Ugandan court decision on homosexuality paves way for tougher laws

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Uganda’s constitutional court has made a ruling which will allow the country’s tough new legislation to become law.

Human Rights Watch say the decision will further entrench discrimination against lesbian, gay, bisexual, and transgender (LGBT) people, and makes them prone to more violence.

The court did find some elements of the proposed laws violated people’s rights including sections which would have prevented people from seeking health care, criminalised renting property to LGBT people, and required suspicion of homosexuality to be reported to authorities.

“In upholding most provisions of the Anti-Homosexuality Act, including the death penalty in certain circumstances, Uganda’s Constitutional Court has come down on the side of hate, violence, and discrimination instead of standing up for fundamental rights for all,” said Larissa Kojoué, researcher at Human Rights Watch.

“The ruling will have a detrimental impact on all Ugandans, including LGBT people, families, and communities who continue to suffer the stigma that the Anti-Homosexuality Act enshrined into law.” 

Rights advocates say the news laws ignore established international law that protects people’s human rights.

The decision has also been criticised by the International AIDS Society (IAS).

“The court had the opportunity to set matters right, but it has failed to follow the science and heed evidence,” IAS President Sharon Lewin said earlier this week.

“The ruling is completely at odds with Uganda’s stated commitment to ending HIV as a threat to public health by 2030. The consequences for the HIV response, not just in Uganda, but in other African countries grappling with anti-gay sentiment, are severe.”