The Anti-Homosexuality Act, which went into effect in May, is now being contested in court by Ugandan human rights activists, journalists, spiritual figures, scientists, and attorneys. The case, which is currently in its last preliminary stage, will immediately go to trial.
One of the strictest anti-LGBT laws in the world, the Anti-Homosexuality Act carries the death penalty for” serial offenders” and those who engage in same-sex activities with a baby, an elderly person, or someone who is disabled, among other things, for the crime of “aggravated lgbt.” The legislation also makes the ambiguously phrased “promotion of homosexuality” illegal. This means that someone defending the rights of LGBT individuals, including staff of human rights organizations or those giving organizations that do so fiscal support, is now subject to a 20-year prison sentence.
The petitioners who are challenging the law make a valid case that it violates fundamental constitutional protections like the right to privacy, freedom of expression, consciousness, and conviction as well as freedom from discrimination. They also make the valid argument that the Anti-Homosexuality Act violates Uganda’s obligations under international human rights law, including those outlined in the Protocol to the American Charter on Human and Citizens ‘ Right on the Rights of Women in Africa, the Convention on Torture, and other agreements.
Local parties have reported an increase in anti-LGBT bias since the rules was introduced as a bill in parliament in March. According to the Strategic Response Team, a group of Ugandan LGBT rights organizations, Gay people have been subjected to “intensified violence and discrimination,” which includes beatings, physical and emotional abuse, expulsion, blackmail, job loss, and access to healthcare based on their perceived or actual sexual orientation.
The 2013 Anti-Homosexuality Act was declared hole by Uganda’s Constitutional Court in August 2014 on procedural grounds. However, Ugandan authorities have yet to rule that a laws is “discriminatory” based on sexual orientation, gender identity, or other factors. But, laws prohibiting sexual same-sex behavior on the basis of human rights have been repealed in other American nations, including South Africa, Angola, Botswan, and Mauritius.
When the court hears this concern to the Anti-Homosexuality Act, upholding the basic rights of all Ugandans should be at the forefront, taking into account both Uganda’s domestic and international human rights obligations as well as these significant regional rulings.
