Uganda's Anti-Homosexuality Act, 2023: A Disturbing Setback for Human Rights

Date: 14 June 2023

Keketso Kgomosotho, Researcher, Ludwig Boltzmann Institute of Human Rights

Vienna - On May 29, 2023, Ugandan President Yoweri Museveni officially signed into law the
Anti-Homosexuality Act of 2023, a piece of legislation aimed at eradicating basic human
rights that are fundamental to the lives of LGBTQ individuals in Uganda.

This new Act is a devastating blow to the human rights project, violating several key human
rights, including the rights to life, privacy, equality, bodily autonomy, dignity, freedom of
expression, and freedom from discrimination. The Act solidifies and emboldens perpetrators
of violence against LGBTQ individuals in Uganda, many of whom are forced to leave their
homes for safer boarders.

Disturbing Provisions of the Act

o The Act creates the criminal offenses of ‘homosexuality’ and ‘aggravated

homosexuality,’ punishable by severe legal sanctions, including life imprisonment
and the death penalty.
o Any attempts at homosexuality, including flirting, texting, or making sexual advances
with someone of the same sex, carry a prison sentence of at least 10 years.
o Children convicted of homosexuality face a three-year prison sentence.
o The Act imposes a duty on ordinary citizens to report homosexuality to the
authorities, fostering an atmosphere of fear, surveillance, and intrusion into people's
private lives.
o The Act also criminalizes the promotion of homosexuality, effectively stifling the
work of human rights defenders and NGOs advocating for LGBTQ and human rights.

Blatant Violations of Human Rights

- The Act's provisions blatantly violate fundamental human rights and international
treaties to which Uganda is a State Party.
- Criminalizing same-sex relations and transgender identities perpetuates gender-
based violence and discrimination, as highlighted by UN expert reports.
- The criminalisation of LGBTQ individuals violates their human rights, including the
rights to privacy, non-discrimination, freedom of expression, and freedom from
torture or other cruel, inhuman, or degrading treatment or punishment.
- The Act infringes on the right to privacy by criminalising consensual same-sex
relationships and imposing a duty to report on individuals' private sexual activities,
creating an atmosphere of fear and intrusion into personal lives.
- The severe penalties and potential death penalty imposed by the Act violate the
African Charter on Human and Peoples' Rights, which protects the right to freedom
from cruel, inhuman, or degrading treatment.
 - The use of the death penalty for non-violent acts, including consensual sexual
relations, is a violation of international human rights law, as confirmed by the UN
Commission on Human Rights and the UN Human Rights Committee.
- The Act fails to recognize and protect LGBTQ children, disregarding their best
interests and the Convention on the Rights of the Child's requirement to protect
them from violence.

The introduction of the Anti-Homosexuality Act underscores a troubling political tactic

employed by the Ugandan government, in which the already marginalised LGBTQ
community is targeted to effectively divert attention from pressing socio-economic issues
that plague the country, such as corruption, healthcare concerns, education, and other
economic deficits. Critics argue that the Act serves as a political smoke screen, redirecting
public focus away from these critical matters and exploiting divisive issues for political gain.

As the international community grapples with this alarming situation, we are reminded that
the battle for human rights and equality is far from over. The Anti-Homosexuality Act of
2023 serves as a stark reminder of the ongoing struggle faced by LGBTQ individuals across
the globe. As we observe Pride Month, let us be mindful of the urgent need for action to
protect the rights of the LGBTQ persons, through meaningful solidarity and a renewed
vigour to uphold and respect for human rights of every person.

Links:

o For further information on the Anti-Homosexuality Act of 2023 and its impact, please
refer to the following Policy Brief: [PDF Link to Policy Brief once uploaded to
website].