Kampala —

Uganda’s Constitutional Court has refused to annul or grant a permanent injunction banning the enforcement of the country’s anti-gay laws. In Wednesday’s ruling, the judge said the law did violate some basic human rights. Lawyers representing members of Uganda’s LGBT community called the ruling regressive.

The petitioners in the case had sought a court ruling on whether the anti-gay law passed in 2023 violated the principle of equal protection of all Ugandans under the law.

But to their dismay, a panel of five judges led by Uganda’s Deputy Chief Justice Richard Buteera made the announcement.

“We refuse to repeal the Anti-Homosexuality Bill 2023 in its entirety; nor will we issue a permanent injunction to prevent its implementation.”

In their ruling on Wednesday, Constitutional Court judges noted that the law was intended to protect children, particularly in cases of reported recruitment and targeting of children.

However, the judge did rule that the law did violate certain rights, particularly parts of the law that effectively deprived members of the LGBT community of access to medical services such as anti-AIDS treatment.

“We find that Section 3(2)C of the Anti-Homosexuality Act violates their right to health, while Sections 9 and 11(2d) of the Anti-Homosexuality Act are inconsistent with the right to an adequate standard of living and the right to health ,” Judge Putra said.

The ruling struck down those sections of the act.

Attorney Nicholas Opio described the entire ruling as an essentially wrong decision by the court. He argued that the court’s decision legitimized and legitimized discrimination against LGBT people.

“It is legitimate to exclude LGBTI people from participating in the affairs of their country based solely on public sentiment and so-called cultural values. Can you still be healthy when your existence is challenged and declared unconstitutional? I think this is a failed attempt at balancing ,”He said.

LGBT activist Eric Ndawula told VOA the court had let the community down.

“They have no basis in fact. Instead, they focus on perceptions. They focus on what the (local) media reports rather than what is actually going on. If you are talking about recruitment and you don’t have anything other than unsubstantiated personal statements Any evidence of recruitment. It’s a sad day,” Ndaura said.

The petitioners can appeal the matter to the Supreme Court of Uganda.

The Anti-Homosexuality Law, which came into effect last May, makes homosexual acts punishable by life imprisonment.

The law also imposes the death penalty for so-called “aggravated homosexuality,” including sex with people living with HIV, as well as sex with vulnerable groups such as minors and the elderly.

The law was condemned by gay activists and many foreign governments, including the Biden administration, as a human rights violation.