Uganda Enacts Anti-Homosexuality Act Prescribing Death Penalty For ‘Aggravated Homosexuality’

The President of Uganda Yoweri Museveni has assented to the stringent Anti-Homosexuality Bill, 2023. The law was initially passed by Parliament on March 22, 2023, having been introduced as a Private Member Bill.

Though the Bill received unanimous legislative support, it was returned to the Parliament by the President on April 27, 2023 suggesting some changes. The House reconsidered the Bill on May 02, 2023 and passed it with amendments to five clauses as suggested by President Museveni, which received his assent on May 26, 2023.

The legislation can be termed as one of the toughest anti-homosexuality laws in the world, which entails very strict punishments for different homosexual activities. For instance, it prescribes compulsory death penalty for committing ‘aggravated homosexuality’.

Section 3(1) of the Act says, “a person who commits the offence of homosexuality in any of the circumstances specified in sub-section (2), commits the offence of aggravated homosexuality and is liable, on conviction, to suffer death.”

Section 3(2) enlists different circumstances when a homosexual act can be termed as ‘aggravated homosexuality’. Section 6 clarifies that ‘consent’ cannot act as a defence which means consensual homosexuality is also equally penalised. Therefore, any person whosoever indulges in homosexuality, notwithstanding with or without consent, shall be liable for life imprisonment as per Section 2(2) of the Act.

However, the Act says that a child who is convicted of homosexuality or aggravated homosexuality shall be liable to imprisonment not exceeding a period of three years.

Further, Section 10 of the Act prohibits same-sex marriage and not only the homosexual couple but any person who witnesses or participates in such marriage is also liable for an imprisonment up to ten years. Also, the law prescribes imprisonment up to twenty years for persons who promote homosexuality.

Notably, a similar legislation was passed by the Uganda Parliament almost a decade back which was later struck down by the Constitutional Court of Uganda in 2014 for being passed without requisite quorum.

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