Men face death penalty under Uganda’s brutal anti-gay laws

Homosexuality was already illegal in the highly conservative east African nation, but earlier this year, Uganda rolled out a brutal crackdown on the LGBTQI community after passing even stricter legislation via the Anti-Homosexuality Act.

Under the controversial laws, those found “guilty” of engaging in homosexual acts can be imprisoned for life, and same-sex marriage is also banned.

Meanwhile, those convicted of “aggravated homosexuality” – which involves sexual acts with children, vulnerable people such as those with disabilities or the elderly, incest or forcing someone to have same-sex relations – can face capital punishment.

Last month, a 43-year-old man became the first in the nation to be charged with the new crime for allegedly performing “a sexual act with a child aged 12 of the same sex”, a Director of Public Prosecutions spokeswoman told CNN.

On August 18, a 20-year-old man was also charged with aggravated homosexuality after he allegedly “performed unlawful sexual intercourse with one [man] aged 41 with a disability”.

Justine Balya, the 20-year-old’s lawyer, told the news outlet the penalties her client was facing were unreasonable and that the law “seeks to criminalise what is often consensual conduct between adults”.

Both men charged with aggravated homosexuality could face court next month – and while Uganda has not carried out an execution since 2005, President Yoweri Museveni in 2018 issued a chilling threat to resume the practice.

‘Tragic violation’

Unsurprisingly, the laws have sparked widespread fury, with the World Bank pausing loans to Uganda earlier in August and the United Nations revealing it would close its human rights office in the nation as a result.

The US is also restricting visas for some Ugandan dignitaries, and President Joe Biden has publicly condemned the legislation as “a tragic violation of universal human rights”.

Human Rights Watch has also slammed the laws, claiming it “violates multiple fundamental rights guaranteed under Uganda’s constitution and breaks commitments made by the government as a signatory to a number of international human rights agreements”.

“Museveni’s signing of the anti-homosexuality bill is a serious blow to multiple fundamental rights, including the rights to freedom of expression and association, privacy, equality, and non-discrimination,” the organisation stated.

“The Ugandan government is obligated to guarantee these rights for all people, including sexual minorities. It should take steps to create an environment that prevents violence and discrimination against LGBT people, in Uganda and the region.”

And in a joint statement, Global Fund, UNAIDS and PEPFAR claimed that “Uganda’s progress on its HIV response is now in grave jeopardy. The Anti-Homosexuality Act 2023 will obstruct health education and the outreach that can help end AIDS as a public health threat. The stigma and discrimination associated with the passage of the Act has already led to reduced access to prevention as well as treatment services…”

Meanwhile, the news of the two men’s grim fate has also outraged everyday people, with countless social media users slamming the development.

“F**K UGANDA AND ITS BIGOTRY. Religious colonial attitudes that are as repugnant as these lawmakers are backward,” one Twitter user posted in response, with another writing the men “could be ‘legally murdered’ for being gay. We’re better than this”.

“An actual crime against humanity by a very conservative government,” another posted, with another calling out the “tragic news from Uganda where young people could be punished by the death penalty for homosexuality”.

“This is terrifying: people are being arrested just for being who they are! This man may get the death penalty! This is a total violation of human rights! More people needs to condemn Uganda right now and try and save these innocent people from wrongful imprisonment and death!” another shared.

Horrific laws spread

There are also growing concerns that the extreme LGBTQI crackdown is spreading across Africa.

Homosexuality is illegal across most of Africa, although some nations have stricter laws than others.

Kenyan Opposition MP George Peter Kaluma recently submitted a similar anti-gay bill, dubbed the Family Protection Bill, to the National Assembly of Kenya.

It too carries brutal punishments including years of imprisonment and the death sentence.

Ghana, Tanzania and South Sudan have also enacted similar policies, while countries like Mauritania, some northern states in Nigeria, parts of Somalia and Yemen carry death penalties.

Human rights advocates also claim there has been a recent increase in violent attacks against members of the LGBTQI community in many African nations as a result of the laws.

And just this week, at least 67 people were arrested at a same-sex wedding in Nigeria, where gay people can face up to 14 years in prison under the Same Sex Marriage Prohibition Act. Accomplices face 10 years in prison.

Amnesty International’s Nigeria office slammed the arrests and called for “an immediate end to this witch-hunt”.

“In a society where corruption is rampant, this (same-sex) law banning same sex relationships is increasingly being used for harassment, extortion and blackmail of people,” Isa Sanusi, the organisation’s director in Nigeria, told The Associated Press.