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Why Constitutional Court Declined to Nullify the Entire Anti Homosexual Act 2023 – UG Standard


KAMPALA- The constitutional Court sitting in Kampala, has declined to nullify the entire Anti Homo sexual Act 2023 as it had been requested by 22 individuals and other human Rights Activists in their consolidated applications for 2023.

Deputy Chief Justice Richard Buteera in one of the Court sessions. (courtesy photo)

The Petitions were opposed by the Attorney General of Uganda, Pastor Martin Sempa, Eng. Stephen Langa and the Family Life Network Limited. Joint United Nations Program on HIV/ AIDS (UNAIDS) were on amicus brief.

The judgement has been delivered on Wednesday morning by a panel of Justices; Richard Buteera; Geofrey Kiryabwire, Monica Mugenyi, Kibeedi Muzamiru and Christopher Gashirabake.

In their unanimous decision, although the justices didn’t nullify the whole Act, they nullified a number of provisions due to several reasons.

“We decline to nullify the Anti Homosexual Act 2023 in its entirety, we however adjudge Sections 3(2)©, 9 which violates the right to health, 11(2)(d) which infringes the right to adequate standard of living enshrined in Article 25 of Universal declaration of Human Rights and the constitution of Uganda.” Ruled court

The nullified Sections had criminalized the letting of premises for use for homosexual purposes, the failure by anyone to report acts of homosexuality to the Police for appropriate action, and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.

However , court declined to nullify Section 112(b) of the Anti-Homosexuality Act because it aligns with Section 31 of the Uganda Communications Act and Section 13 of the Anti-Pornography Act, all of which aim to uphold societal morals by limiting the use of media to publish or broadcast offensive material.

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On the issue of costs, court ordered that each party should bare its costs considering the nature of the petition as well as the outcomes.

The Anti Home sexual Act was passed by the Parliament of Uganda following the public outcry, social and broadcast media discussions and homosexuality victims.

This Act which criminalized homosexuality, its recognition and promotion , became a law on 26th May 2023 after being assented to by President Yoweri Kaguta Museveni.

This was opposed by a number of Human Rights Activists challenging all the seventeen sections of the Anti-Homosexuality Act for their alleged

Contravention of human rights and freedoms that are guaranteed under the Uganda Constitution, and international human rights instruments to which Uganda is a party.

These filed a constitution Petitions on their individual basis which were later consolidated into one.















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