Lagos, Nigeria — In Uganda, two men face charges of “aggravated homosexuality,” a crime now punishable by death under a newly enacted anti-gay law passed in May. Although homosexuality was already illegal in Uganda, this new law is being criticized as one of the harshest of its kind globally.
In the most recent case, a 20-year-old man was arrested on August 18 and charged with “aggravated homosexuality.” This term encompasses same-sex relations involving an individual who is HIV-positive, a minor, elderly, or disabled. The accused allegedly had relations with a 41-year-old disabled man, according to a spokesperson for Uganda’s prosecution director. The defendant’s legal counsel estimates that it could be six months before the case progresses in court.
This development underscores the perils faced by LGBTQ+ individuals in Uganda following President Yoweri Museveni’s endorsement of the new law, which was overwhelmingly passed by the Ugandan parliament.
Human rights advocates within the East African nation argue that the stringent legislation fuels a hostile environment for sexual minorities, perceived sexual minorities, and those who extend them support. Many from the LGBTQ+ community are now living in concealment due to the law’s enforcement.
In a previous incident, a 43-year-old man was apprehended on July 18 in Jinja City, eastern Uganda. He was charged with engaging in “a sexual act with a child aged 12 years of the same sex.” Prosecutors opted to pursue charges of “aggravated homosexuality” instead of invoking Uganda’s defilement laws, which resemble statutory rape laws in certain jurisdictions. Legal experts speculate that this decision aimed to secure the harshest possible penalty.
Uganda’s existing British colonial-era penal code already penalized same-sex activities, with sentences extending to life imprisonment as prescribed by Ugandan lawmakers.
However, the new law goes further, introducing the death penalty for “aggravated homosexuality” and criminalizing the “promotion of homosexuality,” carrying a maximum sentence of 20 years in prison. This provision potentially targets human rights organizations and advocacy groups offering support to LGBTQ+ individuals.
This legislation also complicates journalistic coverage of such cases in Uganda, as reporters fear that their reporting might be misconstrued as endorsing homosexuality by authorities.
Following the law’s enactment, Human Rights Watch denounced it, asserting that it “violates multiple fundamental rights guaranteed under Uganda’s constitution and breaks commitments made by the government as a signatory to a number of international human rights agreements.”
The World Bank and Washington have both criticized the law, with the former halting new loans to Uganda and the latter imposing visa restrictions on select officials while reviewing aid to the country.
Despite the backlash, Museveni remains resolute in his defense of the law, labeling the World Bank hypocritical and affirming his resistance to external pressures.