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Uganda charges first person with Aggravated Homosexuality offence

In a shocking and controversial move, Uganda has charged the first person with the offence of “aggravated homosexuality.” This charge, which was introduced this year, carries the possibility of the death penalty.

Uganda’s anti-LGBTQ+ legislation is considered one of the harshest in the world, with penalties for consensual same-sex relations ranging up to life imprisonment.

Uganda charges first person with aggravated Homosexuality offence
Peter Tatchell (centre) and other demonstrators hold a sign in solidarity with LGBTQ+ people in Uganda during Pride in London in July. Photograph: Peter Nicholls/Getty Images for Pride In London

The 20-year-old suspect was charged on 18th August in Soroti, a city in eastern Uganda. He is accused of engaging in “unlawful sexual intercourse with a male adult aged 41.” The charge sheet names the offence as “aggravated homosexuality contrary to the Anti-homosexuality Act 2023.” The suspect is currently on remand in prison and is set to appear in court for mention of the case.

It is unclear whether this is the first time a Ugandan has been charged with “aggravated homosexuality” under the new law, according to Jacquelyn Okui, a spokesperson for Uganda’s directorate of public prosecutions. However, this law has been highly controversial since its enactment in May, drawing condemnation from the United Nations, foreign governments, including the United States, and global rights groups.

This draconian legislation has been widely criticised for its violation of human rights and discrimination against the LGBTQ+ community. The punishment, including the death penalty, is seen as an extreme response to consensual sexual relationships between adults. Such laws not only infringe on personal freedom and autonomy but also perpetuate a cycle of fear and persecution.

Uganda charges first person with aggravated Homosexuality offence
Protesters against Uganda’s anti-gay laws during the Christopher Street Day Pride march in Munich, 24 June 2023 (REUTERS)

The international community has also expressed its concern over Uganda’s anti-LGBTQ+ stance. The World Bank recently announced that it would suspend new loans to the country, stating that the law “fundamentally contradicts” the values espoused by the US-based lender. This move by the World Bank signals its disapproval of the human rights violations taking place in Uganda.

In May, US President Joe Biden took a bold stance by calling for the immediate repeal of measures he referred to as “a tragic violation of universal human rights.” These measures, which have sparked a heated debate both within and outside of Uganda, have been met with staunch resistance from the government and garnered significant support from conservative, predominantly Christian lawmakers in the country.

Uganda charges first person with aggravated Homosexuality offence
Ugandan President, Yoweri Museveni.

President Yoweri Museveni has has accused the World Bank of trying to “coerce” the Ugandan government into dropping the controversial legislation. Museveni’s firm stance reflects the broad support the measures enjoy in a country where lawmakers see them as a necessary defence against what they perceive as western immorality.

The legislation in question targets individuals engaged in same-sex activity, imposing severe penalties and restrictions on their rights. Human rights advocates and organisations like the Human Rights Awareness and Promotion Forum have vehemently condemned these measures, deeming them a direct infringement on the basic rights of individuals.

It is worth noting that since the adoption of the law, there have been documented cases of arrests related to its enforcement. Adrian Jjuuko, the executive director of the Human Rights Awareness and Promotion Forum, disclosed that his organisation had witnessed 17 arrests from June to July alone. These arrests serve as a reminder of the real-life consequences faced by individuals who identify as LGBTQ+ in Uganda.

Adding further fuel to the controversy, a recent incident involving the arrest of four people at a massage parlour in the district of Buikwe has sparked renewed international attention. The individuals, two of whom were women accused of engaging in same-sex activity, were apprehended based on a tipoff. This incident serves as a stark reminder of the ongoing enforcement of the legislation and the impact it has on the lives of individuals.


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