KAMPALA (May 29) — Ugandan President Yoweri Mueveni has signed one of the toughest anti LGBT laws in the world, which includes the death penalty for “aggravated homophobia.” This move has drawn condemnation from the West and the risk of sanctions by aid donors.
The same-sex relationship was already illegal in Uganda as it is in over 30 African nations. However, the new legislation goes even further.
The law stipulates the death penalty for “serial” offenders against the law, and transmitting a terminal disease like HIV/AIDS via gay sex. The law also dictates a sentence of 20 years for “promoting homosexuality”.
Clare Byarugaba is a Ugandan activist who said that the president of Uganda has legalized homophobia and transphobia by state.
The United States President Joe Biden described the act as “a tragic violation of human rights” and stated that Washington would assess the implications of this law “on every aspect of U.S. engagement in Uganda.”
He said that he was considering taking additional steps against those involved in human rights violations or corruption, such as applying sanctions and restricting entry to the United States.
Museveni was pictured signing a law at his desk with a golden ink pen. The 78 year old has described homosexuality as a “deviation” from the norm and encouraged lawmakers to resist “imperialist pressure”.
Busingye Kabumba told Reuters that a local organization called Human Rights Awareness and Promotion Forum and 10 individuals filed a complaint at the Constitutional Court against the law.
Museveni sent back the original bill, passed in March, and asked parliament to soften some provisions. His ultimate approval in a conservative nation where anti-LGBTQ views have become more virulent in recent years due in part to the campaigning of Western evangelical church groups was not in doubt.
Uganda receives billions in foreign aid every year. Donors and investors could now take adverse measures, just as they did with a bill similar to this nine years ago.
Reprisals?
Asuman Baalirwa told reporters the visa of parliament speaker Anita Among to the United States was canceled after the law had been signed. The U.S. Embassy in Uganda and Among did not respond immediately to requests for comments.
In a statement issued jointly, the U.S. flagship HIV/AIDS programme PEPFAR, Global Fund to Fight AIDS Tuberculosis, and Malaria (UNAIDS), and the Joint United Nations Programme on HIV/AIDS said that the law placed Uganda’s anti HIV fight in “grave jeopardy.”
Dominic Arnall is the chief executive officer of Open For Business. This coalition includes Google and Microsoft. He said that the group had been deeply disappointed by the new law, which he claimed was against the economic interests of Ugandans.
The U.N. Human rights agency declared itself “appalled.”
Uganda’s action could inspire lawmakers in Kenya and Tanzania to seek similar measures.
George Kaluma tweeted, “What a great leader we have in Africa!” Kaluma is a Kenyan parliament member who introduced a bill against LGBT rights in April.
“Kenya follows you in your quest to save humanity.”
Internationally, there has been a great deal of outrage at the inclusion of death penalties for crimes such as transmitting HIV.
The existing Ugandan law stipulates a maximum sentence of 10 years for transmitting HIV intentionally. This does not apply if the person who contracted HIV was aware that their partner had HIV.
The new law, on the other hand, does not distinguish between intentional and non-intentional transmissions and it contains no exceptions based upon HIV awareness.
The revised version of the bill was adopted by parliament earlier this month, after Museveni had returned it. It stipulated that simply identifying as LGBTQ does not constitute a crime. A measure which required people to report homosexual activities has been changed to only require reporting if a child involved.
‘Like Apartheid’
LGBTQ Ugandans have called these changes useless. They claim that law enforcement agencies regularly abuse their legal authority to harass them. The LGBTQ Ugandans said that the passage of in March led to a wave of arrests, evictions, and mob violence.
This issue has been ongoing in Uganda for a long time.
Ugandan courts have struck down a less restrictive anti-LGBTQ 2014 law on procedural grounds after Western governments initially suspended aid, imposed restrictions on visas and reduced security cooperation.
After a conference held in Kampala, which included prominent anti-gay Christian Scott Lively and other representatives from the United States, a bill was introduced in 2009 dubbed the “kill the homosexuals” because it initially proposed executing homosexuals.
Africa’s anti LGBT attitudes have their origins in colonial times, as well as the anti-sodomy sections of Britain’s penal codes. When the UK legalized the same-sex act in 1967, most former colonies had become independent and were not able to inherit the new law.
“We should be ashamed of ourselves as a continent for reducing any human being to death based on their sexuality and the way they live their life,” said South African film-maker Lerato.
“We can compare this to apartheid, if not worse.”
