Uganda’s Anti-homosexuality Act (2014) was passed by the Ugandan Parliament on 20 December 2013 and signed into law by President Yoweri Museveni on 24 February 2014.
The bill was introduced by as a ‘private member’s bill’ by Member of Parliament David Bahation – a Christian fundamentalist – on 24 October 2009.
Uganda has a population of 31 million. International human rights organisations estimate that there are at least 500 000 homosexual people living in Uganda.
The Act creates 10 offences:
1. Homosexuality
Homosexuality is defined in section 1 as “same sex or same gender sexual acts”. According to section 2, a person commits homosexuality if:
- he penetrates the anus or mouth of another person of the
- same sex with his penis or any other sexual contraption;
- he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex;
- he or she touches another person with the intention of committing the act of homosexuality.
The Act provides that a person convicted of homosexuality shall be liable for life imprisonment. In earlier versions of the bill, homosexuality was punishable by death.
2. Aggravated homosexuality:
According to section 3 of the Act, a person commits the offence of “aggravated homosexuality” if:
- person against whom the offence is committed is below the age of eighteen years
- offender is a person living with HIV;
- offender is a parent or guardian of the person against whom the offence is committed
- offender is a person in authority over the person against whom the offence is committed;
- victim of the offence is a person with disability;
- offender is a serial offender; or
- offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to stupefy or overpower him or her so as to enable any person to have unlawful carnal connection with any person of the same sex.
Like in the case of homosexuality, a person convicted of aggravated homosexuality is liable to imprisonment for life.
However, the difference is that, where a person is charged with the offence under section 3, that person shall undergo a medical examination to ascertain his or her HIV status.
3. Attempt to commit homosexuality
The offence of “attempting to commit homosexuality” covers: an “attempt” to commit homosexuality, which is punishable, on conviction, by seven years imprisonment; and an attempt to commit aggravated homosexuality, which is punishable, on conviction, by life imprisonment.
The Act does not define an “attempt”.
4. Aiding and abetting homosexuality
A person who aids, abets, counsels or procures another to engage in acts of homosexuality commits an offence and is liable, on conviction, to imprisonment for seven years.
5. Conspiracy to engage in homosexuality
A person who conspires with another to induce another person of the same sex by any means of false pretence or other fraudulent means to permit any person of the same sex to have unlawful carnal knowledge of him or her commits an offence and is liable, on conviction, to imprisonment for seven years.
6. Procuring homosexuality by threat (etc)
Section 9 of the Act provides that any person who, by threats or intimidation, procures or attempts to procure any person to have any unlawful carnal knowledge with another person of the same sex; or, by false pretences or false representations, procures any person to have any unlawful carnal connection with another person of the same sex; commits an offence and is liable on conviction to imprisonment for seven years
Section 9(2) creates an evidentiary burden. It provides that a person shall not be convicted of procuring homosexuality by threat (etc) upon the evidence of one witness only, unless that witness is corroborated in some material particular by evidence implicating the accused.
7. Detention with intent to commit homosexuality
A person who detains another person with the intention to commit acts of homosexuality with him or her or with any other person commits an offence and is liable, on conviction, to imprisonment for seven years.
8. Brothels
Section 11 provides that “A person who keeps a house, room, set of rooms or place of any kind for purposes of homosexuality commits an offence and is liable, on conviction, to imprisonment for seven years.”
9. Same sex marriage
Section 12 provides that a person who purports to contract a marriage with another person of the same sex commits the offence of homosexuality and shall be liable, on conviction, to imprisonment for life.
The offence of same sex marriage is not limited to those who purport to enter into a same sex marriage, but extends to persons and institutions that conduct a marriage ceremony between persons of the same sex. A person found guilty of this offense is liable to imprisonment for a maximum of seven years or cancellation of licence for an institution.
10. Promotion of homosexuality
Section 13 provides that a person who—
- participates in production, procuring, marketing, broadcasting, disseminating, publishing of pornographic materials for purposes of promoting homosexuality;
- funds or sponsors homosexuality or other related activities;
- offers premises and other related fixed or movable assets for purposes of homosexuality or promoting homosexuality;
- uses electronic devices which include internet, films, mobile phones for purposes of homosexuality or promoting homosexuality; or
- who acts as an accomplice or attempts to promote or in any way abets homosexuality and related practices;
commits an offence and is liable, on conviction, to a fine of five thousand currency points or imprisonment of a minimum of five years and a maximum of seven years or both fine and imprisonment.
Section 13(2) provides that, where the offender is a corporate body or a business or an association or a non-governmental organization, on conviction its certificate of registration shall be cancelled and the director, proprietor or promoter shall be liable, on conviction, to imprisonment for seven years.
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