Equality Caucus on Ugandan Court Failing to Overturn Anti-Homosexuality Act
WASHINGTON, DC — Today, the Congressional Equality Caucus released the following statement after the Ugandan Constitutional Court ruled that the Anti-Homosexuality Act of 2023, a law that further criminalizes LGBTQI+ people, including by imposing the death penalty in some circumstances, is constitutional:
“Uganda’s Constitutional Court failed to protect the human rights of the LGBTQI+ community today,” said Rep. Mark Pocan (WI-02), Chair of the Congressional Equality Caucus. “The Equality Caucus stands with queer Ugandans against this evil, draconian law. Business cannot continue as usual while LGBTQI+ Ugandans and allies live in fear of being persecuted by their government because of who they are or because they dare to stand up for equality.”
BACKGROUND ON UGANDA’S ANTI-HOMOSEXUALITY ACT
In March of 2023, the Uganda Parliament passed the Anti-Homosexuality Act of 2023 (AHA) to further criminalize LGBTQI+ people, including by criminalizing advocating for LGBTQI+ rights and imposing the death penalty for LGBTQI+ people in certain situations. It was signed into law by President Museveni in May, and the Constitutional Court began hearing a challenge to the law in December.
From January 2023 to August 2023, there have been at least 180 reported cases of evictions, displacement, or banishments targeting LGBTQI+ people, more than 175 reported cases of torture, abuse, and degrading treatment against LGBTQI+ people, and more than 155 reported cases of violations and abuses of the right to equality and freedom from discrimination of LGBTQI+ people. This also includes more than 18 instances of the police conducting forced anal exams and an increase in violence, evictions, and torture by non-state actors. In January 224, one LGBTQI+ human rights defender was stabbed and in critical condition. The Biden Administration has imposed several sanctions on Uganda in response to this egregious violation of LGBTQI+ Ugandans’ human rights, including restrictions on Ugandan officials’ travel.
BACKGROUND ON APRIL 3rd RULING
Earlier today, Uganda’s Constitutional Court refused to strike down the AHA, with the lead judge Richard Buteera saying "We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement.” The court did strike down some sections of the law including provisions that require bystanders to report “homosexual acts” they suspect are occurring, provisions relating to leasing homes or provide premises for “the purposes of homosexuality” and a provision relating to same-sex sexual relations where one partner has a terminal illness. However, this ruling keeps provisions that continue to criminalize LGBTQI+ people, including but not limited to provisions that criminalize “aggravated homosexuality,” which is punishable by death; “attempted homosexuality,” which is punishable by up to 10 years; and “promotion of homosexuality,” which carries a sentence of up to 20 years.
Petitioners plan to appeal the Court’s decision to the Ugandan Supreme Court, and Ugandan activists have continued to call on the United Nations and its partners, like the World Bank and Global Fund, to “intensify their demand[s] that this law be struck down.”