Uganda Court rejects appeal against the LGBTQ+ hate law

5 April 2024. Related: Special reports, Treatment access.

Simon Collins, HIV i-Base

On 3 April 2024, the Uganda Constitutional Court rejected the overall appeals against the Anti-Homosexuality Act (AHA) passed in May 2023. [1, 2]

The Court did however recognise in the 202-page decision that sections of the Act were incompatible with universally recognised human rights, including the right to health. It also recognised procedural flaws in the legislation, including bias in the proponents of the AHA.

This decision shows the function of the Ugandan courts to be highly flawed and the decision is being challenged in a further appeal.

The legislation last year was also set against homophobic campaigns in the general population and media, instigated and funded by US-based right-wing religious fundamentalists to establish hatred towards LGBTQ+ citizens. Both the law and the accompanying campaigns increased assaults on LGBTQ+ citizens, with many trying to leave the country.

Many of these issues were highlighted in the opening talks at CROI 2024, including by Ugandan activist Frank Mugisha who is one of the petitioners in the appeal. [3]

In a response from Convening for Equality, Mugisha said: “This ruling is wrong and deplorable. Uganda’s Constitution protects all of its people, equally. We continue to call for this law to be repealed. We are calling on all governments, UN partners, and multilateral institutions such as the World Bank and the Global Fund to likewise intensify their demand that this law be struck down because it is discriminatory. This ruling should result in further restrictions to donor funding for Uganda–no donor should be funding anti-LGBTQ+ hate and human rights violations.” [4]

International responses to the court decision are included below.