Uganda this Tuesday became one of the most restrictive countries with the rights of the LGTBI collective after the approval of the “Law against Homosexuality, 2023”. Since then, anyone who identifies as homosexualmay be punished with long sentences of jail, life imprisonment and even death.
The Parliament of the African country approved almost unanimously this controversial law that penalizes sexual relations between consenting adults of the same sex in the face of rejection by the international community. Lawmakers in the East African country, where ‘anti-gay’ sentiment runs deep, did not dare to contradict the president, Yoweri Museveni, who has repeatedly denounced homosexuality, to pass said legislation.
The same-sex relationships were already illegal in Uganda, but supporters of the new law say it is necessary to punish a broader range of LGBTQ activities, which they say threaten the traditional values of this conservative and religious East African nation.
This “ambiguously and vaguely worded” law, according to Amnesty International (AI), it penalizes even those who “promote” homosexuality or “try to commit the crime of homosexuality”. In reality, according to the NGO, this legislation is deeply repressive it will institutionalize discrimination, hatred, and prejudice against LGBTI people, including those perceived to be LGBTI, and it will block the legitimate work of civil society, public health professionals, and community leaders.
Includes severe penalties ranging up to death penalty for “aggravated homosexuality” and life imprisonment for same-sex relationships. According to the law, aggravated homosexuality implies homosexual relations with minors under 18 years of age or when the perpetrator is seropositive, among other categories. For maintaining consensual relationships with people of the same sex, a series of sentences of around 10 years behind bars has been stipulated.
Can the law be appealed?
Most LGBTQ rights charities in the country have already been closed in previous years based on previous laws. On this occasion, some activists have expressed the intention of taking the law to the courts considering it unconstitutional and contrary to various international treaties signed by Uganda.
According to two Kampala lawyers contacted by Reuters, this action has the potential to overturn the law. Anti-gay legislation passed in 2013, which led to cuts in aid and investment, was annulled by court for procedural reasons, and in this case, in the 2023 law, “the law violates fundamental constitutional rights such as privacy and freedom of expression, so based solely on the law, I think it will be a strong case,” he said. the lawyer Adrian Jjuko.
Where does the law come from?
The 2023 anti-homosexuality bill is not the first time the Ugandan Parliament has attempted to re-criminalize homosexuality since the repeal of the Uganda Anti-Homosexuality Acta colonial-era provision of the Penal Code of 1950, in 2014.
On May 3, 2021, Parliament approved the Sexual Offenses Bill, which intended to penalize any “sex act between persons of the same gender” just like him anal sex between people of any gender. In August 2021, President Museveni rejected the law, stating that many provisions in the proposed law were redundant, as they were already provided for in existing legislation such as the Criminal Code Law.