The Anti-Homosexuality Act 2023: Impact on LGBTIQ+ Rights in Uganda

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The Anti-Homosexuality Act 2023 in Uganda criminalizes homosexuality, imposing stricter punishments and curtailing freedom of speech for LGBTIQ+ individuals. Historical evidence shows that homosexuality is not alien to Africa, but colonial influences have led to stigmatization. The bill, first proposed in 2009, aims to protect Ugandan culture from perceived Western influence. Despite initial invalidation, the Act was eventually signed into law, sparking concerns for the rights and safety of LGBTIQ+ persons in Uganda.

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THE ANTI-HOMOSEXUALITY 2023 AND EXPANDED CRIMINALISATION OF LGBTIQ+ PERSONS IN UGANDA. Pepe Julian Onziema (He/Him/His)

2 AHB2023

IS HOMOSEXUALITY ALIEN TO AFRICA? Historical and anthropological evidence shows that same existed throughout Africa, including in the territories that now make up Uganda, long before colonisation by Western powers. There was no particular stigmatisation of this behaviour; indeed in many cultures it was part of accepted normal relationships between people. Current homophobic attitudes date from the colonial period and are strongest in those countries that were once part of the British Empire. sex relationships King (Kabaka) Mwanga from Buganda (1868-1903)

4 INTRODUCTION The Anti-Homosexuality ACT 2023 in Uganda is a legislation that criminalizes homosexuality in the country further. The ACT was first signed on 24 February 2014, the constitutional court of Uganda ruled the act invalid on procedural grounds. The Anti-Homosexuality Act of 2023, passed by the Ugandan Parliament, curtails freedom of speech regarding LGBT civil rights and imposes stricter punishments for specific homosexual activities. After being read for the third time on 21 March 2023, the bill was sent to President Yoweri Museveni for approval. However, on 21 April 2023, Museveni returned it to Parliament. After minor amendments were made, the bill was passed again on 2 May. Finally, on 26 May, Museveni signed the bill into law.. This presentation gives an overview of the history of criminalization of LGBTIQ+ persons in Uganda and the current impacts of yet another criminalizing legislation. and On 1 August 2014, AHB2023

5 BACKGROUND The Anti-Homosexuality Bill in Uganda was first introduced in October 2009 by Member of Parliament David Bahati. The bill proposed harsh penalties for homosexual acts, including life imprisonment for those convicted of "aggravated homosexuality" - defined as homosexual acts committed by a person with HIV, by an adult with a minor, or by a person in authority over the other participant. The bill also proposed criminalizing the "promotion of homosexuality," which could include advocating for LGBT rights or providing healthcare services to LGBT individuals. The initial purpose of the bill was to strengthen existing laws criminalizing homosexuality in Uganda like the Penal code ACT. Supporters of the bill claimed that it was necessary to protect Ugandan culture and values from what they saw as Western influence promoting homosexuality. On 28th February 2023, a new bill was proposed on the floor of parliament as a private members bill by Honourable Asuman Basalilwa. The bill was gazetted in the Uganda Gazette, an official government publication, signifying the government s position on flagging the bill to go through the legislative process. A certificate of financial implications was also provided and the bill was read for its first reading

PASSING THE AHB 2023 The AHB 2023 was first passed 21 March 2023 but was returned to parliament by the President. The Committee on Legal and Parliamentary Affairs reviewed the concerns and proposals made by the President regarding distinguishing between being a homosexual and actually engaging in acts of homosexuality. The President said the law should be clear so that what is being criminalized is not the state of one having a deviant proclivity but rather the actions of one acting on the deviance or promoting the same. Parliament passed the Anti-Homosexuality Bill, 2023 the second time on 02 May 2023 with amendments to five clauses following proposals by President Yoweri Museveni.

7 KEY PROVISIONS OF THE ANTI-HOMOSEXUALITY ACT Section 3 : Aggravated homosexuality Section 4: Punishment for child offender Section 6: Consent to sexual act is no defence The ACT prescribes death sentence sentence on conviction. Imprisonment of children for a period not exceeding three years. The consent of a person to commit a sexual act does not constitute a defence to a charge Creates the offence of attempted aggravated homosexuality, punishable by imprisonment for up to 14 years. A Seven year and Ten year sentence for property owners and allowing LGBTIQ people to have housing A ten-year sentence for a couple, their wedding guests and witnesses Section 10: Prohibition of same sex Marriage Section 9: Premises AHB2023

8 TRIGGER WARNING AHB2023

IMPACT ON LGBT+ COMMUNITY HYPERVISIBILITY AHB2023 9

IMPACT ON LGBT+ COMMUNITY HOMOPHOBIC ATTACKS, HATE CRIME AND DISCRIMINATION AHB2023 10

SOCIAL LISTENING Using technology we have been able sentiments in media across the board emotions of anger and disgust towards LGBTIQ+ persons in Uganda. In this graph we 16,000 sentiments of disgust on all media platforms in Uganda alone in the last four months. to track indicating see almost AHB2023 11

THE EVOLUTION OF THE ANTI- GENDER MOVEMENT AHB2023 12 The First African Regional Inter-Parliamentary Conference and Dialogue on the Global Challenges to the Protection of the African Child, the African Family, and African Culture and Values was held from March 30 to April 1, 2023 in Kampala, Uganda A silent, but integral partner in this was the U.S.-based Mormon NGO Family Watch International (FWI). While FW attempted to scrub their presence from this event, there is ample evidence of their coordinating role in the design and implementation. FWI is led by Sharon Slater who has spent years cultivating relationships and developing international and sub-regional partners who oppose LGBTI rights and sexual and reproductive health and rights (SRHR). Slater holds key positions in partner organizations like the Political Network for Values (PNfV), and FWI has formally collaborated with many organizations that participated conference. of the individuals in the and Uganda

AHB2023 13 FAMILY WATCH INTERNATIONAL The Ugandan inter-parliamentary convening came two weeks after the Commission on the Status of Women (CSW), which took place in New York City. There, FWI worked closely with the Nigerian mission to the United Nations to organize several side events that showcased some of the participants who were in Uganda for the parliamentary convening. The lengths to which FWI hid itself as an organizer of this meeting was very revealing and suggests that FWI sees a PR peril in going public. Several examples of how they were obfuscating their role in the Uganda convening include: Sharon Slater and her husband, Gregory Slater, not identifying themselves on the program but rather using their middle names, and in the case of Sharon Slater, her maiden name instead; they are billed on the agenda as Deon Ruff and Greg Scott United Nations annual Sharon Slater speaking to President Museveni at the conference break

14 IT IS OUR DUTY TO FIGHT FOR OUR FREEDOM. IT IS OUR DUTY TO WIN. WE MUST LOVE EACH OTHER AND SUPPORT EACH OTHER. WE HAVE NOTHING TO LOSE BUT OUR CHAINS. Assata Shakur AHB2023

AHB2023 15 MOVING FORWARD We continue our almost 20-year journey to advocate for the rights of the LGBTIQ+ community in Uganda through campaigns, education, and awareness programs. We continue to engage even in this trying time to push for legal reforms that protect the rights of LGBT+ individuals in Uganda and we will defeat this legislation yet again. We remain steadfast in our commitment to ensuring safety and security by actively reacting to human rights violations, collaborating with policymakers, and leading in mobilizing and organizing the LGBTIQ movement in Uganda.