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Africa

Ugandan Constitutional Court to consider challenge to Anti-Homosexuality Act

Hearing is slated to begin on Dec. 11

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(Image by rarrarorro/Bigstock)

Editor’s note: The Constitutional Court has announced the hearing will begin on Dec. 18.

Activists in Uganda are optimistic the queer community will get justice from the Constitutional Court hearing on a petition that challenges the country’s Anti-Homosexuality Act.

Some of the groups that spoke to the Washington Blade before the hearing begins on Dec. 11 termed the law that President Yoweri Museveni signed in May as “discriminatory, unconstitutional and a violation of fundamental human rights.”  

Uganda Minority Shelters Consortium, a local NGO which supports and advocates for the rights of LGBTQ victims of violence and homelessness, noted the Anti-Homosexuality Act has created a “climate of fear and persecution” for queer Ugandans.

UMSC Coordinator John Grace said this situation has led to a spike in homophobic violence, discrimination and the LGBTQ community’s inability to access healthcare and other basic services due to fear.  

“We believe the court should nullify this discriminatory law and pave the way for a more inclusive and equitable society for all Ugandans,” Grace said in support of the four consolidated petitions that several LGBTQ activists filed.

The plaintiffs include Uganda’s Deputy High Commissioner to South Africa Kintu Nyango, Makerere University Law professors Sylvia Tamale and Busingye Kabumba, veteran journalist Andrew Mwenda, West Budama Northeast MP Fox Odoi and several advocacy groups. 

Odoi is Museveni’s former legal advisor.

Petitioners in a pre-hearing conference on Tuesday argue the Anti-Homosexuality Act violates Article 92 of Uganda’s constitution, which bars Parliament from enacting a law that goes against a decision by the country’s Judiciary. This position is in response to the Constitutional Court’s 2014 ruling that nullified a similar anti-homosexuality law.  

The plaintiffs also argue the Anti-Homosexuality Act was hurriedly passed within six days instead of 45 days as Parliament’s rules requires and that it was enacted without meaningful public consultation. 

“This hearing is crucial for LGBTQ+ Ugandans as it provides a platform to expose the law’s flaws and its detrimental impact on their lives, amplifies their voices to encourage dialogue about equality, tolerance and acceptance, and it instils hope and empowers the queer individuals to fight for their rights and dignity,” Grace stated.    

His remarks come a day after the U.S. Ambassador to Uganda William Popp defended the Biden-Harris administration’s decision to impose sanctions against some Ugandan officials and announced plans to remove Kampala from Washington’s duty-free trade program for sub-Saharan African countries over the anti-LGBTQ law. 

Ugandan Parliament Speaker Anitah Among, who is targeted in the U.S. visa travel ban, on Wednesday disclosed the White House has targeted more than 300 MPs who supported the Anti-Homosexuality Act. (U.S. government policy is not to target officials over legislative activity.) Secretary of State Antony Blinken on Monday announced the additional sanctions. 

Among and the other MPs hit back at the U.S. and vowed to protect the anti-LGBTQ law “with our blood, sweat and souls,” while cautioning Ugandans opposed to it should “leave our country and go to live in the United Kingdom or the United States.”  

Popp, while engaging with Ugandans virtually via X Spaces ahead of the Human Rights Day commemorations on Dec. 10 that will take place under the “Freedom, Equality and Justice for All” banner, said the U.S. “wants good things for Uganda as friends” through a sustained partnership.

“We have invested over 60 years of work, time, effort and resources as a partner of the Ugandan people,” said Popp. “We spend about one billion dollars annually in areas like health, education, and food security to improve livelihoods to try and build a more prosperous, freer and secure future for Ugandans which is good for the country, the region, the U.S. and the world.” 

Popp noted, however, this economic progress cannot succeed without respect for human rights because there is a direct correlation between economic prosperity and societies that are more open and have greater respect for human and civil rights. Popp conceded no country in the world is perfect — including the U.S. — and the Biden-Harris administration is only helping Kampala to identify areas in which Ugandan institutions can improve as they relate to punishing people who violates citizens’ human rights.

