The legal framework
The Anti-Homosexuality Act of 2023 creates an offence of aggravated homosexuality carrying the death penalty in defined circumstances, criminalises the promotion of homosexuality, and imposes duties to report. The Constitutional Court upheld the bulk of the Act in April 2024, striking down only a small number of provisions, and an appeal to the Supreme Court followed. There is no recognition of any union.
Uganda's 2023 Act is the most far-reaching law of its kind currently in force, and its effects reach well beyond criminal prosecutions: health organisations have documented people avoiding clinics, landlords evicting tenants, and outreach services curtailing their work because of the reporting duties. That indirect harm is, in practice, the larger one.
Key points
| Marriage | Prohibited; the Constitution bars it expressly |
|---|---|
| Criminal law | Anti-Homosexuality Act 2023 |
| Aggravated offence | Death penalty available in defined circumstances |
| Promotion | Criminalised, with duties to report |
| Court challenge | Largely upheld by the Constitutional Court in April 2024 |
| Union alternative | None |
| Foreign marriage | Not recognised |
In practice
- No union of any kind can be registered in the country.
- A marriage celebrated abroad has no effect here: no spousal visa, no inheritance, no say in hospital.
- The documents that protect a couple — will, power of attorney, nominations — must be made in the country of residence.
- Digital caution is a safety measure: messages, photographs and dating applications.
Cost and coverage
There is no union to register. Health services remain legally available to everyone; the barrier is fear rather than policy.
Recent changes
The Constitutional Court upheld most of the Act in April 2024, annulling a limited number of provisions, and an appeal to the Supreme Court was lodged. International funding responses followed the Act's passage.
Where to go
- Consulate of your country of nationality, for consular protection.
- Regional and international human rights organisations.
- Local lawyer, as soon as any proceedings begin.
Worth knowing
The duty to report and the offence of promotion extend liability to landlords, employers, health workers and friends — which is what makes this framework exceptional even by regional standards.
Frequently asked questions
What did the Constitutional Court decide?
In April 2024 it declined to annul the Act, upholding the bulk of it while striking down a small number of provisions, including aspects of the duty to report and provisions concerning premises. An appeal to the Supreme Court was filed.
Does it affect access to health care?
Formally no: treatment remains available to everyone. In practice health organisations report that people avoid clinics and that outreach work has been curtailed, because of the reporting duties and the risk of being associated.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database