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The Anti-Homosexuality Act 2023 provides for a punishment of up to life imprisonment for consensual homosexual relations, and possible death in 'aggravated homosexuality' cases.
Uganda's Constitutional Court has rejected a petition seeking to repeal an anti-gay law that has been internationally condemned as one of the world's harshest.
The court on Wednesday found that some sections of the law violate the right to health and is “inconsistent with the right to health, privacy and religious freedom”, but it did not block or suspend the law.
“We refuse to strike down the Anti-Homosexuality Act 2023 in its entirety, nor will we grant a permanent injunction against its enforcement,” Justice Richard Butira, Uganda's deputy chief justice and head of the court, said in the landmark ruling.
According to Ugandan television station NTV, the five-member court made a unanimous decision to dismiss the petition against the law, which enjoys wide popular support in the country.
The law was adopted in May, sparking outrage from the LGBTQ community, rights campaigners, the United Nations and Western countries.
The Anti-Homosexuality Act 2023 imposes penalties of up to life imprisonment for consensual homosexual relations and contains provisions that make “aggravated homosexuality” a death punishable offence.
The government of President Yoweri Museveni has adopted a conciliatory tone with officials accusing the West of trying to pressure Africa to accept homosexuality.
The Constitutional Court docket in Kampala started listening to the case in December.
The petition was introduced by two regulation professors from Makerere College in Kampala, ruling occasion legislators and human rights activists.
He mentioned the regulation violates elementary rights assured by the Ugandan Structure, together with the correct to freedom from discrimination and the correct to privateness.
The petitioners additionally mentioned it was a violation of Uganda's commitments beneath worldwide human rights regulation, together with the United Nations Conference towards Torture.
The West is attempting to 'power us'
A 20-year-old man turned the primary particular person in Uganda to be charged with “aggravated homosexuality” beneath the regulation in August.
He was charged with having illegal sexual activity with “…(a) male grownup beneath the age of 41”, against the law punishable by demise.
Uganda, a conservative and predominantly Christian nation in East Africa, is understood for its intolerance of homosexuality.
It has resisted strain from rights organizations, the United Nations, and overseas governments to repeal the regulation.
In August, the World Financial institution introduced that it was suspending new loans to Uganda because of this regulation as a result of it “essentially contradicts” the values adopted by the worldwide establishment.
In December, Uganda's Minister of State for International Affairs Henry Okello Oryem accused the West of attempting to “power us to simply accept gay relationships utilizing help and loans”.
In 2014, worldwide donors lower help to Uganda after Museveni accredited a invoice making life imprisonment for gay relations, which was later overturned.