Ugandan President Yoweri Museveni has signed into law the ‘anti-homosexuality’ law providing for heavy penalties for same-sex relations and the ‘promotion’ of homosexuality, despite outrage from numerous NGOs and threats from Western governments.
“The President has approved the Anti-Homosexuality Bill 2023. It now becomes the Anti-Homosexuality Bill 2023,” the Ugandan Presidency announced in a brief statement on its official Twitter account on Monday.
The vote on this bill in Parliament on March 21 sparked an international outcry. The UN High Commissioner for Human Rights, Volker Türk, had denounced a “discriminatory text – probably the worst in the world of its kind”.
President Museveni had asked parliamentarians at the end of April to “re-examine” the text and to clarify that the “fact of being homosexual” was not a crime, but that only sexual relations were.
In a version modified at the margin and voted unanimously minus one vote on May 2, the elected officials had included in the text that “a person who is presumed or suspected of being homosexual, who has not committed sexual act with another person of the same sex, does not commit the offense of homosexuality”.
In this East African country where homosexuality is illegal, “acts of homosexuality” are punishable by life imprisonment since a law dating from British colonization.
In the new text, the parliamentarians however maintained, against the opinion of the Head of State, a provision making “aggravated homosexuality” a capital crime, which means that repeat offenders may be sentenced to death. In Uganda, the death penalty has not been applied for years.
“Contemptuous law”
A provision on the “promotion” of homosexuality also worries gay rights organizations.
According to the text, anyone — individual or organization — “knowingly promotes homosexuality” faces up to 20 years in prison. If it is an organization, it risks a 10-year ban.
Frank Mugisha, executive director of Sexual Minorities Uganda, a gay rights organization whose activities were suspended by the authorities last year, was alarmed by the near-unanimous vote for the text, which he said “shows how extreme and homophobic parliamentarians are and puts LGBTQ people even more at risk.”
The new version had been condemned by Amnesty International. The NGO had asked President Museveni to oppose this “contemptuous law (which) flagrantly violates the human rights of LGBTI people in Uganda”.
After the initial March 21 vote, the White House warned of potential economic “consequences.”
And in a resolution on April 20, MEPs deplored “President Museveni’s contribution to the rhetoric of hatred against” LGBT+ people.
The President of Parliament, Anita Among, welcomed Monday the promulgation of the text by Mr. Museveni, who himself regularly describes homosexuality as “deviance”.
“As the Parliament of Uganda, we have heeded the concerns of our people and legislated to protect the sanctity of the family […] We have stood firm in defending the culture, values and aspirations of our people,” she said in a statement.
This law enjoys broad popular support and opposition reactions have been rare in this country ruled with an iron fist since 1986 by Yoweri Museveni, where the repression against civil society, lawyers and activists has increased these years, according to many human rights organisations.
Homophobia is widespread in Uganda, as across the rest of East Africa.
While there have been no recent prosecutions for homosexual acts, harassment and intimidation are the daily life of homosexuals in Uganda, where an evangelical Christianity has developed that is vehement towards the LGBT+ movement.