Lesbian, gay, bisexual, transgender (LGBT) persons in Uganda have virtually no orientation-related protections at all. Both male and female homosexual activity is illegal. Prior to 2000, only male homosexuality was criminalized, then in 2000 under the Penal Code Amendment (Gender References) Act 2000 all references to "any male" was changed to "any person" so that lesbianism was also criminalized as well.
As do many other countries in Africa, Ugandan culture regards homosexuality as taboo. In spite of this, BBC News estimates that roughly half a million LGBT people in the country. According to the Pew Global Attitudes Project poll in 2007, 96% of Ugandans said that homosexuality should be rejected by society, making it one of the highest rejection of homosexuality in the 45 countries surveyed. A poll conducted in 2010, however, in the wake of Uganda's anti-homosexuality bill, revealed that 11% of Ugandans viewed homosexuality as being morally acceptable, while only 2% of respondents (per country) in Cameroon, Kenya, and Zambia found homosexuality to be morally acceptable.
A new bill has been introduced to parliament, providing for harsher penalties for homosexuals, including the death penalty for "repeat offenders."
History
King Mwanga II of Buganda's 1886 persecution of Christian pages was largely motivated by their rejection of his sexual advances.
Laws prohibiting homosexual activity were first put in place under British colonial rule in the 19th century. Such laws were retained following independence and enshrined in the Penal Code Act of 1950:
- § 145 (sexually neutral)
“Any person who— (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life.”
- § 148 (sexually neutral)
“Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years.”
Other: § 146 prohibits “attempts“ to commit offence specified in § 145 [7 years]
Homosexuality has been referred to as "carnal knowledge of another against the order of nature" by the Ugandan government.
Ban on same-sex marriages
On 29 September 2005, President Yoweri Museveni signed into law a constitutional amendment prohibiting same-sex marriage, making Uganda the second country in the world to do so. According to the amendment, “marriage is lawful only if entered into between a man and a woman,” and “it is unlawful for same-sex couples to marry".
Ugandan Constitution
Despite penal sanctions concerning homosexual acts remaining in place, LGBT rights under Uganda's constitution have recently been challenged in the Uganda High Court.
On 12 September 2008, in a case against the Attorney General of Uganda, brought by LGBT activists Yvonne Oyoo and Victor Juliet Mukasa, the High Court through High Court Judge Stella Arach set a precedent and stated affirmatively that at least articles 23, 24 and 27 of articles 20 to 45 of the Ugandan Constitution do apply to the GLBT community.
The Ugandan Constitution of 1995 offers broadbased protection against discrimination, through article 21, sections 1–5.
21. Equality and freedom from discrimination.
- All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
- Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
- For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
Uganda Anti-Homosexuality Bill
On 13 October 2009 Ugandan MP David Bahati introduced the Uganda Anti-Homosexuality Bill which would broaden the criminilization of same-sex relationships in Uganda, introducing the death penalty for repeat convictions, HIV-positive people engaging in sexual activity with people of the same sex or with those under 18. Under this bill, individuals or companies promoting LGBT rights would be penalized. Ugandan citizens would be required to report any homosexual activity within 24 hours or face a maximum penalty of three years imprisonment, and Uganda would request extradition if Ugandan citizens were having same-sex relationships outside the country.
Living conditions
Gays and lesbians face discrimination and harassment at the hands of the media, police, teachers, and other groups; according to Jessica Stern of Human Rights Watch, "For years, President Yoweri Museveni's government routinely threatens and vilifies lesbians and gays, and subjects sexual rights activists to harassment." The U.S. State Department's 2006 Country Report on Human Rights for Uganda stated that homosexuals "faced widespread discrimination and legal restrictions." It is illegal for homosexuals to engage in sexual acts; the maximum sentence for engaging in such acts is life imprisonment.
In 2004, Radio Simba was fined over $1,000 and forced to issue a public apology after hosting homosexuals on a live talk show; Information Minister Nsaba Buturo said the measure reflected Ugandans' wish to uphold "God's moral values." "We are not going to give them the opportunity to recruit others," he added.
Earlier that year, Human Rights Watch reported that Uganda's "abstinence-until-marriage" HIV programs "intrinsically discriminate on the basis of sexual orientation."
Outing
In 2006, a Ugandan newspaper, The Red Pepper, published a list of the first names and professions of 45 allegedly gay men, many of whom suffered harassment as a result.
In 2010, Giles Muhame's tabloid paper Rolling Stone published the full names, addresses, and photographs of 100 prominent and allegedly gay Ugandans, accompanied by a call for their execution. Gay rights activists, including David Kato and other members of Sexual Minorities Uganda, filed suit against the tabloid, which was ordered to stop outing suspected gays and to pay 1.5 million Ugandan shillings plus court costs to each of the plaintiffs. The judge ruled that the outing, and the accompanying incitation to violence, threatened the subjects' "fundamental rights and freedoms," attacked their right to human dignity, and violated their constitutional right to privacy.
Gay rights activism
Uganda's main gay rights organization is Sexual Minorities Uganda, founded in 2004. David Kato, a SMUG officer who was considered the father of Uganda's gay rights movement, was beaten to death in January 2011.
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