On the 29th of May 2023, news broke that the president of Uganda approved the Anti – Homosexuality Act, exercising his power prescribed by Article 91 (3) of the Constitution of Uganda. In a statement released by the parliament of Uganda, the Act is said to ensure the protection of the sanctity of family. The Act is also said to defend the culture, values and aspirations of the people of Uganda which are also said to be consistent with fundamental rights and freedoms as well as respect of human dignity.

What is in this act you may ask? Life imprisonment for anybody that performs a sexual act with a

person of the same sex; if convicted, death penalty for continuously sleeping with people of the same sex; death penalty for sleeping minors, the elderly, the intoxicated and subordinates that are of the same sex as the offender; twenty years of imprisonment for advocating or aiding in advocating for homosexuality by anyone including publishing and broadcasting by the media; bestowing a duty upon citizens to report cases of homosexuality and “rehabilitation” of convicted persons.

The Anti – Homosexuality Act violates the Ugandan LGBTIQ+ community’s constitutional rights to non-discrimination, liberty and dignity.

To treat the LGBTIQ+ community in this manner is to deny them the dignity that they are entitled to by virtue of being human and citizens of Uganda. These laws will make it hard for the LGBTIQ+ community to fully self-actualize, enjoy their rights and to associate freely. They violate the LGBTIQ+ community, its allies and the media’s constitutional rights to free speech and expression. A country that limits advocacy for human rights is one whose democracy and constitutionalism is in jeopardy.

The government of Uganda has a responsibility to uphold its commitments to human rights standards at all levels. The country has ratified the African Charter on Human and People’s rights which speaks to the importance of human dignity as well as eradicating all forms of colonialization. This Act is a result of heavy Christian funding in the country and the laws are influenced by the bible. The Christianity that the anti – homosexuality movement in Africa basis its values on was one of the drivers of colonization and is today its vestige. The idea that homosexuality is UnAfrican is a lie; there is always conversation on how homosexuality was brought to Africa by colonization, and the truth is homophobia is what was brought to Africa by colonization.

This law is intended to help with reducing the “recruitment” of children into homosexuality as well as protect minors from being abused by homosexuals. While it is necessary to protect sexual exploitation of minors, this will not be an effective way of doing it. There is evidence that shows that laws such as these ones make it difficult for victims of abuse to step forward. Anybody that is sexually abused by a person of the same sex will fear being labeled as homosexual.

This law also pushes the narrative that homosexuality threatens masculinity therefore no man will want to admit to having his masculinity “tarnished.” It is important that countries should decriminalize laws against the order of nature so as to improve access to health care services by victims and the general LGBTIQ+ community and reduce the spread of HIV. Criminalizing key populations fosters environments that are conducive for human rights violations that will go unreported.

The 33rd principle of the Yogyakarta principle speaks to Everyone having the right to be free from criminalization and any form of sanctioning based on one’s actual or perceived sexual orientation, gender identity or gender expression. The Ugandan government should work to ensure that legislation and its application thereof do not criminalize sexual orientation, gender identity and expression based on religious and cultural values.

In 2014 the African Commission on Human and Peoples’ Rights adopted Resolution 275, titled, ‘Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity.” This resolution pleads with states to take actions geared towards preventing violence against the LGBTIQ+ community and ensure that human rights defenders working on the human rights of sexual minorities are free from punishment.

This act already has homophobic citizens in the country excited to inflict harm on anyone they perceive to be gay and may even promote conversion therapy in prisons. This calls for citizens of the world to rally behind the LGBTIQ+ community in Uganda.