Explained | Uganda enacts harsh anti-LGBTQ law, includes death penalty for ‘aggravated homosexuality’

Kampala, Uganda

Ugandan President Yoweri Museveni signed what might arguably be one of the world’s toughest anti-LGBTQ bills into law on Monday (May 29). The move also comes amid Western condemnation, international criticism, and potential sanctions against the country by aid donors. While same-sex relations were already illegal in the African nation, the law takes it one step further by including the death penalty for “aggravated homosexuality”. 

What is the new law about?

The bill, Anti-Homosexuality Act 2023, which was recently signed into law, was introduced in Uganda’s parliament earlier this year. The death penalty for “aggravated homosexuality” includes sex with a minor, people who are HIV positive, and incest. 

Additionally, anyone engaging in gay sex, if convicted, could face life imprisonment and a person caught trying to commit same-sex acts could face up to 10 years in prison. The law also stipulates a 20-year sentence for anyone “promoting” homosexuality. 

It also calls for what it terms “rehabilitation” for gay offenders which could hint at the widely discredited conversion therapy. Meanwhile, a minor convicted of an offence involving same-sex relations can be imprisoned for not more than three years. 

If legal entities, such as media and non-governmental organisations (NGOs), are found “knowingly” promoting homosexuality, they will be fined and also face potential suspension. 

Museveni has ‘answered the cries of our people’

The announcement of the signing of the bill was made by Ugandan Parliament Speaker Anita Annet Among who said Museveni has “answered the cries of our people.” She also took to Twitter and wrote, “I thank His Excellency, the president, for his steadfast action in the interest of Uganda.”

She added, “With a lot of humility, I thank my colleagues the Members of Parliament for withstanding all the pressure from bullies and doomsday conspiracy theorists in the interest of the country.” 

A report by the Associated Press has also attributed the rise in anti-gay sentiment in Uganda to news coverage of alleged sodomy cases in boarding schools. One of the cases includes a parent accusing a teacher of abusing her son who is in a prestigious school for boys. 

LGBTQ rights activists have called the bill unnecessary considering homosexuality in Uganda has long been illegal in line with a colonial-era law which criminalises sexual activity “against the order of nature.” The violation of this law carries a punishment of life imprisonment.

International criticism and condemnation 

Notably, the bill’s sponsor Asuman Basalirwa told reporters that the Ugandan Parliament speaker’s visa to the United States was cancelled after the law was signed. This comes after the White House condemned the bill after it was first passed back in March. Amnesty International has described the legislation as “draconian and overly broad.”

On Monday, the United Nations Human Rights Office said it was “appalled that the draconian and discriminatory anti-gay bill is now law,” and called the legislation “a recipe for systematic violations of the rights” of LGBTQ people and others. The European Parliament has also condemned the law with MEPs describing it as “horrific”. 

In a joint statement, on Monday, PEPFAR, the US flagship HIV/AIDS programme and leaders of the UNAIDS programme, said that the law will put Uganda’s anti-HIV fight “in grave jeopardy,” and that they were “deeply concerned about the harmful impact” of the legislation on public health. 

The statement also noted that the "stigma and discrimination associated with the passage of the Act have already led to reduced access to prevention as well as treatment services" for LGBTQ people, and it will “obstruct health education and the outreach that can help end AIDS as a public health threat.”

“Our data shows that this law runs counter to the interests of economic progress and prosperity of all people in Uganda,” said Dominic Arnall, chief executive for Open For Business, a coalition of companies which includes tech giants like Google and Microsoft. He also said that the group was deeply disappointed by the signing of the bill. 

US President Joe Biden

After the bill was signed said that the enactment of the anti-LGBTQ law is a "tragic violation of universal human rights". He added, "I join with people around the world - including many in Uganda - in calling for its immediate repeal." Biden also said that they are considering steps like additional sanctions and restriction of entry into the US "against anyone involved in serious human rights abuses or corruption". 

United Kingdom government 'appalled'

The British government said that they were "appalled" at the Ugandan government's new law. Andrew Mitchell, a minister in the foreign office department said it "undermines the protections and freedoms of all Ugandans enshrined in the Ugandan Constitution". 

He also went on to describe the law "deeply discriminatory" and said it would "increase the risk of violence, discrimination and persecution, will set back the fight against HIV/AIDs, and will damage Uganda’s international reputation". 

‘A dark day’ for LGBTQ community in Uganda

According to media reports, there is fear among Uganda’s LGBTQ community as many have closed down social media accounts and fled homes, while some are even planning to move abroad. Henry Mukiibi, an activist who assists LGBTQ Ugandans, told CNN that he is afraid of people taking the law into their own hands. 

“I think this is so so horrible. We didn’t expect this – we thought he would be advised against it. We are going to be tortured. I am just scared now about what is next,” Mukiibi told CNN. He added, “People have been waiting for the bill to be signed and then they will work on us. We are going to die.” 

“It’s a very dark and sad day for the LGBTIQ community, our allies and all of Uganda,” said Clare Byarugaba, a Ugandan rights activist, as per Reuters, after the bill was signed. 

Africa's deputy director for Human Rights Watch, Ashwanee Budoo-Scholtz, told AFP that the legislation was “discriminatory and is a step in the wrong direction for the protection of human rights for all people in Uganda”. 

Homosexuality is criminalised in more than 30 of Africa’s 54 countries as some people supposedly view it as a behaviour imported from abroad. There are also fears that this legislation could encourage lawmakers in neighbouring Kenya and Tanzania to take similar steps. 

After the law was signed, a Kenyan Member of Parliament, George Kaluma, said, "Wow! What a leader we've in Africa! Congratulations Uganda! Kenya is following you in this endeavour to save humanity ... Perversion is treated, not normalized!" 

The 78-year-old leader was seen signing the bill at his desk with a golden pen and has previously called homosexuality a “deviation from normal”. He also urged lawmakers to resist “imperialist” pressure amid international condemnation of the bill. Notably, a similar less restrictive anti-LGBTQ law was struck down by a court on procedural grounds. 

Rights activists have the option of appealing the legislation before the constitutional court. The 2014 anti-LGBTQ law was also struck down by a domestic court after some countries in the West had taken measures including suspension of aid, imposed visa restrictions and curtailed security cooperation.

The civil society in Uganda, with the LGBTQ community, is ready to take this to the courts and challenge the law, Nicholas Opiyo, a prominent human rights lawyer told CNN. “Because this law is a deeply discriminatory and repressive law that doesn’t meet any international human rights and local standards.” 

(With inputs from agencies)

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