Ugandan MPs pass bill imposing death penalty for 'aggravated' homosexuality

23 March 2023, 08:30

New law makes it a crime to identify as LGBT, with severe penalties including life in prison for gay sex

The bill in Uganda passed through the country's parliament with huge support
The bill in Uganda passed through the country's parliament with huge support. Picture: Getty

By Asher McShane

Uganda has passed a bill making it illegal to identify as LGBT and imposing the death penalty for "aggravated homosexuality".

The law introduces capital and life imprisonment sentences for gay sex and “recruitment, promotion and funding” of same-sex “activities”.

“A person who commits the offence of aggravated homosexuality and is liable, on conviction to suffer death,” reads the bill presented by Robina Rwakoojo, the chairperson for legal and parliamentary affairs.

Just two MPs from the ruling party opposed the new legislation.

Homosexual acts are already illegal in Uganda but this bill introduces many new criminal offences.

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Tiugere Chagutah, Amnesty International’s Regional Director for East and Southern Africa, said: “President Yoweri Museveni must urgently veto this appalling legislation, which was passed following a rushed vote on Tuesday evening.

"The law, dubbed the ‘2023 Anti-Homosexuality Bill’, amounts to a grave assault on LGBTI people and is contemptuous of the Ugandan constitution.

“This ambiguous, vaguely worded law even criminalizes those who ‘promote’ homosexuality or ‘attempt to commit the offence of homosexuality’. In reality, this deeply repressive legislation will institutionalize discrimination, hatred, and prejudice against LGBTI people, including those who are perceived to be LGBTI and block the legitimate work of civil society, public health professionals, and community leaders.

“Instead of criminalizing LGBTI people, Uganda should protect them by enacting laws and policies that align with the principles of equality and non-discrimination enshrined not only in Uganda’s Constitution, but also the African Charter on Human and Peoples’ Rights."

The bill will now go to President Yoweri Museveni who can choose to veto it or sign it into law. In a recent speech he appeared to express support for the bill.

Sarah Kasande, a Kampala-based lawyer and human rights activist, tweeted: “Today marks a tragic day in Uganda’s history. @Parliament_Ug has passed legislation that promotes hatred and seeks to strip LGBTIQ individuals of their fundamental rights!”

“The provisions of the anti-homosexuality bill are barbaric, discriminatory and unconstitutional,” she said.

She added: “To the LGBTIQ community, I know this is a difficult day, but please don’t lose hope. The battle is not over; this repugnant bill will ultimately be struck down.”

Gay activist Eric Ndawula tweeted: “Today’s events in parliament are not just immoral, but a complete assault on humanity. It’s frightening that our MPs’ judgment is clouded by hate & homophobia. Who benefits from this draconian law?”

Human rights campaigners have called the law “hate legislation”.

Full details of the law have not yet been published but elements discussed in Uganda’s parliament include:

  • Life in prison for people convicted of grooming or trafficking children for purposes of engaging them in homosexual activities 
  • People or bodies that support or fund LGBT rights also face prosecution and imprisonment
  • Death penalty for ‘aggravated homosexuality’ - for example the sexual abuse of a child, a person with a disability or a vulnerable person or in cases where a victim is infected with a life-long illness

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