Kampala, Uganda

Two individuals from Uganda are currently facing severe legal repercussions due to charges of "aggravated homosexuality," an offense that carries the death penalty under the country's recently enacted controversial anti-gay laws. The law has already sparked international outrage and drawn attention to the significant human rights concerns surrounding them.

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One of the two cases involves a 20-year-old man residing in the Soroti district of eastern Uganda. He was charged on August 18 after being accused of engaging in "unlawful sexual intercourse" with a 41-year-old man who has a disability.

The spokesperson for the Director of Public Prosecutions, Jacqueline Okui, confirmed these charges. Last month in the Jinja district of eastern Uganda, another individual was accused of "aggravated homosexuality." The allegation was that this person engaged in a "sexual act with a child aged 12 of the same sex," as per Okui.

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'Aggravated homosexuality'

"Aggravated homosexuality," as defined by the contentious legislation, encompasses a range of activities including incest, sexual relations with children, individuals with disabilities, and the elderly.

The law, which was signed in May, not only outlaws same-sex marriages in Uganda but also imposes life imprisonment for engaging in same-sex acts.

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Legal process 

The accused individuals are currently in pre-trial remand and are expected to appear in court in September. While Uganda has not carried out an execution for decades, the potential for the death penalty in these cases has raised concerns about the harshness of the penalties associated with the law.

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Ugandan President's stance 

Ugandan President Yoweri Museveni, who has been in power for many years, approved the law despite significant global criticism. The international community, including prominent figures like US President Joe Biden, has condemned the law as a violation of "universal human rights". US also initiated an assessment of the its aid and investments in Uganda.

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Constitutionality 

Legal experts, such as attorney Justine Balya, who is representing the 20-year-old man from Soroti, argue that the enforcement of the law is "unconstitutional" due to its criminalisation of consensual adult conduct. She contends that the penalties are disproportionate to the alleged offenses.

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