(Kampala, Uganda) Leading Ugandan HIV and health rights organisations hailed today’s ruling by Constitutional Court striking down the Anti Homosexuality Act as unconstitutional.
“Uganda cannot deliver on access to prevention and treatment for HIV and other critical public health crises for all in Uganda when there are discriminatory laws and policies such as the Anti Homosexuality Act in place,” said Lilian Mworeko, the Coordinator of the International Community of Women Living with HIV East Africa (ICWEA).
“The law has been nullified and this is a major step forward—now we must challenge government to confront and overcome the intolerance and bigotry in our communities while we oppose other harmful laws and policies, including the HIV Prevention and Management Bill. This Bill could be signed at any time by President Museveni, and would be a major step backwards in the HIV response.”
Uganda is one of the only countries in East Africa reporting recent increases in HIV incidence. Criminalised populations including gay men, sex workers, transgender women and drug users are at higher risk of HIV infection and disease progression as well as violence and abuse. For example, gay men in Kampala have an estimated HIV prevalence of 13%, more than three times the prevalence of other men. Insufficient investment in the health priorities of criminalised populations and other most at risk populations is contributing to these troubling trends.
The law, which is now nullified, increased the punishment for same sex acts between consenting adults to life in prison and criminalised ‘promotion’ of homosexuality and ‘aiding and abetting’ of homosexuality with 7 years’ imprisonment and hefty fines. These crimes were defined so broadly as to criminalize provision of essential health and social services, such as HIV prevention and treatment.
“The right to health must be enjoyed by all Ugandans, including lesbian, gay, bisexual and transgender Ugandans,” said Moses Mulumba, Executive Director of CEHURD and a petitioner on the case. “Constitutional Court’s ruling today recognises that imperative—a law that would drive gay people further from health services has been removed.”
Henry Magala, Country Program Director, Uganda Cares added: “We need to ensure adequate provision of HIV and other health services to all those in need, without any form of discrimination whatsoever. In this way, we can be sure that the recently released Ministry of Health ministerial directive on access to health services without discrimination, will actually make sense—we cannot afford to leave anyone behind as the rest of the world is advocating to step up the pace for HIV prevention, treatment and care services for everyone.”
Health groups made the following recommendations:
—That the needs of key populations are incorporated into Uganda’s national health framework and relevant national policies;
—Urgently scale up national investments in universal treatment and evidence based prevention without discrimination, taking advantage of new WHO treatment guidelines that recommend treatment for all people at CD4<500, leveraging the powerful and cost savings clinical and prevention benefits of HIV treatment
—Incorporate the right to health of all Ugandans in the HIV/AIDS Prevention and Management Bill before assent by the president and remove all harmful clauses on criminalisation, mandatory testing and disclosure.
Contact for more information:
Moses Mulumba, Center for Health, Human Rights and Development (CEHURD), mulumbam@gmail.com 
+256 704 657 974
Lilian Mworeko, ICWEA +256 703 975 192 lmworeko@icwea.org
Kikonyogo Kivumbi, Uganda Health and Sciences Press Association (UHSPA) +256 752 628 406 kikonyogo.k@gmail.com
Alice Kayongo Mutebi Uganda Cares +256 77 244 0108 alice.kayongo@aidshealth.org
Asia Russell, Health GAP +256 776 574 729 and +1 267 475 2645 asia@healthgap.org
