Homosexuality in Uganda
| LGBT rights in Uganda | |
|---|---|
 |
|
| Same-sex sexual activity legal? | Male illegal since 1894 (as Protectorate of Uganda) Female illegal since 2000 |
|
Penalty:
|
Life imprisonment for "carnal knowledge against the order of nature". Seven years imprisonment for "gross indecency". |
| Gender identity/expression | None |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Uganda have no specific legal protections. Activists estimated in 2007 that the Ugandan LGBT community consisted of 500,000 people.
Both male and female homosexual activity is illegal. Under the Penal Code, "carnal knowledge against the order of nature" between two males carries a potential penalty of life imprisonment. The Uganda Anti-Homosexuality Act, 2014 was passed on 17 December 2013 with a punishment of life in prison for "aggravated homosexuality". In August 2014, the Uganda Constitutional Court annulled the law. Nonetheless, LGBT people continue to face discrimination in Uganda. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Laws prohibiting same-sex sexual acts were first put in place under British colonial rule in the 19th century. Those laws were enshrined in the Penal Code Act 1950 and retained following independence. The following sections of that Act are relevant:
Section 145. Unnatural offences. Any person who—
commits an offence and is liable to imprisonment for life.
Section 146. Attempt to commit unnatural offences. Any person who attempts to commit any of the offences specified in section 145 commits a felony and is liable to imprisonment for seven years.
Before the Penal Code Amendment (Gender References) Act 2000 was enacted, only same-sex acts between men were criminalized. In 2000, that Act was passed and changed references to "any male" to "any person" so that grossly indecent acts between women were criminalized as well, and are now punishable by up to 7 years imprisonment.
On 13 October 2009, Member of Parliament David Bahati introduced the Anti-Homosexuality Act, 2009, which would broaden the criminalization of same-sex relationships in Uganda and introduce the death penalty for serial offenders, HIV-positive people who engage in sexual activity with people of the same sex, and persons who engage in same-sex sexual acts with people under 18 years of age. Individuals or companies that promote LGBT rights would be fined or imprisoned, or both. Persons "in authority" would be required to report any offence under the Act within 24 hours or face up to three years' imprisonment.
In November 2012, Parliament Speaker Rebecca Kadaga promised to pass a revised anti-homosexuality law in December 2012. "Ugandans want that law as a Christmas gift. They have asked for it[,] and we'll give them that gift." The parliament, however, adjourned in December 2012 without acting on the bill. The bill passed on 17 December 2013 with a punishment of life in prison instead of the death penalty for "aggravated homosexuality", and the new law was promulgated in February 2014.
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Wikipedia