In the book “My African Journey”, Winston Churchill wrote his trip to Uganda in 1907. He wrote that “for Magnificence, for variety of form and color, for profusion of brilliant life—bird, insect, reptile, beast–for vast scale—Uganda is truly “the pearl of Africa”. He was enthused about the diversity of the biological species in the nation. However, the Uganda government does not allow its citizens to be as diverse as the natural species. While they are making efforts to retain the magnificence and diversity of the species, they are also making efforts to eliminate the diversity of citizens.
A Traceback:
Uganda, as one of the most homophobic nations on earth, has never changed its position. The GBGR score kept constant at an average of 10.2% from 2011 to 2019. Regardless of its current low score, the history of homophobia in Uganda can be traced back to its colonial history. When it was under British colonial rule, the Penal Code Act 1950 stated that same-sex marriage is prohibited by law and will be committed as felonies.
(Screenshots from https://www.fandmglobalbarometers.org/countries/uganda/)
After Uganda declared its independence, existing law of the Ugandan penal code, penalizes "carnal knowledge of any person against the order of nature" with imprisonment of up to 14 years, but it was rarely enforced. However, the situation remain negative. As early as 2006, the magazine Red Pepper published a “hit list” of allegedly homosexual men, including individuals who have not identified themselves as gay. Several of those individuals named reported that they had suffered from subsequent harassment and ostracism. The magazine continues to publish the list until 2014.
(Image from https://www.bbc.com/news/av/world-africa-26345304)
Cleo, who was outed by Red Pepper, as Uganda’s first transgender woman to openly transition, was forced to flee to other countries to avoid attacks and possible arrest. Her story was documented by von Wallström, who documented the life of Cleo, and her partner, being marginalized and persecuted living in a country that is hostile to homosexuality.
“In my dreams, my body decays, my skin crumbles and falls away. Beneath I am feminine and free. But I step out of my dream, I wake to this body, and carry on through hell.”
(Image from IMDb: https://www.imdb.com/title/tt5128790/)
Predecessor：
In 2009, Member of parliament David Bahati submitted the Anti-Homosexual bill, which later is named the “kill the gay” bill, further broadening the criminalization of same-sex relationships in Uganda. The bill proclaims that the objectives are to
“ prohibit and penalize homosexual behavior and related practices in Uganda as they constitute a threat to the traditional family” and “prohibit the licensing of organizations which promote homosexuality”(2009).
It also set provisions for “aggravated homosexuality”, indicating that offenders who are HIV-positive and have intercourse with people of the same sex whether consensual or nonconsensual, as well as those who have sex with juveniles, could be sentenced to the death penalty. The result was that this pernicious bill won the majority of support from the parliament. Parliament members view anti-gay stances as “expected and politically beneficial”(Englander, 2011).
"Certain provisions in this bill are illegal; they are also immoral," said Kate Sheill, Amnesty International's expert on sexual rights. "They criminalize a sector of society for being who they are, when what the government should be doing instead is protecting them from discrimination and abuse."
In addition, the bill potentially abets social persecution of homosexual groups, sparking national wide homophobia. Media have made public accusations against those they believe to be gay or lesbian. The most extreme case would be that, later in 2010, another Uganda publication institution Rolling Stone published an article titled "100 Pictures of Uganda's Top Homos Leak” to call upon boycotting homosexuals. The publication included at least 100 homosexuals in Uganda with their photos and names, which is absolutely a violation of personal privacy and violation of human rights. The publication also later lead to the death of David Kato, an activist in Uganda, outed in the article, who was murdered in his home by an intruder.
Even if the bill led to strong public discontent, and it was the serious violation of the protection of privacy, the officials ignore that. Later in 2014, President Yoweri Museveni signed the bill. Anti-homosexuality was officially legitimated in the country. According to the government, his decision was based on a report by "medical experts" who said that, "homosexuality is deviant from social norms". Furthermore, the act also criminalizes a person who "aids, abets, counsels, or procures another to engage in an act of homosexuality". In general, the government attempt to eradicate almost everything associated with homosexuality. The 2014 Act is not the end, but a start. The Uganda lawmakers want more.
What is happening now?
Now, on March 9, 2023, Asuman Basalirwa, a member of parliament, introduced the 2023 Anti-Homosexuality Bill in Parliament, as an amendment to the 2014 Anti-homosexual Act. The bill is considered one of the toughest pieces of anti-gay legislation in Africa. Provisions in the bill include the following elements but not limit to:
1. Reinforcement of imprisonment posed to homosexuality, “aggravated homosexuality” will lead to the death penalty.
2. LGBTQ+ people will be sentenced to up to ten years in prison for disclosing their identity or touching someone with homosexual intent.
