Constitutional court upholds anti-homosexuality law
Written by URN
The
Constitutional Court in Kampala has declined to dismiss the
Anti-Homosexuality Act, stating that it was primarily enacted to protect
children and vulnerable individuals in society.
This
decision is outlined in the over 200-page unanimous judgment of the five
justices of the court, led by deputy chief justice Richard
Buteera. They addressed 13 out of the 14 issues framed for
determination, answering them in the negative, except concerns regarding
the impact of the act on the right to privacy, adequate living
conditions, and the right to health for LGBTQ individuals.
The
petitioners, including West Budama MP Fox Odoi, human rights advocate
Nicholas Opiyo, Makerere University law professors Sylvia Tamale and Dr
Kabumba Businye, veteran journalist Andrew Mwenda, and USAID, argued
that certain sections of the anti-homosexuality law violated human
dignity, freedoms of association and expression, and the right to engage
in lawful trade and business.
However, in their judgment
today, the justices noted that the court has the responsibility to
exercise its duties while considering the cultural and societal norms of
the people. They emphasized that any language, literature, or practice
contrary to societal aspirations cannot be endorsed. Court dismissed the
petitioners' evidence suggesting that parliamentary procedures were
violated at both the committee and speaker levels.
Additionally,
they ruled against the petitioners' claims that the law infringed upon
the rights to discrimination, equality, freedom of association and
expression, and the right to engage in lawful professions, businesses,
or trades, asserting that homosexuality does not constitute such
activities.
Furthermore,
the court highlighted the risks associated with anal sex, citing
physical harm and the disease burden it imposes on the government,
particularly concerning the prevalence of HIV among males engaging in
same-sex activities.
Court nullified sections 3(2)(c), 9,
11(2)(d), and 14 of the Anti-Homosexuality Act, which criminalized
various aspects of homosexuality, including letting premises for
homosexual purposes, failure to report acts of homosexuality to the
police, and engagement in acts of homosexuality resulting in the
contraction of terminal illnesses. The affected sections were deemed to
violate the rights to privacy, adequate living conditions, and health
for LGBTQ individuals.
The petitioners, represented by their
lawyers led by Nicholas Opiyo, expressed satisfaction with this relief
and stated their intention to escalate the matter to the Supreme court.
In a press statement issued shortly after the court proceeding, the
judiciary public relations officer, justice James. J. M Ereemye
explained that the court's decision was based on several factors,
including legislative and judicial precedents from other jurisdictions,
lack of global consensus on non-discrimination based on sexual
orientation and gender identity, and Uganda's unique socio-cultural
context.
The petitioners, including West Budama MP Fox Odoi, human rights advocate Nicholas Opiyo, Makerere University law professors Sylvia Tamale and Dr Kabumba Businye, veteran journalist Andrew Mwenda, and USAID, argued that certain sections of the anti-homosexuality law violated human dignity, freedoms of association and expression, and the right to engage in lawful trade and business.
However, in their judgment today, the justices noted that the court has the responsibility to exercise its duties while considering the cultural and societal norms of the people. They emphasized that any language, literature, or practice contrary to societal aspirations cannot be endorsed. Court dismissed the petitioners' evidence suggesting that parliamentary procedures were violated at both the committee and speaker levels.
Additionally, they ruled against the petitioners' claims that the law infringed upon the rights to discrimination, equality, freedom of association and expression, and the right to engage in lawful professions, businesses, or trades, asserting that homosexuality does not constitute such activities.
Court nullified sections 3(2)(c), 9, 11(2)(d), and 14 of the Anti-Homosexuality Act, which criminalized various aspects of homosexuality, including letting premises for homosexual purposes, failure to report acts of homosexuality to the police, and engagement in acts of homosexuality resulting in the contraction of terminal illnesses. The affected sections were deemed to violate the rights to privacy, adequate living conditions, and health for LGBTQ individuals.
The petitioners, represented by their lawyers led by Nicholas Opiyo, expressed satisfaction with this relief and stated their intention to escalate the matter to the Supreme court. In a press statement issued shortly after the court proceeding, the judiciary public relations officer, justice James. J. M Ereemye explained that the court's decision was based on several factors, including legislative and judicial precedents from other jurisdictions, lack of global consensus on non-discrimination based on sexual orientation and gender identity, and Uganda's unique socio-cultural context.
