KAMPALA – We all remember well that at the end of May 2023, Ugandan President Yoweri Museveni signed the Anti-Homosexuality Law. It has institutionalized the criminal prosecution of lesbian, gay, bisexual, transgender, queer and intersex people (LGBTQI+). So, now a whole year has passed! If there are any changes? Many experts have started talking about the promotion of hatred towards this population group in the country and the emergence of many related problems.
Moreover, for promoting homosexuality, violators face up to 20 years in prison. However, due to some vagueness, the media expects to receive some concessions. Nevertheless, the government will act in its own interests. For example, in Uganda, there is a complete regulatory framework governing lotteries and gambling. Even though this law does not apply to online games, all virtual gaming and 5 dollar deposit betting sites are subject to licensing by the National Council.
Ugandan Anti-Homosexuality Law: The Results
So, the law signed by Museveni sets out the following penalties:
- Life imprisonment for gay sex.
- 20 years in prison for same-sex propaganda.
- Up to 10 years for an attempt to commit same-sex acts.
- A new crime is being introduced – aggravated homosexuality. This includes contracting a terminal disease such as HIV/AIDS through same-sex sex contact with a minor or a disabled person. Such actions are punishable by up to the death penalty.
The new law prohibits any form of same-sex relationships in the country! This also applies to same-sex marriage. Besides, media and non-governmental organizations promoting them will experience fines.
Will There Be More HIV-Infected People?
Judging by the fact that international organizations involved in health protection and HIV prevention have shown particular concern, this is quite real. In their opinion, after the adoption of the law, sex education in the country may be significantly curtailed. Homosexuals will become afraid to be tested for HIV and, if they have it, undergo treatment, which will lead to the uncontrolled spread of the infection.
The PEPFAR initiative, the Global Fund to Fight HIV, Malaria, Tuberculosis, and UNAIDS issued a joint statement. These are the largest foundations working with HIV in Africa. The experts point out that discrimination against LGBTQI+ people has already led to patients being afraid to seek help, and the adoption of the new law is a direct threat to public health.
Uganda is currently one of the leaders in the fight against HIV infection. By 2021, 89% of the country’s population knew their HIV status. 92%+ of HIV-positive people were receiving treatment. 95% had the virus suppressed, which makes them not infectious to other people. These advances were largely due to the work of international foundations in treatment, testing, and sexuality education.
The UN Reaction & Position
The United States, one of Uganda’s main trading partners, warned back in March 2023 about economic sanctions if the law was passed. Uganda also receives billions of dollars in aid annually from developed countries, which may also be reduced. Still, the law was adopted. A year later, the UN High Commissioner for Human Rights – Volker Türk – expressed alarm at the decision of the Ugandan Constitutional Court to uphold the anti-homosexuality law. He called on authorities to abolish it completely. Moreover, Türk claims that since May 2024, the rights of 600+ people have been violated based on their actual or perceived sexual orientation or gender identity.
Türk also stressed that the Ugandan authorities must protect the rights and dignity of everyone, regardless of sexual orientation or gender identity. He hopes Ugandan authorities will repeal Section 145 of the Penal Code, which criminalizes consensual same-sex sexual relations. Türk insists that criminalizing consensual same-sex relationships and imposing the death penalty on those who practice them are contrary to Uganda’s obligations under international human rights treaties.
Why Is Yoweri Museveni Not Going To Change His Decision?
In Uganda, the LGBTQI+ population has long been despised due to widespread homophobia in society and a lack of legal protections. Moreover, the first anti-gay laws were inherited by Uganda from the British colonialists. So, it is unlikely that Türk will be able to call on the authorities to provide favorable conditions for all human rights defenders, including those who stand for the LGBTQ community, to carry out their legitimate activities. He also talks about allowing them to register and use their rights to freedom of expression, association, and peaceful assembly without discrimination. Codified in the 1950 Criminal Code and then strengthened in the 1990s, the legislation imposes severe penalties for same-sex relationships, calling them unnatural. In December 2013, the Ugandan Parliament passed the Anti-Homosexuality Act 2014. The penalties for homosexuals were almost as severe as the 2023 version. However, the Constitutional Court later overturned this law. Later, lawmakers introduced similar bills several times.
Besides, Christian fundamentalist groups also influence the development of homophobia in Uganda. This is evidenced by the inter-parliamentary conference on family values, which took place in Kampala in 2023. The meeting was attended by religious leaders, youth activists, and members of parliaments from 20+ African countries. Those present called on their governments to criminalize homosexuality and same-sex unions and to introduce stricter penalties for those involved in these relations.
Should we expect that attitudes towards same-sex relationships will ever change in Uganda? This can only happen if the government and the mood in society change. Uganda is a predominantly conservative Christian country. Same-sex sex was already punishable by life imprisonment here. Despite multiple condemnations, President Museveni said Uganda will not accept homosexuality. Moreover, he noted that the West is trying to force other countries to normalize obvious deviations.
