In a move that has drawn widespread condemnation, Uganda’s President Yoweri Museveni has signed into law one of the harshest anti-LGBTQ legislations in the world. The law includes provisions for the death penalty for “aggravated homosexuality” and targets individuals involved in same-sex relationships or promoting LGBTQ rights. This development has triggered concerns of a ripple effect, potentially influencing neighboring countries like Kenya and Tanzania to consider similar measures.
While same-sex relations were already illegal in Uganda, as in more than 30 other African nations, the new law goes a step further by imposing capital punishment for “serial offenders” and individuals found guilty of transmitting a terminal illness, such as HIV/AIDS, through gay sex. Additionally, it mandates a 20-year prison sentence for “promoting” homosexuality.
Ugandan human rights activists, both within the country and abroad, have expressed outrage at the law. Clare Byarugaba, a prominent Ugandan rights activist, stated, “The Ugandan president has today legalized state-sponsored homophobia and transphobia.” International leaders have also strongly criticized the legislation, with United States President Joe Biden calling it “a tragic violation” of human rights and threatening potential sanctions against Uganda.
The enactment of this law could have severe consequences for Uganda, as the country receives billions of dollars in foreign aid annually. Donors and investors have previously taken adverse measures in response to similar legislation proposed nine years ago. Now, Uganda faces the prospect of economic and political repercussions, jeopardizing its anti-HIV/AIDS efforts, as emphasized by the U.S.’s flagship HIV/AIDS program, PEPFAR, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and UNAIDS.
The law’s sponsor, Asuman Basalirwa, revealed that parliament speaker Anita Among had her U.S. visa canceled after the law was signed. While Among and the U.S. embassy in Uganda have not yet responded to the situation, this incident suggests potential reprisals against individuals involved in the legislation.
LGBTQ activists in Uganda have argued that the law’s inclusion of the death penalty, particularly for transmitting HIV, is deeply problematic. Existing Ugandan law already permits a maximum 10-year sentence for intentionally transmitting HIV, with exceptions when the infected person was aware of their partner’s HIV status. However, the new law does not differentiate between intentional and unintentional transmission and removes the exception based on awareness of HIV status.
The revised version of the bill, passed earlier this month after Museveni’s request for amendments, attempted to clarify that identifying as LGBTQ is not a crime and limited the obligation to report homosexual activity only when a child is involved. However, LGBTQ Ugandans have argued that these changes are ineffective, as law enforcement often exceeds its authority, leading to harassment, arrests, evictions, and mob attacks.
Uganda has a history of grappling with LGBTQ rights, with a previous, less restrictive anti-LGBTQ law being struck down in 2014 by the country’s court on procedural grounds. The issue has been fueled by various factors, including religious campaigns by Western evangelical church groups and the legacy of colonial-era anti-sodomy laws, inherited by many African nations upon gaining independence.
Critics have decried the law as an affront to human rights, comparing it to apartheid and calling for global solidarity in condemning such measures. South African filmmaker Lerato stated, “To reduce any kind of human being, irrespective of their sexuality, to a death sentence based on who they identify as and how they choose to live their lives is something that we should all feel very ashamed about as a continent.”
