Modern anti-gay regulations continue to threaten the lives and safety of Ugandan LGBTQ+ individuals.
Group Marching in Support of Uganda’s LGBTQ+ Community. Alisdare Hickson. CC BY-SA 2.0.
Known for having one of the world’s harshest LGBTQ+ rights records, the Ugandan parliament has pursued longstanding efforts to diminish same-sex activity within the country. As a result of 19th-century British colonization, the severe criminalization of homosexuality set the stage for modern homophobic sentiments. This culminated in the Anti-Homosexuality Act of 2023, which was later upheld by the Ugandan parliament in April 2024.
The 2023 Anti-Homosexuality Act was signed into law by Ugandan President Yoweri Museveni in May 2023, enforcing strict restrictions against LGBTQ+ individuals. Implementing harsh penalties, the act demands life imprisonment for consensual same-sex activity and the death penalty in cases of “aggravated homosexuality,” a term that denotes any same-sex act that involves people under 18, older than 75, those with a disability, or when consent is not given or cannot be given. This act is not the first attempt to limit LGBTQ+ rights in Uganda. In 2010, the Ugandan parliament passed a bill introducing similarly anti-gay legislation that was eventually ruled illegal by the constitutional court due to its lack of necessary quorum. In 2021, however, the president succeeded in passing a sexual offenses bill that criminalized same-sex relationships and sex work in Uganda.
While the Ugandan government has praised such legislation as acting in the country’s best interest, the persistent condemnation of same-sex actions has negatively impacted the lives of LGBTQ+ Ugandans. This has not only promoted anti-gay views but has also threatened lives through the reduction of HIV prevention and perpetuation of societal abuse. In an interview with Amnesty International, Ugandan activist and founder of the gay and intersex rights organization Freedom and Roam Uganda (FARUG), Jacqueline Kasha described the new law’s impact on her community. She contends that advocacy and visibility for LGBTQ+ individuals have sharply diminished with the aggressive crackdown: “Several LGBTI persons have since gone underground which is now impeding all our efforts, especially in the health sphere in the fight against HIV, mental illness and economic disparities.” The 2023 Act has allowed anti-gay groups to accuse or arrest people with little evidence or reasoning. As such, LGBTQ+ individuals are vulnerable to attack when outside the safety of their homes, forced to hide their identities under the threat of violence. Furthermore, those in need of HIV services have become disproportionately vulnerable to health risks, driven away from receiving care due to fear of criminal punishment or discrimination.
The first case of “aggravated homosexuality” has already come into effect: 21-year-old Michael Opolot was arrested in August 2023 after allegedly participating in public sexual activity with another man reported to have a disability. While the new act permits this arrest, there has not been any evidence submitted by police to substantiate claims that the alleged victim is disabled and therefore could not give consent. Opolot’s case has provoked Ugandan activists to challenge the law's constitutionality, citing the act’s contradiction of citizens’ freedom from discrimination and rights to privacy and health. Moreover, they have noted that Opolot’s case demonstrates the senseless oppression of LGBTQ+ individuals. Ugandan activist Clare Byarugaba affirmed that this mistreatment not only violates human rights but also suppresses advocacy, as “activists, public health workers, and others face long prison sentences and hefty fines” for attempting to voice support.
As a result of such political, social and health persecution, the LGBTQ+ population in Uganda has been left unprotected and endangered by intimidating threats. Although Uganda’s government views the recent passing of anti-homosexual legislation as a “step forward” for the country, many in the LGBTQ+ community have experienced the opposite result in their daily lives. Several international organizations and governments have commented on the bill, with United States President Joe Biden describing the act as a “tragic violation of universal human rights,” and the Joint United Nations Programme on HIV/AIDS (UNAIDS) explaining that “criminalizing populations most at risk of HIV, such as the LGBTQ+ communities, obstructs access to life-saving health and HIV services.” Despite such international criticism, anti-homosexuality continues to loom largely over Uganda and LGBTQ+ existence within the country.
TO GET INVOLVED
Those looking to support LGBTQ+ communities in Uganda can do so by getting involved with organizations dedicated to supporting individuals inside the country as well as those who have fled. Such organizations include: Sexual Minorities Uganda (SMUG), an LGBTQ+ advocacy organization, Universal Coalition of Affirming Africans Uganda (UCAA - UG), a human rights organization advocating for human rights and marginalized people, and Global Black Gay Men Connect (GBGMC), a group collaborating with Uganda Key Populations Consortium (UKPC) and SMUG to launch an emergency response fund to support LGBTQ+ Ugandans.
Julia is a recent graduate from UC San Diego majoring in Sociocultural Anthropology with a minor in Art History. She is passionate about cultural studies and social justice, and one day hopes to obtain a postgraduate degree expanding on these subjects. In her free time, she enjoys reading, traveling, and spending time with her friends and family.