“Working on these issues as Ugandans and working collectively with us as partners is better for long-term goals and positive development in the country,” he said. “If this is done, Uganda collectively will move forward and the U.S. will be the first to applaud it.” 

Let’s Walk Uganda, another Ugandan advocacy group that openly LGBTQ people lead, is also challenging the Anti-Homosexuality Act. The organization told the Blade the case is a litmus test to the Judiciary’s core mandate of protecting the “weak” in the society.

“We are challenging the act for violating the entire Bill of Rights and other key provisions of the constitution and its spirit generally,” Martin Musiime, the group’s legal manager, said. “The Ugandan constitution is against the backdrop of tyranny, oppression and abuse of power against those without power or the marginalized.” 

Musiime expressed optimism that the petition has strong, convincing grounds for the court to “annul the apartheid law” while also confirming that they are ready to appeal should the court rule against the complainants. 

“These efforts are moving hand in hand with political and diplomatic engagements including piling pressure for sanctions,” Musiime said. “We are convinced the sanctions are working and we see efforts by the government to lessen on the severity of the law.”

Doctor Henry Mwebesa, the director general of Uganda’s Health Services, in August issued a circular to all health workers that directed them not to deny services to anyone visiting hospitals; not to discriminate or stigmatize them based on sexual orientation and to protect their privacy, confidentiality and safety.

Let’s Walk Uganda and UMSC maintain, however, this directive doesn’t guarantee queer people enough protection until the punitive and discriminatory provisions in the Anti-Homosexuality Act, such as reporting a suspected gay person to authorities, are removed and the entire law is repealed.

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Uganda

Ugandan activist named Charles F. Kettering Foundation fellow

Clare Byarugaba founded PFLAG-Uganda

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Clare Byarugaba (Photo via X)

The Charles F. Kettering Foundation has named a prominent Ugandan LGBTQ activist as one of its 2026 fellows.

Clare Byarugaba, founder of PFLAG-Uganda, is one of the foundation’s five 2026 Global Fellows.

Byarugaba, among other things, has been a vocal critic of Uganda’s Anti-Homosexuality Act. Byarugaba in 2024 met with Pope Francis — who criticized criminalization laws during his papacy — at the Vatican.

The foundation on its website says it “is dedicated to bringing research and people together to make the promise of democracy real for everyone, everywhere.”

“Clare is the kind of hero who rushes toward the emergency to help,” said PFLAG CEO Brian K. Bond in a Feb. 27 statement to the Washington Blade. “She founded PFLAG-Uganda as the country pushed to criminalize homosexuality and those who support LGBTQ+ people. Yet, she never hesitated in her courage, telling us that families wanted to organize to keep their LGBTQ+ loved ones safe, and PFLAG was the way to do it. Clare Byarugaba not only deserves this honor, but she will use her compassion and experience to teach the world about LGBTQ+ advocacy as a Kettering Global Fellow.”

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Africa

LGBTQ groups question US health agreements with African countries

Community could face further exclusion, government-sanctioned discrimination

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The White House commemorates World AIDS Day in 2023. Health agreements the U.S. has signed with Uganda, Kenya, and other countries have sparked concern among queer rights groups. (Washington Blade photo by Michael Key)

Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.

The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion. 

Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.

Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.

“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.

He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.    

“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”

Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID. 

USAID officially shut down on July 1, 2025, after the White House dismantled it.

Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.

“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.” 

Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.

Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.

“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.

He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.  

“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”

Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.

“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”

Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America. 

The agreement the U.S. and Uganda signed has not been challenged.

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Senegal

A dozen Senegalese men arrested for ‘unnatural acts’

Popular journalist and musician among those taken into custody

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(Image by xileodesigns/Bigstock)

Senegalese police have charged a dozen men with committing “unnatural acts.”

The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.

Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”

Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.

Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.

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