Breaking Down the 12 Offences and Penalties in the New Anti-Gay Legislation

On Tuesday, the controversial Anti-Homosexuality Bill, 2023 was enacted, prescribing tough penalties for offences covering participating in, promotion, facilitation, and failure to report acts of homosexuality.

This new legislation has sparked widespread concern and condemnation from human rights groups and LGBTQ+ communities around the world. In this article, we break down the 12 offences and penalties outlined in the new law and explore their potential impact on the LGBTQ+ community in the country.

§  20-year imprisonment Attempted homosexuality

§  10-year imprisonment Aggravated homosexuality

§  Death Attempted Aggravated homosexuality

§  14-year imprisonment Child homosexuality

§  Three-year imprisonment Child grooming (recruiting, displaying/ distributing material displaying same-sex sexual acts, performing a same-sex-sexual act in presence of a child)

§  20-year imprisonment allowing use of any premises for purposes of homosexuality [owner, occupier or manager]

§  10-year imprisonment purporting to contract, presiding over, witnessing, attending a same-sex marriage

§  10-year imprisonment Promotion of homosexuality [encourages or persuades same-gender sexual acts, advertises, publishes, provides financial support, uses or allows another person to use any premises for homosexuality]

§  Promotion of homosexuality [encourages or persuades same gender sexual acts, advertises, publishes, provides financial support, uses or allows another person to use any premises for homosexuality], 20-year imprisonment

§  Promotion by a legal entity – Fine of 50,000 currency points – Suspension (10 years) or cancellation of license

§  Failure to disclose sexual offences record when applying for a job in a child care institution Two-year imprisonment and termination

§  Failure to report intentions or acts of homosexuality A fine of Shs100m, or imprisonment for six months.

In a statement, the UN High Commissioner for Human Rights, Mr Volker Turk, asked Mr Museveni to abstain from assenting to the Bill. 

“The passing of this discriminatory Bill – probably among the worst of its kind in the world –- is a deeply troubling development,” he said in a statement. If signed into law by the President, it will render lesbian, gay and bisexual people in Uganda criminals simply for existing, for being who they are. It could provide carte blanche for the systematic violation of nearly all of their human rights and serve to incite people against each other,” he said. 
Similar sentiments were echoed by the US Secretary of State, Mr Anthony Blinken.

https://twitter.com/sparktvuganda/status/1638846545981476864

“The Anti-Homosexuality Act passed by the Ugandan Parliament yesterday would undermine fundamental human rights of all Ugandans and could reverse gains in the fight against HIV/Aids. We urge the Ugandan government to strongly reconsider the implementation of this legislation,” Mr Blinken tweeted. 

The Speaker of Parliament Anita Among revealed Thursday that she was flooded with threats ahead of the passing of the Anti-Homosexuality Bill, 2023 by the House.
Parliament on Tuesday passed the Bill, introducing tough penalties, including death for aggravated homosexuality, as well as imprisonment of up to 20 years for acts of homosexuality, promoting homosexuality, child grooming and promotion of homosexuality. 

In the revelation made during the special service prayers in remembrance of her predecessor, the late Jacob Oulanyah at Parliament on Thursday morning, Ms Among indicated that she was forced to switch off her phones hours to presiding over the plenary session that passed the controversial Bill that has stirred mixed reactions from stakeholders.

"For your information I got a lot of threats. I was intimidated. We are going to lose out drugs of AIDs, aid is going to be cut off. Tourism, trade, export [is going to be cut] I said so what?" the Bukedea Woman MP said.

"I got a lot of calls; I was forced to switch off my phones. I said let me finish this session. I want to thank the legal brains [in the House like] Hon [Medard] Ssegona; you did a great job. I want to promise the Ugandans, MPs that once we are united, nobody will separate us." She added

In Africa many countries have moved ahead to ban homosexuality and these countries  include Ghana, Nigeria, Sudan, Tanzania, Zimbabwe and Zambia, among others.