SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
frank mugisha
Ugandan Court Upholds 'One of the Most Extreme Anti-LGBTI Laws in the World'
"It is shocking that an opportunity was missed to revoke a law that undermines the rights of LGBTI persons in Uganda, their allies, human rights defenders, and activists," said one Amnesty International campaigner.
Apr 03, 2024
Human rights defenders on Wednesday condemned a ruling by the Constitutional Court of Uganda upholding most of the African nation's so-called "Kill the Gays" law criminalizing sex between consenting adults of the same sex and imposing the death penalty for "aggravated homosexuality."
The court's five justices largely affirmed the Anti-Homosexuality Act, 2023 (AHA)—signed into law last year by Ugandan President Yoweri Museveni amid widespread condemnation from Western nations and international human rights groups—as being consistent with the country's constitution.
However, the justices struck down four sections of the law that criminalized renting properties for use in same-sex sexual acts and failure to report such acts to the authorities, finding that those provisions violate portions of the Universal Declaration of Human Rights related to health, privacy, and religious freedom rights.
"This ruling is wrong and deplorable," said Frank Mugisha, executive director of Sexual Minorities Uganda. "Uganda's Constitution protects all of its people, equally. We continue to call for this law to be repealed. We are calling on all governments, [United Nations] partners, and multilateral institutions such as the World Bank and the Global Fund to likewise intensify their demand that this law be struck down because it is discriminatory."
Tigere Chagutah, a regional director at Amnesty International, said that "it is shocking that an opportunity was missed to revoke a law that undermines the rights of LGBTI persons in Uganda, their allies, human rights defenders, and activists by criminalizing consensual same-sex acts, 'promotion' of homosexuality with all its vagueness as an offense, and contemplates the death penalty for the offense of 'aggravated homosexuality."
"As we mark the 10th anniversary of the African Commission's Resolution 275 on the protection against violence and human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity, the government of Uganda must repeal the entire Anti-Homosexuality Act, 2023 and ensure accountability for the attacks against LGBTI people," Chagutah added.
Amnesty called the Ugandan law "one of the most extreme anti-LGBTI laws in the world."
Human Rights Campaign president Kelly Robinson said in a statement: "For the Constitutional Court of Uganda to uphold such a draconian law in any capacity is a horrific display of hatred that will mean further discrimination and physical harm for LGBTQ+ Ugandans. Over the last year, we have mourned the wave of violence targeting the LGBTQ+ community, and we know that this decision will only result in further damage."
Rightify Ghana, which advocates for sexual minorities in Africa, called Wednesday's ruling "deeply disappointing" and "a significant setback for human rights and democracy in Uganda."
"Human rights and democracy are under attack, not just in Uganda, but across Africa," the group added. "It is crucial that our courts uphold the constitution and protect the rights of all citizens, regardless of their sexual orientation or gender identity."
Under the Ugandan law, people convicted of "aggravated homosexuality"—defined as same-sex sexual acts by HIV-positive people or with children, disabled people, or anyone deemed vulnerable—can be hanged to death. The law punishes same-sex acts with life imprisonment and attempted same-sex acts with 10 years behind bars. It also criminalizes the "promotion" of LGBTQ+ rights.
According to the Human Rights Awareness and Promotion Forum, a Ugandan advocacy group, 55 people have been arrested under the law, including three who face possible execution. At least eight people have been subjected to forced anal examinations, while 254 people accused of either being or associating with LGBTQ+ people have been evicted from their homes.
Rights groups have also sounded the alarm on anti-gay "witch hunts" and violence targeting LGBTQ+ Ugandans.
The law has sparked international outrage and alarm. In the United States, the Biden administration responded by cutting aid to Uganda, imposing visa restrictions on its citizens, and canceling a planned regional military exercise.
"The announcement that some provisions of Uganda's Anti-Homosexuality Act have been removed by the Constitutional Court is a small and insufficient step towards safeguarding human rights," White House Press Secretary Karine Jean-Pierre said Wednesday in response to the ruling.
