Africa

Uganda adopts anti-LGBTQ+ law with death penalty for same-sex acts

Bill imposes capital punishment for so-called aggravated homosexuality

When Ugandan President Yoweri Museveni signed a less restrictive anti-LGBTQ law in 2014, Western governments suspended some aid, imposed visa restrictions and curtailed security co-operation. That law was nullified within months by a domestic court on procedural grounds. Photograph: Guillem Sartorio/AFP via Getty Images

Samuel Okiror in Kampala
Mon May 29 2023 - 15:10

Uganda’s president Yoweri Museveni has signed into law the world’s harshest anti-LGBTQ+ bill, which allows the death penalty for homosexual acts.

The move immediately drew widespread international outrage as well as condemnation from many Ugandans.

Early on Monday, the speaker of the Ugandan parliament, Anita Among, released a statement on social media confirming Mr Museveni had assented to the law first passed by MPs in March.

It imposes the death penalty or life imprisonment for certain same-sex acts, up to 20 years in prison for “recruitment, promotion and funding” of same-sex “activities”, and anyone convicted of “attempted aggravated homosexuality” faces a 14-year sentence.

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The bill, described by the UN high commissioner for human rights, Volker Türk, as “shocking and discriminatory”, was passed by all but two of the 389 MPs on March 21st.

Mr Museveni had 30 days to either sign the legislation into law, return it to parliament for revisions or veto it. He sent it back to MPs in April, with a request for reconsideration. The bill would have still become law without the president’s assent if he returned it a second time.

Mr Museveni claimed in March that his government was attempting to resist western efforts to “normalise” what he called “deviations”.

“The western countries should stop wasting the time of humanity by trying to impose their practices on other people,” he said.

Ms Among tweeted on Monday morning: “The president … has assented to the Anti-Homosexuality Act. As the parliament of Uganda, we have answered the cries of our people. We have legislated to protect the sanctity of [the] family.

“We have stood strong to defend our culture and [the] aspirations of our people,” she said, thanking Museveni for his “steadfast action in the interest of Uganda”. The speaker said MPs had withstood pressure from “bullies and doomsday conspiracy theorists” and called for courts to immediately begin enforcing the new laws.

Ugandan activists said they plan to petition the courts to nullify the legislation.

The United Nations condemned the move. “We are appalled that the draconian and discriminatory anti-gay bill is now law. It is a recipe for systematic violations of the rights of LGBT people and the wider population. It conflicts with the constitution and international treaties and requires urgent judicial review,” it said in a statement.

In a joint statement, the heads of the Global Fund to Fight Aids, Tuberculosis and Malaria, UNAids and the US president’s Emergency Plan for Aids Relief (Pepfar) reacted with “deep concern” and said progress on tackling Aids and HIV was “now in grave jeopardy”.

[ Sally Hayden: LGBT people scrambling to find ways out of Uganda ]

“LGBTQI+ people in Uganda increasingly fear for their safety and security, and people are being discouraged from seeking vital health services for fear of attack, punishment and further marginalisation,” added the statement, signed by Peter Sands, Winnie Byanyima and John Nkengasong.

A 2014 anti-gay bill also prompted widespread international criticism and was later nullified by Uganda’s constitutional court on procedural grounds.

“President Museveni’s decision to sign the anti-homosexuality act 2023 into law is deeply concerning,” said Steven Kabuye, a human rights activist in Kampala. “This act violates basic human rights and sets a dangerous precedent for discrimination and persecution against the LGBTQ+ community in Uganda.

“As we have seen in the past, such laws can lead to increased violence, harassment and marginalisation of already vulnerable groups. It is important that we stand together in solidarity with the LGBTQ+ community in Uganda and around the world and fight against bigotry and hate.”

In February alone, 110 LGBTQ+ people in Uganda reported incidents including arrests, sexual violence, evictions and being forcibly stripped in public to the advocacy group Sexual Minorities Uganda. Transgender people were disproportionately affected, said the group.

Last April, a court in the eastern town of Jinja denied bail to six people working for healthcare organisations who had been arrested and charged with “forming part of a criminal sexual network”. Ugandan police confirmed that it conducted forced anal examinations on the six and tested them for HIV.

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