosexuals to health, privacy, and freedom of religion.
In a ruling delivered by Deputy Chief Justice Richard Buteera on behalf of a panel of five justices, it was stated that while the identified sections of the Act are unconstitutional, the court has decided not to nullify the entire Act or issue a permanent injunction against its enforcement. The court declared that the sections in question violate rights that are recognized in the universal declaration, and therefore, they are struck down. Each party involved in the case will bear its own costs.
The Anti-Homosexuality Act, 2023 was primarily enacted to protect schoolchildren from being recruited into homosexual practices. The Act imposes severe penalties for various offenses related to homosexuality, ranging from imprisonment to death for aggravated homosexuality.
President Museveni clarified that the Anti-Homosexuality Act, 2023 aims to prevent recruitment by homosexuals, exhibitionism, promotion of sexual orientation, and engaging in homosexual acts with another person. He also emphasized that the law does not hinder medical care for homosexuals, as health workers are not prohibited from treating any person.
Speaker of Parliament Anita Among faced attacks from individuals identified as homosexuals for opposing the practice in the country. The petitioners in various petitions challenging the Act include MPs, activists, and organizations advocating for human rights.
Overall, the Constitutional Court’s decision regarding the Anti-Homosexuality Act, 2023 reflects a balance between upholding the law while also recognizing and protecting the rights of individuals. The ruling highlights the complex and sensitive nature of legislation related to LGBTQ rights and the ongoing debates surrounding these issues in Uganda.
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