Uganda has had a long and contentious history when it comes to LGBTQ+ issues. The country has been known for its conservative stance and hostility towards the community. In 2009, Uganda sought to codify this hostility with the introduction of the Anti-Homosexuality Bill. Although the bill did not pass at the time, it laid the groundwork for the more draconian Anti-Homosexuality Act of 2014. Recently, the Ugandan government has re-introduced yet another iteration of the bill – the Anti-Homosexuality Bill of 2023.
The Bill was first passed 21 March 2023 by Parliament but was returned by the President who needed several concerns clarified.
The Committee on Legal and Parliamentary Affairs reviewed the concerns and proposals made by the President regarding distinguishing between being a homosexual and actually engaging in acts of homosexuality.
This Anti-Homosexuality Bill of 2023 proposes to criminalize same-sex relations, expand the definition of “promotion of homosexuality,” and criminalize speech or communication supportive of LGBTQ+ individuals. It also includes the death penalty for what it terms “aggravated homosexuality.” If passed, the bill would lead to unimaginable human rights violations against the already marginalized LGBTQ+ community in Uganda.
The Anti-Homosexuality Bill of 2023 is not the first bill of its kind to be introduced in Uganda. The Penal Code Amendment Bill of 1956 criminalized homosexual conduct, and since then, the government has passed several laws aimed at suppressing the community. The 2009 Anti-Homosexuality Bill, for instance, proposed the death penalty for same-sex relations. Although the bill was not ratified, it created an environment of fear and distrust within the LGBTQ+ community and led to an increase in homophobic violence.
The Anti-Gay Legislation continued in 2014 with the passage of the Anti-Homosexuality Act. The law increased the punishment for previous homosexual activity to life imprisonment, attempted homosexuality to a period of seven years, and supporting homosexuality to a period of five years. The Ugandan government passed the law after several years of advocating for its ratification, which resulted in international criticism and condemnation. The Anti-Homosexuality Act was then nullified on a technicality by the Ugandan constitutional court.
The proposed Anti-Homosexuality Bill of 2023 evokes similar outrage at home and abroad. The United Nations and the African Union have condemned the bill, denouncing it as a violation of human rights. Several NGOs and civil society organizations have called on the Ugandan government to abandon the legislation. At home, the bill has sparked protests and a campaign to rescind it.
The Anti-Homosexuality Bill of 2023 has significant implications for the Ugandan LGBTQ+ community. If passed, the bill would impact the health and safety of LGBTQ+ individuals and would make it harder for them to access essential services such as healthcare, housing, and education. The bill would also put the lives of LGBTQ+ individuals at risk and force them into hiding.
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