Why Uganda’s LGBTQ Community is Under Renewed Fire. By David Malingha

Why Uganda’s LGBTQ Community is Under Renewed Fire. By David Malingha | Bloomberg — Read time: 3 minutes

Analysis by David Malingha | Bloomberg

May 29, 2023 at 8:35 a.m. EDT

Uganda is a tough place to be LGBTQ and the authorities are making it even harder. President Yoweri Museveni has signed off on the draconian “Anti-Homosexuality Act,” which extends colonial-era sodomy laws and envisions violators being sentenced to lengthy prison terms or even death. Civil rights groups have condemned the measure amid warnings that it may deter foreign aid and investment in one of Africa’s fastest-growing economies. 

Homosexuality is banned in more than half of the 55 African nations and frowned upon in many others. That includes Uganda, which inherited its original anti-gay laws from Britain, the former ruling power. Ugandan lawmakers and religious leaders — often encouraged by US evangelical groups — have said LGBTQ practices are contrary to their culture and have no place in Uganda. In February, the archbishop of the Church of Uganda, Stephen Kaziimba, condemned a decision by the Church of England to allow clergy to preside over a blessing for same-sex unions — an issue that has split the Anglican Communion, of which both are part. (Uganda was among those boycotting last year’s conference of the global grouping of Anglican churches.) Museveni signed a previous version of the law that was later struck down by the courts on a technicality. The president has described homosexuality as “degeneration” and a threat to procreation. 

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2. What does the new law propose? 

It states that the nation’s capacity to deal with “emerging internal and external threats to the traditional, heterosexual family” must be enhanced and that Ugandans need protection against activists who “promote” homosexuality. These are some of its main provisions: 

• The death sentence may be imposed on those who engage in so-called “aggravated homosexuality.” That categorization includes same-sex intercourse involving someone who is HIV positive or under the age of 18.

• Individuals can be sentenced to up to life imprisonment if they are convicted of other homosexual acts.

• Persons under the age of 18 who are judged to have engaged in homosexuality can be jailed for as long as three years.

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• Legal entities that are convicted of “promoting homosexuality” can be fined 1 billion shillings ($267,000).

An earlier version of the legislation approved by lawmakers in March sought to punish people for merely identifying as LGBTQ, but that provision was removed after Museveni requested changes. 

3. Is this constitutional?

The Constitutional Court struck down similar anti-gay legislation in 2014 that Museveni had signed. But that was on the grounds that lawmakers approved the law without the required quorum, and no determination was made on its constitutionality. Some legal experts have argued that discriminating against people based on their sexual identity or practices could constitute a violation of the constitutional right to freedom of expression, association and liberty. Sexual Minorities Uganda, a coalition that fights for LGBTQ rights, and other organizations have indicated that they will challenge the new law in court if the president approves it.

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4. How has the bill been received internationally?

United Nations High Commissioner for Human Rights Volker Türk described the bill as devastating and discriminatory — “probably among the worst of its kind in the world.” The World Health Organization cautioned that the legislation risks stunting progress made in reducing the spread of HIV in Uganda. Human Rights Watch, Amnesty International and other civil rights groups warn that homophobic attacks could increase. The US and other Western governments have condemned the measure, while the African Union has refrained from commenting. 

5. What’s the potential economic fallout?

The International Monetary Fund has said it expects Uganda’s economy to expand by an average of more than 6% annually over the next five years. However, the new law could make operating in the East African nation awkward and place billions of dollars of investments at risk at a time when companies such as TotalEnergies SE are looking to start producing oil there. The World Bank and other lenders that have helped to shore up Uganda’s finances may also face pressure from shareholders and rights groups to review their relationship with the country. Almost a fifth of the country’s latest budget was funded using external financing. Muhoozi Kainerugaba, Museveni’s son, tweeted that Uganda could do without foreign investors. 

--With assistance from Fred Ojambo, Thomas Pfeiffer, Anna Kitanaka and Siraj Datoo.

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