Uganda Court Ruling Fails to Protect LGBTQ Rights
Despite partial invalidation, provisions such as the death penalty and restrictions on freedom of expression remain. OutRight International calls for full protection and equal rights, urging Uganda's parliament to repeal the law.
Uganda Court Ruling Fails to Stem Persecution of LGBTQ People
The recent decision by Uganda’s Constitutional Court to invalidate only a few provisions of the Anti-Homosexuality Act, 2023, while leaving the rest intact, has been strongly condemned by OutRight International. The court’s ruling falls short of the necessary action to protect the rights and lives of LGBTQ individuals in Uganda. Despite arguments from petitioners, including individuals and human rights organisations, that the law was enacted without sufficient public involvement and violated constitutional rights and freedoms, the court declined to nullify the act in its entirety or issue a permanent injunction.
Partial Invalidation of the Law
The limited ruling found unconstitutional sections of the law that criminalise the owner of premises being used for the purposes of homosexuality or anyone who knowingly allows the use of such premises (sections 9 and 11(2)(d)). It also eliminated the duty to report (section 14), which turned everyone in Uganda into an arm of the police. However, the ruling did not address other provisions, including the death penalty for some consensual same-sex acts, the prohibition on freedom of expression related to the rights of LGBTQ persons, the ban on human rights organisations that «normalise» sexual and gender diversity, and the ban on funding such organisations. This outcome is deeply disheartening for the petitioners and all LGBTQ people and their allies in Uganda.
Call for Full Protection and Equal Rights
OutRight International’s Executive Director, Maria Sjödin, emphasises that LGBTQ people in Uganda deserve full protection and equal rights under the law, and that the partial invalidation of the law is not enough. She urges Uganda’s parliament to repeal this law and calls for meaningful dialogue with LGBTQ organisations and activists to work towards creating an inclusive society that respects and upholds the rights of all people in Uganda.
Harm Caused by the Anti-Homosexuality Act
The Anti-Homosexuality Act has already resulted in tremendous harm to LGBTQ people in Uganda. Reports from Uganda’s Human Rights Awareness and Promotion Forum (HRAPF) have shown a significant increase in human rights violations against LGBTQ individuals since the enactment of the law. In 2023, HRAPF documented 875 cases involving human rights violations against LGBTQ persons, affecting 949 individuals, compared to 599 cases affecting 733 individuals in 2022. These numbers clearly demonstrate the harm caused by the law.
While the law remains in effect, OutRight International urges the Ugandan government to take immediate steps to ensure the safety and well-being of LGBTQ individuals in the country. The international community should also maintain and explore deepening sanctions against Ugandan officials and institutions complicit in the violation of rights. These sanctions could include visa bans, redirection of US government PEPFAR funds from government recipients to NGOs, and a continued revocation of AGOA status.
Commendable Actions and Continued Support
OutRight International commends the strong actions taken by institutions such as the World Bank, which suspended future loans to Uganda in August 2023. The World Bank responded to a call from Ugandan advocates and 170 civil society organisations to take action based on the fact that the bank’s environmental and social framework prohibits it from supporting programs that discriminate against vulnerable groups. International stakeholders should continue to work in concert with Ugandan LGBTQ activists to ensure that international funding and other support to Uganda do not contribute to discrimination and persecution of queer Ugandans.