"The United States is deeply concerned about the remaining provisions which undermine public health, human rights, and Uganda's international reputation," she added. "As the president has said time and time again, no one should have to live in constant fear nor be subjected to violence or discrimination. It is wrong. We will continue to work to advance respect for human rights for all in Uganda and also around the world."
The Delegation of the European Union to Uganda also condemned Wednesday's ruling, calling the AHA "contrary to international human rights law."
"The E.U. also regrets the retention of the death penalty, to which the E.U. is opposed in all circumstances," the delegation added.
Advocates have noted the role of European colonization and U.S. evangelicals in demonizing and outlawing homosexuality in Africa.
The Ugandan LGBTQ+ advocacy group Convening for Equality lamented that the Ugandan court missed an opportunity to follow in the footsteps of other African nations including Mozambique, Botswana, Seychelles, Mauritius, Gabon, Cape Verde, South Africa, and Angola that "have recognized anti-gay laws as remnants of colonial rule, and repealed them through law reform processes and court decisions."
"In the summary released describing the basis for their ruling, the court only cited one case by name: the U.S. Supreme Court ruling striking down the right to abortion, Dobbs v. Jackson [Women's Health Organization], as providing justification for upholding criminalization of [LGBTQ+] Ugandans," the group added. "Advocates noted that this could point to influence on Uganda's judiciary by the U.S. extremist hate groups who funded that U.S. Supreme Court challenge."
Keep ReadingShow Less
Ugandan Leader Ripped for 'Grave Assault on Human Rights' After Signing 'Kill the Gays' Bill
"This is a desperately dark day for LGBTI rights and for Uganda," said Amnesty International's deputy regional director for East and Southern Africa.
May 29, 2023
Human rights defenders around the world on Monday condemned Ugandan President Yoweri Museveni after he signed a bill criminalizing same-sex sexual acts between consenting adults and imposing the death penalty for "aggravated homosexuality."
Museveni, who is 78 and has ruled the African nation for nearly four decades, signed the Anti-Homosexuality Bill of 2023, under which people convicted of "aggravated homosexuality"—that is, same-sex sexual acts by HIV-positive people or with children, disabled people, or anyone deemed vulnerable—can be hanged to death. The law punishes same-sex acts with life imprisonment and attempted same-sex acts with 10 years behind bars. It also criminalizes the "promotion" of LGBTQ+ rights.
The bill was initially rejected by Museveni last month because he wanted it amended to include a "rehabilitation" option for LGBTQ+ people who "would like to live normal lives again," according to a presidential spokesperson. The legislation builds on a 2013 law under which life imprisonment was the most severe penalty for same-sex relations. Museveni has said that he finds gay people "disgusting."
"Despite our concerted efforts to stop the passage of the Anti-Homosexuality Bill, the president today has legalized state-sponsored homophobia and transphobia by signing this bill into law," Frank Mugisha, executive director of the advocacy group Sexual Minorities Uganda (SMUG), said in a statement.
"It will erode the rights of LGBTIQ individuals and put innocent Ugandans at crosshairs of grave violations from state and nonstate actors," Mugisha added. "We now look forward to the legal challenge in court, and the law being repealed."
Hours after Museveni signed the bill into law, 11 opponents including Ugandan parliamentary lawmaker Fox Odoi-Oywelowo petitioned the Constitutional Court seeking to block its implementation, the Monitor reports.
\u201cJoint statement by the leaders of the @GlobalFund, UNAIDS and @PEPFAR on #Uganda\u2019s Anti-Homosexuality Act 2023. \n\nRead statement - https://t.co/1xkDKdm2f5\u201d— UNAIDS (@UNAIDS) 1685348829
Amnesty International deputy regional director for East and Southern Africa Flavia Mwangovya said in a statement that "this is a desperately dark day for LGBTI rights and for Uganda."
"The signing of this deeply repressive law is a grave assault on human rights and the constitution of Uganda and the regional and international human rights instruments to which Uganda is a part," she continued.
