Ugandan lawmakers have almost unanimously approved some of the world’s most punishing anti-homosexuality laws in recent weeks. The death penalty is now possible for some instances of homosexuality and one could face up to 20 years in prison for even identifying as gay in Uganda.
Same-sex relations were already punishable by life imprisonment in the country. But the new laws have heightened the consequences.
According to the bill, the death penalty can be invoked for cases involving “aggravated homosexuality.” This includes more understandable atrocities –if applied to heterosexual people as well– including sex without consent. But it also includes sex “under duress” or with people who have mental or physical disabilities.
What counts as “under duress”? What if someone consents but, once caught and facing the death penalty or imprisonment, survives by accusing the other of coercion? If someone says “I wasn’t in my right mind” to save their reputation and life, does that mean the sexual partner must have cast a spell on them? How many people are going to die because the law promotes making excuses for (consensually) having gay sex that may implicate their innocent sexual partner?
As for the death penalty being used against those who have same-sex relations with people that have mental or physical disabilities, since when can people with autism or an amputated leg not consent to sex? If these rules aren’t being applied to heterosexuals, then it’s clear the Ugandan government sees homosexuality as predatory opportunism.
Lawmaker Asuman Basalirwa introduced the Anti Homosexuality Bill 2023 to parliament, saying it aims to “protect our church culture; the legal, religious and traditional family values of Ugandans from the acts that are likely to promote sexual promiscuity in this country.”
“The objective of the bill was to establish a comprehensive and enhanced legislation to protect traditional family values, our diverse culture, our faiths, by prohibiting any form of sexual relations between persons of the same sex and the promotion or recognition of sexual relations between persons of the same sex,” Basalirwa said recently.
Lawmaker Fox Odoi-Oywelowo spoke out against the bill, saying it “contravenes established international and regional human rights standards” as it “unfairly limits the fundamental rights of LGBTQ+ persons.”
The law is likely to lead to mass arrests and mob violence. It’s a witchhunt. Ugandan advocate Frank Mugisha, whose LGBT rights charity was shut down last year, told Reuters that the consequences are heartbreaking.
“The last time the legislation was around, there were cases of suicide so, this time, this law is worse than the one that was here before because it has a death penalty and many people would be worried, many people would be scared,” he said.
Mugisha will challenge the law in court on grounds it is unconstitutional and violates numerous international treaties of which Uganda is a signatory. “We will go to all courts in Uganda. If need be, we will go to the international court as well but, we definitely have to go to court and challenge this law.”
Lawyer Adrian Jjuko says Mugisha could win. “The law violates fundamental constitutional rights like privacy and free speech, so purely based on the law, I think it will be a strong case,” Jjuko said.
The “Anti-Homosexuality” legislation will next be sent to President Yoweri Museveni, who has repeatedly denounced homosexuality, for it to be signed into law.
