By Matuba Mahlatjie From Outright International

New York, USA- 03 April 2024 – Outright International strongly condemns the decision by Uganda’s Constitutional Court to invalidate only a few provisions of the Anti-Homosexuality Act, 2023, while leaving the rest intact. The Court categorically declined to nullify the Act in its entirety or issue a permanent injunction. This decision falls short of the necessary action to protect the rights and lives of LGBTQ individuals in Uganda.

The court’s decision comes after the petitioners, including individuals and human rights organizations, argued that the law was enacted without sufficient public involvement and violated constitutional rights and freedoms. The limited ruling finds unconstitutional sections of the law that criminalize 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 eliminates the duty to report (section 14), which turned everyone in Uganda into an arm of the police. The ruling does 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 organizations that “normalize” sexual and gender diversity, and the ban on funding such organizations, a deeply disheartening outcome for the petitioners and all LGBTQ people and their allies in Uganda.

“LGBTQ people in Uganda deserve full protection and equal rights under the law, and the partial invalidation of the law is not enough,” said Outright International Executive Director Maria Sjödin. “The Constitutional Court’s ruling, which relegates queer people to second-class citizenship, must not be the last word. It is now incumbent upon Uganda’s parliament to repeal this law. The authorities must  engage in a meaningful dialogue with LGBTQ organizations and activists and work towards creating an inclusive society that respects and upholds the rights of all people in Uganda.”

The Anti-Homosexuality Act has already resulted in tremendous harm to LGBTQ people. A series of reports issued by Uganda’s Human Rights Awareness and Promotion Forum (HRAPF) have demonstrated that the Anti-Homosexuality Act has led to a significant increase in human rights violations against LGBTQ persons in Uganda. Overall, HRAPF documented 875 cases involving human rights violations against LGBTQ persons in 2023, affecting 949 individuals, compared to 599 cases affecting 733 individuals in 2022–a clear testament to the harm already 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 maintain and explore deepening sanctions against Ugandan officials and institutions that are complicit in the violation of rights. These include visa bans, redirection of US government PEPFAR funds from government recipients to NGOs, and a continued revocation of AGOA status.

Outright International commends the strong actions taken by institutions such as the World Bank, which in August 2023 suspended future loans to Uganda. The Bank heeded a call from  Ugandan advocates, as well as 170 civil society organizations, 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.