UGANDAN ANTI-HOMOSEXUALITY ACT IS LAW
On Monday, May 29, 2023, despite condemnation from world leaders and human rights groups, President Museveni signed the Anti-Homosexuality Act into law, allowing openly homosexual people to be punished with life imprisonment. The Act includes the charges of "aggravated homosexuality" and "attempted homosexuality" with sentences of up to 14 years in prison. Family members can be criminalized for not turning in relatives. The bill also requires any one to report any known LGBTQ+ person to the authorities and will punish any property owners/landlords who provide housing to LGBTQ+ persons.
President Biden called the law “the latest development in an alarming trend of human rights abuses and corruption in Uganda.”
“This bill is based on conspiracy theories aimed at erasing the lives of LGBTQ Ugandans. It has created more hatred and violence on an already vulnerable community, and sadly unprecedented harm.” said Dr. Frank Mugisha, Uganda LGBTQ Activist.
LGBTQ+ people are convenient scapegoats for leaders to rally support from conservative parts of their societies to deflect from incompetence, corruption, or abuse. This is the case in Uganda.
Under the Act:
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The maximum penalty for homosexual acts is life imprisonment, while the maximum penalty for attempted homosexual acts is imprisonment for 10 years. Furthermore, people convicted of homosexuality or attempted homosexuality cannot be employed in childcare facilities even after release.
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The maximum penalty for "aggravated homosexuality" is death, while the maximum penalty for attempted "aggravated homosexuality" is imprisonment for 14 years. Furthermore, people convicted of aggravated homosexuality or attempted aggravated homosexuality cannot cannot be employed in childcare facilities even after release. Aggravated homosexuality is defined as sexual intercourse with a person older than 75 or younger than 18, a person not consenting or unable to consent, or a disabled or mentally ill person. Serial offenders (meaning those who were convicted of homosexuality multiple times) are also defined as "aggravated homosexuals".
- The maximum penalty for minors convicted of homosexuality is imprisonment for 3 years.
- The maximum penalty for knowingly renting premises to people who wish to engage in homosexual acts on such a premise is imprisonment for 10 years.
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The maximum penalty for promoting homosexuality is imprisonment for 20 years.
- The maximum penalty for sharing homosexual pornography with a minor is imprisonment for 20 years.
- The maximum penalty for recruitment or transportation of a child to facilitate homosexual sex is imprisonment for life.
- The maximum penalty for "purporting to contract a same-sex marriage", as well as for knowingly attending a purpoted same-sex marriage ceremony is imprisonment for 10 years.
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The maximum penalty for failing to report a witnessed homosexual act involving a "vulnerable" person is imprisonment for 5 years. Lawyers acting in their official capacity are exempt from this provision.
- The maximum penalty for falsely accusing another person of homosexuality is imprisonment for 1 year.
Additionally, the Ugandan National Bureau for NGOs of Ministry of Internal Affairs is investigating operations of NGOs (nonprofits) suspected to be involved in promotion of LGBTQ+ activities. Several NGOs have been shut down.
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