Anti-Gay Law to Hit HIV+ Ugandans
posted: 30/10/2009
While Kenya has just started a survey of gay men in its first real step towards HIV prevention for Kenyan men who have sex with men, Uganda is increasing its legal discrimination. The International Gay and Lesbian Human Rights Commission is calling for strong international protests.
Easy email Protest Action
Make an automatic protest by email with the International Gay & Lesbian Human Rights Commission - click here
Uganda has similar colonial-era anti-gay laws to Kenya. But Uganda now wants to make them even tougher. This will worsen attempts at HIV prevention among the men who have sex with men in Uganda.
The Ugandan Parliament is debating a new law to confirm the existing criminal penalties for homosexuality and to criminalise the "promotion of homosexuality." You can get life imprisonment for a simple touch.
- Homosexual activity and HIV - death sentence proposed
HIV means any homosexual act will be treated as ‘aggravated homosexuality’ and the sentence for this will be death.
- Law to apply to Ugandans in the UK
The draft law claims to apply to all Ugandan nationals living abroad, including in the UK. Not welcome news for HIV positive Ugandan men who have sex with men here.
- New duty to report gay Ugandans to the authorities
The Anti-Homosexuality Bill targets lesbian, gay, bisexual, and transgender (LGBT) Ugandans, their defenders and anyone else who fails to report them to the authorities whether they are inside or outside of Uganda.
The International Gay and Lesbian Human Rights Commission (IGLHRC) and Sexual Minorities of Uganda (SMUG) are calling for the draft law to be dropped now and for human rights protection to be guaranteed for all Ugandans, regardless of their sexual orientation or gender identity.
Details and Background
Uganda's Penal Code Article 145a already criminalizes "carnal knowledge of any person against the order of nature" - a charge used to prosecute, persecute and blackmail LGBT people with the threat of life imprisonment.
The new bill would penalise homosexuality, using life imprisonment to punish anything from sexual stimulation to simply "touch[ing] another person with the intention of committing the act of homosexuality." It would also punish "aggravated homosexuality" which is activity by "serial offenders" or those who are HIV positive - with the death penalty.
The bill criminalises "promotion of homosexuality" in the form of funding and sponsoring LGBT organizations and broadcasting, publishing, or marketing materials on homosexuality and punishes these acts with a steep fine, 5-7 years of imprisonment, or both.
Any person in authority who fails to report known violations of the law within 24 hours will also be subject to a significant fine and up to 3 years in prison - even when this means turning in their colleagues, family, or friends.
More shocking, the bill claims jurisdiction over Ugandans who violate its provisions while outside of the country.
The bill effectively bans any kind of community or political organising around sexuality that is not strictly conventionally heterosexual. It will be easy to misuse and abuse for repression and it encourages the harassment and persecution of LGBT people by everyone else.
HIV prevention threat
HIV prevention activities in Uganda, which rely on an ability to talk frankly about sexuality and provide condoms and other safer-sex materials, will be seriously compromised. Women, sex workers, people living with HIV, and other marginalized groups may also find their activities tracked and criminalised through this bill.
International Treaties and Ugandan Constitution ignored
The Anti-Homosexuality Bill of 2009 not only violates multiple protections guaranteed by the Constitution of Uganda, which ensures independence for human rights non-governmental organizations, but contravenes the African Charter on Human and People's Rights, the International Covenant on Civil and Political Rights (ICCPR), and other international human rights treaties to which Uganda is a party. This bill undermines Uganda's commitment to the international human rights regime and threatens the basic human rights of all its citizens.
Easy email Protest Action
Make an automatic protest by email with the International Gay & Lesbian Human Rights Commission - click here
Join the International Gay and Lesbian Human Rights Commission (IGLHRC) and Sexual Minorities of Uganda (SMUG) in calling for a swift end forthe Anti-Homosexuality Bill of 2009 and for the protection of all Ugandans, regardless of their sexual orientation, HIV status, or gender identity.
Easy email letters to the people at the top in Uganda
This sample email letter is used in the emails below
To send your protest email ADD your name, country (and any organisation you represent) to the end of the email
President - Yoweri Kaguta Museveni
Prime Minister - Apollo Nsibambi
Speaker of the Parliament - Edward Ssekandi Kiwanuka
Minister of Gender, Labour, and Social Affairs - Honorable Opio Gabriel
Chair of the Uganda Human Rights Commission - Med Kaggwa
Directorate for Ethics and Integrity - Director
Chair of the Uganda Diplomatic Human Rights Working Groups - Mathisen Gørild
Please copy your email to
The UK’s High Commissioner (Ambassador) to the Republic of Uganda
Martin Shearman
and to
IGLHRC
More information about LGBT issues in Uganda
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