Uganda Passes Law Imposing Imprisonment, Death Penalty Against LGBT+ People

Anti-gay bill passed after President Museveni’s Veto last April.

Ugandan President Yoweri Museveni has signed into law revised anti-LGBT+ legislation after vetoing a harsher first draft.

The country's Anti-Homosexuality Act 2023 initially criminalized individuals identifying as part of the LGBT+ community but was later dropped after concerns were raised regarding the penalty as an attack on human rights.

However, the law still retained clauses pertaining to capital punishment for "aggravated homosexuality," which was defined by the law as cases of sexual relations involving people infected with HIV, as well as with minors and other categories of vulnerable people.

In addition, the law stipulated those sentenced with "attempted aggravated homosexuality" could face up to 14 years imprisonment.

In a statement, Ugandan Parliament speaker Anita Among said Museveni "answered the cries of our people."

Veto fears

Many in Uganda supported the anti-gay legislation and were concerned the bill would die by technicality after Museveni vetoed the original bill last April.

Anti-gay sentiment in Uganda increased in recent weeks after local media reported a string of alleged sex abuse incidents in boarding schools. A highlighted case was that of a prestigious school for boys, where one parent accused a teacher of sexually abusing her son.

The country was also one of many in Africa that were outraged with the Church of England's decision to allow priests to bless same-sex marriages and civil partnerships despite the ban on getting married in the church.

Museveni asked parliament for changes to differentiate identifying as LGBT+ and engaging in homosexual acts. The veto angered lawmakers proposing the bill, including some who feared Museveni might veto the bill amid international pressure.

Lawmakers passed a revised version earlier in May.

Homosexuality is criminalized in more than 30 African countries, with some seeing the identity as a behavior imported outside the continent and not a sexual orientation.

Internal and external criticism

Despite the watered-down nature of the legislation, LGBT+ rights campaigners say the law was unnecessary in a nation where homosexuality has already been illegal under a British colonial-era law criminalizing sexual activity "against the order of nature," which is punishable by life imprisonment if convicted.

The United States warned Uganda of economic sanctions over the law, with Amnesty International calling it "draconian and overly broad."

Meanwhile, the UN Human Rights Office said it was "appalled" that the bill has been signed into law. They have also described the legislation as "a recipe for systematic violations of the rights'' of LGBT+ people within the country.

The leaders of the UN AIDS program, the US President's Emergency Plan for AIDS Relief, and the Global Fund made a joint statement Monday saying they were "deeply concerned about the harmful impact" of the legislation on public health and the progress on the country's HIV response, which the statement labeled as "now in grave jeopardy."

"The Anti-Homosexuality Act 2023 will obstruct health education and the outreach that can help end AIDS as a public health threat," the statement said.

Exodus of gay Ugandans

For many LGBT+ Ugandans who escaped the country, the law's passage meant they might never return to their homeland again.

A 32-year-old gay Ugandan asylum seeker who requested to stay anonymous told The Washington Post he fled the country in 2018 out of fear of being identified as part of Uganda's underground LGBT+ community.

"I feel the fear, like that morning I ran away from my home," he said "I am in the refugee camp at the moment and never felt so disillusioned in my life."

Meanwhile, 38-year-old Jude, who asked to be identified only with his first name, said the fear many LGBT+ Ugandans experience because of the law's passing was a "tragedy" in their community.

"I have no option in Uganda," he said.

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