3. People, publicity, and any kind of social platforms, in support or promotion related to homosexuality will be imprisoned.
4. Property owners whose premises are being utilized as a place for any homosexual acts will be at risk of imprisonment.
The speaker of the parliament stated the reason as “ For us it's about our morals and our culture. And I want to urge members of parliament, please don't get intimidated. Never get intimidated, we are doing all of this for humanity”.
This house will continue to pass laws that recognize, protect and safeguard the sovereignty, morals and cultures of this country,” Anita Annet Among, the speaker of the Ugandan Parliament, said after legislators finished voting
Human Rights Watch said the new legislation was "a revised and more egregious version" of the 2014 bill. Now, even though it is in the 20th century, people are at risk of being in jail for self-identify as gay, lesbian, or transgender. It also makes it an offense to “touch another person with the intention of committing the act of homosexuality” and the “promotion of homosexuality.” In addition, the law will effectively declare all same-sex conduct as non-consensual regardless of factually consensual for both parties. If the law is passed, sexual and gender identity that is “contrary to the binary categories of male and female” will be further criminalized on the basis of its worse situation.
After the passing of the 2014 bill, LGBTQ+ people in Uganda suffered a noticeable increase in arbitrary arrests, police abuse and extortion, unemployment, evictions, and homelessness. The bill is now awaiting the president’s signature. The future of the LGBTQ+ community, as a vulnerable minority group in Uganda, cannot be pictured. The new bill will further institutionalize repressive acts, discrimination, and hatred against homosexual groups within the country. In addition, the government has already violated many of the basic human rights of Ugandans: freedom of speech, freedom of assembly, right to privacy, equity, freedom from discrimination, and most importantly, the right of being who they are. The bill, again, as a signal of increased repression, also raises the question of how can LGBTQ+ community, as well as other vulnerable groups, survive in Uganda.
Ugandans have already sacrificed many of their rights under government repression. Nations are supposed to protect the basic human rights of their citizens. We are still in hope that the international community can pressure the president not to sign the bill, and provide necessary asylum for the vulnerable groups being persecuted.
(Ugandan activists attend a conference to promote homosexuals’ rights, in Kampala, Uganda, February 14, 2010. © 2010 Benedicte Desrus/Sipa Press via AP Images)
"Aluta Continua"
Reference
Amnesty International. (n.d.). Uganda: Anti-homosexuality Bill passed in Parliament. Retrieved March 24, 2023, from https://www.amnesty.org/en/wp-content/uploads/2021/06/afr590042013en.pdf
Athumani, H. (2023, March 10). Ugandan Parliament introduces new Anti-Homosexuality Bill. VOA. Retrieved March 17, 2023, from https://www.voanews.com/a/ugandan-parliament-introduces-new-anti-homosexuality-bill-/6999149.html
Bill No. 3 the anti-homosexuality bill - jurist.org. (n.d.). Retrieved March 25, 2023, from https://www.jurist.org/news/wp-content/uploads/sites/4/2023/03/Anti-Homosexuality-Bill-2023.pdf
Churchill, W. (n.d.). My African journey.
Englander, D. (2011). Protecting the human rights of LGBT people in Uganda in the wake of Uganda's anti-homosexuality bill, 2009. Emory International Law Review, 25(3), 1263-1316.
Harrison, N. (2016). A transgender love story in The shadows of uganda. The Lancet, 388(10057), 2229. https://doi.org/10.1016/s0140-6736(16)32069-4
Oliver, M. (2019). Uganda's anti-homosexuality Bill. Routledge International Handbook of Heterosexualities Studies, 316–325. https://doi.org/10.4324/9780429440731-20
Uganda: 'anti-homosexuality' bill threatens liberties and human rights defenders. Human Rights Watch. (2020, October 28). Retrieved March 20, 2023, from https://www.hrw.org/news/2009/10/15/uganda-anti-homosexuality-bill-threatens-liberties-and-human-rights-defenders
Uganda's Parliament threatens to criminalize homosexuality. Human Rights Watch. (2023, March 7). Retrieved March 20, 2023, from https://www.hrw.org/news/2023/03/06/ugandas-parliament-threatens-criminalize-homosexuality
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