"The Anti-Homosexuality Bill of 2023 will do nothing other than enshrine discrimination, hatred, and prejudice against LGBTI Ugandans and their allies into law," Mwangovya added. "It's unconscionable that they risk losing their lives, their freedom, their privacy, their freedom of expression, and their ability to live free from discrimination."
The United Nations Human Rights Council tweeted: "We are appalled that the draconian and discriminatory anti-gay bill is now law. It is a recipe for systematic violations of the rights of LGBT people and the wider population. It conflicts with the [Ugandan] Constitution and international treaties and requires urgent judicial review."
\u201c"I am deeply concerned about the consequences of Uganda's Anti-Homosexuality Act 2023. This law violates basic human rights and sets a dangerous precedent for discrimination and persecution against the LGBTQ+ community. Let us stand together in solidarity and fight against\u2026\u201d— Steven Kabuye (@Steven Kabuye) 1685348680
Josep Borrell, the European Union's high representative for foreign affairs and security policy, called the new law "contrary to international human rights law and to Uganda's obligations under the African Charter on Human and People's Rights, including commitments on dignity and nondiscrimination, and the prohibition of cruel, inhuman, or degrading punishment."
In the United States—which gives Uganda about $1 billion in annual assistance—President Joe Biden said in a statement that "the enactment of Uganda's Anti-Homosexuality Act is a tragic violation of universal human rights."
"I join with people around the world—including many in Uganda—in calling for its immediate repeal," Biden continued. "No one should have to live in constant fear for their life or being subjected to violence and discrimination. It is wrong."
\u201c\ud835\udc01\ud835\udc2b\ud835\udc1e\ud835\udc1a\ud835\udc24\ud835\udc22\ud835\udc27\ud835\udc20: President @JoeBiden has asked the National Security Council to evaluate the effects of the enactment of Uganda\u2019s Anti-Homosexuality Act and reevaluate annual $1 billion aid to Uganda.\n\n\u201cI have directed my National Security Council to evaluate the implications of\u2026\u201d— Remmy Bahati (@Remmy Bahati) 1685383924
"This shameful act is the latest development in an alarming trend of human rights abuses and corruption in Uganda," Biden asserted, adding that his administration is considering "sanctions and restriction of entry into the United States against anyone involved in serious human rights abuses or corruption."
Ugandan Parliamentary Speaker Anita Among said her U.S. visa had been revoked.
Even some congressional Republicans—some of whom back anti-LGBTQ+ legislation in the United States—condemned the new Ugandan law, including Sen. Ted Cruz of Texas, who called it "grotesque and an abomination."
\u201cUganda\u2019s President has signed this anti-gay legislation into law. Canada\u2019s stance has not changed: This law is appalling and abhorrent, and we strongly condemn it. We\u2019ll continue to stand with 2SLGBTQI+ people \u2013 and stand up for 2SLGBTQI+ rights \u2013 at home and abroad.\u201d— Justin Trudeau (@Justin Trudeau) 1685393570
Same-sex sexual acts were already illegal in Uganda—one of around 30 African and 60 world nations that criminalize such acts— under the 2013 law and legislation passed during colonization by Britain. Prior to colonization's imported homophobia, Uganda had a history of tolerating sexual diversity, including among the Baganda—the country's largest ethnic group—and Lango, who recognize a third gender, the mudoko dako. King Mwanda II, who ruled the Baganda people in the 1880s, was famously bisexual.
Right-wing evangelical Christians from the United States have played a key role in the introduction of anti-LGBTQ+ legislation in African nations.
\u201cFoiled in the United States, anti-gay evangelicals spread hate in Africa: https://t.co/5igFdIhF7z\u201d— Mother Jones (@Mother Jones) 1373455859
Attacks on LGBTQ+ rights and people—including the murders of activists including David Kato and Brian Wasswa—have increased in Uganda this century.
Mugisha said the new law will "bring a lot of harm" to Uganda's already persecuted LGBTQ+ community.
"We feel so, so, so worried," he toldAgence-France Presse.
Keep ReadingShow Less
Most Popular