Learn about the impact on LGBTQ+ rights, defiance of international law, continued discrimination and violence, legal challenges, and the way forward. Find out what human rights organisations are calling for and the government’s legal obligation to protect all citizens.
Uganda: Court Upholds Anti-Homosexuality Act
Uganda‘s Constitutional Court recently made a controversial ruling, upholding the provisions of the 2023 Anti-Homosexuality Act. This decision has been widely criticised by human rights organisations, as it further entrenches discrimination against the LGBTQ+ community and puts them at greater risk of violence.
Impact on LGBTQ+ Rights
The court’s ruling maintains the death penalty in certain circumstances and criminalises consensual same-sex conduct, with penalties of up to life imprisonment. It also includes provisions for the death penalty for those convicted of «aggravated homosexuality».
This decision is a blow to the fundamental rights of all Ugandans, including LGBTQ+ individuals and their families. It perpetuates the stigma and discrimination that the Anti-Homosexuality Act enshrined into law.
Defiance of International Law
One of the most concerning aspects of this ruling is that it defies international law. The judges ruled that the Act does not violate fundamental rights to equality and nondiscrimination, privacy, freedom of expression, or the right to work for LGBTQ+ people.
Furthermore, the judges concluded that the law had been passed based on the sentiments of the Ugandan people’s parliamentary representatives. They dismissed claims of negative financial implications, lack of public participation, and breaches in parliamentary rules of procedures.
Continued Discrimination and Violence
Even before the introduction of the 2023 Act, LGBTQ+ Ugandans faced frequent discrimination, harassment, and physical attacks. The government has banned LGBTQ+ organisations and made baseless accusations of «promoting homosexuality» and «forced recruitment».
Since the law came into force, there has been an increase in attacks and discrimination against LGBTQ+ individuals. These include beatings, sexual and psychological violence, evictions, blackmail, loss of employment, online harassment, and denial of healthcare based on perceived or real sexual orientation or gender identity.
Legal Challenges and the Way Forward
In December 2023, Ugandan activists began legal proceedings to challenge the constitutionality of the law. They argue that it violates fundamental rights guaranteed in Uganda’s constitution and international human rights law.
Human rights organisations are calling for the repeal of all discriminatory laws and provisions, including the Anti-Homosexuality Act. They also urge the authorities to end the harassment and restrictions on LGBTQ+ rights groups, investigate abuses against these groups and LGBTQ+ individuals, and ban forced anal examinations.
The government of Uganda has a legal obligation to protect all its citizens, including LGBTQ+ people, from violence and discrimination. It is crucial that they take immediate steps to create an environment that prevents discrimination and condemns violence against all minorities.
Our source : hrw.org
