The Anti-Homosexuality Act, 2023 is a law passed by the Parliament of Uganda that imposes severe restrictions on LGBT rights, including criminalizing the promotion of homosexuality and introducing some of the harshest penalties in the world for same-sex relations.
Passage of the Law
On 21 March 2023, the bill was passed in Parliament and sent to President Yoweri Museveni. He returned it for reconsideration on 21 April, after which it was passed again with minor amendments on 2 May. The bill was finally signed into law by the President on 26 May 2023.
Key Provisions
- Life imprisonment is prescribed for consensual same-sex relationships.
- Death penalty applies in cases categorized as “aggravated homosexuality”, including:
- Repeat (serial) offenders
- Same-sex rape
- Same-sex acts involving persons with disabilities or mental illness
- Acts involving elderly individuals (75+)
- Acts committed by someone in a position of authority
- Acts involving coercion or intimidation
- Promotion or normalization of homosexuality is criminalized, with penalties of up to 20 years in prison and heavy fines.
The act also criminalizes:
- Identifying as LGBTQ+
- Same-sex marriage or participation in related ceremonies
- Public advocacy, publication, funding, or offering premises for homosexual acts
Public and International Reaction
The bill enjoys broad support within Uganda, where polling shows strong public approval. It passed Parliament with near unanimity. However, it has drawn widespread international condemnation, including from the United States, United Kingdom, Canada, Germany, the European Union, and many local and international human rights organizations.
Background
Anti-Homosexuality Act of 2014
Uganda had previously passed an anti-LGBT law in 2013, which included life imprisonment for same-sex relations. Initially nicknamed the “Kill the Gays Bill” due to its proposed death penalty clauses, the act was signed by President Museveni in February 2014. However, it was nullified by Uganda’s Constitutional Court in August 2014 on procedural grounds.
Sexual Offences Bill of 2021
In May 2021, Parliament passed a Sexual Offences Bill that also criminalized same-sex relationships and addressed sexual violence. President Museveni vetoed the bill in August 2021, stating that much of its content was already covered under existing laws.
Provisions of the 2023 Law
When first introduced by MP Asuman Basalirwa on 28 February 2023, the bill aimed to:
- Prohibit same-sex sexual relations and their promotion or recognition
- Protect the “traditional family” and Ugandan cultural values
- Counter influence from sexual rights activists
- Safeguard children and youth from exposure to homosexuality
Specific Offences and Penalties
The bill defines a wide range of offences:
- Homosexuality: Includes gay sex, physical contact with intent, or self-identification as LGBTQ+. Punishable by 10 years in prison.
- Aggravated Homosexuality: Includes acts committed by persons with HIV, authority figures, or involving coercion, disability, or repeat offences. Punishable by life imprisonment or death.
- Attempted Homosexuality: Punishable by 2 years (or 10 years for aggravated attempts).
- Same-Sex Marriage or Ceremonies: Punishable by 10 years.
- Promotion of Homosexuality: Includes publication, funding, or organizing. Punishable by up to 5 years and heavy fines (up to approx. $25,000).
- Aiding and Abetting: Assisting or encouraging homosexual acts is punishable by 2 years.
- Brothels or Premises for same-sex activity: Punishable by 7 years (and 1 year for encouraging attendance).
- Rehabilitation Orders: Courts can issue protection orders for children considered “at risk” of engaging in homosexual acts.
The act excludes consent as a legal defense, mandates closed court hearings in certain cases, and restricts publication of victim identities without permission.
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