Anyone convicted for engaging in acts of homosexuality in Uganda will face 10 years in prison while anyone caught attempting to engage or lure other people in acts of sodomy risks 2 years in prison -according to the new law under formulation.
The Anti-Homosexuality Bill 2023, still in draft form, criminalizes promotion or recognition of sexual relations between persons of the same sex, prohibits marriage between persons of the same sex; prohibits the promotion of homosexuality; and introduces provisions to protect and provide assistance and payment of compensation to victims of homosexuality.
According to the bill, a person commits the offence of homosexuality if the
person—
(a) penetrates the anus or mouth of another person of the same
sex with his penis or any other sexual contraption;
(b) uses any object or sexual contraption to penetrate or
stimulate the sexual organ of a person of the same sex;
(c) touches another person with the intention of committing
the act of homosexuality;
(d) holds out as a lesbian, gay, transgender, a queer or any
other sexual or gender identity that is contrary to the binary
categories of male and female.
Section 3 of the bill slaps 10 years in prison for aggravated homosexuality if the person against whom the offence is committed is below the age of eighteen years; a person living with HIV; the offender is a parent or guardian of the person against whom the offence is committed; and if the offender is a person having authority or control over the person against whom the offence is committed.
The law prescribes the same punishment if the victim of the offence is a person with disability; the offender is a serial offender; or the offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to
stupefy or overpower him or her so as to enable any person to have unlawful carnal connection with any person of the
same sex.
However, a person charged with the offence under this section shall undergo a medical examination to ascertain his or her HIV status.
According to Bugiri Municipality MP Hon. Asuman Basalirwa who is introducing the bill, there exists defects in existing law and the proposed legislation is designed to address the gaps in the
provisions of other laws in Uganda. He cites the Penal Code Act, Cap. 120 that has no comprehensive provision catering for anti-homosexuality and lacks provisions for penalising the procurement, promoting, disseminating literature and other pantographic materials concerning the offences of homosexuality. As a result, Basalirwa says there is need for a legislation to enhance offences relating
to homosexuality and clear provisions for charging, investigating, prosecuting, convicting and sentencing of offenders.
The Anti-Homosexuality Bill states that the objective is to protect the cherished culture of the people of Uganda, legal, religious, and traditional family values of Ugandans against the acts of sexual rights activists seeking to impose
their values of sexual promiscuity on the people of Uganda.
The objective of the Bill already gazetted as No. 3 of 2023, is to establish a comprehensive and enhanced legislation to protect the traditional family in Uganda by prohibiting any form of sexual relations between persons of the same sex. It seeks to protect children and youth who are made vulnerable to sexual abuse through homosexuality and related acts, and to strengthen the nation’s capacity to deal with emerging internal and external threats to the traditional, heterosexual
family.
This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic.
The bill also introduces tough penalities for breach of privacy of victims and ny editor, publisher, reporter or columnist in case of
printed materials, announcer or producer in case of television and
radio, producer or director of a film in case of the movie industry,
or any person utilising trimedia facilities or information technology
who publishes or causes the publicity of the names and personal circumstances or any other information tending to establish the victim’s identity without authority of the victim or court, commits an offence and is liable, on conviction, to a fine not exceeding 50million.
Conspiracy to engage in homosexuality, use of intimidatiin or inducing another person of the same sex by any means of false pretence or other fraudulent means to permit any person of the same sex to have unlawful carnal knowledge
of him or her is an offence and the culprit is liable, on conviction, to
imprisonment for two years.
The re-introduction of the bill follows public outcry over prevalent cases of homosexuality in Uganda especially in schools. Efforts by parliament to introduce a simillar legislation in in 2014 collapsed when the Constititutional Court rule annuled it for lack of quorum.