By JONATHAN KAMOGA

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Uganda’s Supreme Court could have a final say on whether the Anti Homosexuality Act 2023 will remain in the books of law, in what promises a new round of legal battle, petitioners say.

This week, the Constitutional Court in Kampala declined to annul the law in its entirety, but ruled that some sections violated basic human rights, including access to healthcare.

Some 22 private citizens and rights activists had filed petitions in the Constitutional Court challenging all sections of the Act, arguing they contravened human rights and freedoms that are guaranteed under the Constitution of Uganda and international human rights instruments to which Uganda is a party.

Ugandan human rights lawyer Nicholas Opiyo, who was part of the petitioners, said they disagreed with the court’s decision not to annul the law, adding that of the 14 issues raised, 13 will be appealed at the top court.

Read: Uganda top court upholds anti-gay law

“We cannot wish away gay Ugandans because they are here and are our children. So we need to find ways of protecting them,” he said.

In their ruling, a panel of five judges led by the Deputy Chief Justice Richard Buteera, declared that the Act complies with the Constitution of Uganda.

“We declined to nullify the Anti-Homosexuality Act 2023 in its entirety; neither would we grant a permanent injunction against its enforcement,” Justice Buteera said on behalf of the Bench.

It is now not a crime to let property to homosexuals or fail to report acts of homosexuality, as had been provided in the Act.

The court, nonetheless, has not sealed pressure from human rights campaigners and Uganda’s main donors from seeking a review of the law.

The European Union said it would continue to engage with the Ugandan authorities and civil society to ensure that all Ugandan citizens, regardless of their sexual orientation and gender identity, are protected and treated equally with dignity and respect.

“The EU restates its position that the AHA is contrary to international human rights law, and regrets the retention of the death penalty to which the EU is opposed in all circumstances,”it said.

The US Secretary of State Antony Blinken said the verdict undermines human rights and public health for all and poses grave threats to LGBTQI+ Ugandans and allies, adding that Uganda’s international reputation and ability to increase foreign investment depend on equality under the law.

Read: Uganda court backs state refusal to register gay group

The US and the World Bank had, last year, paused funding programmes in Uganda in protest of the law. In turn, Ugandan President Yoweri Museveni publicly began defying the West, arguing Uganda will continue to pursue its development path free of interference.

According to Opiyo, however, of the 14 issues raised earlier to the Constitutional Court, 13 will be appealed at the top court.

History

This is not the first case to raise the heat over homosexuality. In 2014, the Constitutional Court overturned a similar anti-homosexuality law on grounds that the process of its enactment had contravened the constitution. The Court ruled the law had been passed in parliament without the necessary quorum.

After that, he government swatted away immediate attempts to rewrite the law following international pressure; aid cut threats that arose at that time. Until last year when a political wave gathered and pushed it through.