Uganda

Uganda gay man faces death Penalty

A 20-year-old gay man is facing a potential death sentence after he became the first person to be charged with “aggravated homosexuality” under Uganda’s new anti-gay laws.
 |  FUSE  |  World News
A gay Ugandan couple cover themselves with a pride flag.

In a deeply concerning development, a 20-year-old gay man in Uganda has become the first person to be charged under the country's newly enacted law that criminalises "aggravated homosexuality." This legislation, which was signed into law by President Yoweri Museveni in May, has sparked international outrage due to its draconian provisions, including the possibility of imposing the death penalty for certain same-sex sexual acts.

The accused, whose identity remains undisclosed, is alleged to have engaged in what the law terms "unlawful sexual intercourse" with another man on August 18. This case has brought to the fore the disturbing implications of Uganda's Anti-Homosexuality Bill, 2023. Strikingly, the specifics of why this particular instance is classified as "aggravated" remain absent from the charging sheet. Additionally, no information is provided regarding the disposition of the older participant involved in the alleged act.

Legal proceedings have unfolded swiftly, with the accused being charged with "aggravated homosexuality" on August 18 in a Magistrate's Court. The severity of the charge is underscored by the fact that, if convicted, the individual could potentially face the death penalty. Jacqueline Okui, a spokesperson for the Office of the Director of Public Prosecutions, confirmed this dire possibility, stating that the case falls under the jurisdiction of the High Court.

The accused's legal representative, Justine Balya, has expressed concern over the constitutionality of the law and the charges. According to Balya, several other individuals have faced charges under the new law, but this is the first instance where the term "aggravated homosexuality" has been applied. Balya refrained from elaborating further on the case, focusing her comment on her belief that the law itself is unconstitutional.

Uganda's Anti-Homosexuality Bill, 2023, has sent shockwaves across the global community due to its severe ramifications for LGBTQ+ individuals. The legislation introduces the possibility of capital punishment in cases of "aggravated homosexuality," which includes repeat offences and individuals living with HIV engaging in same-sex relations. Furthermore, those found guilty of "engaging in acts of homosexuality" could be sentenced to life imprisonment.

The enactment of the bill was met with celebration by some domestic voices. Anita Annet, the speaker of the Ugandan Parliament, lauded the signing of the bill as a response to the alleged desires of the nation's people. However, the international community, including figures like President Joe Biden, expressed vehement opposition to the law. President Biden decried it as a grave violation of universal human rights and called for its immediate repeal. He stressed that no individual should live in constant fear for their life due to their sexual orientation.

In a demonstration of its disapproval, the World Bank took a significant step by halting new funding to Uganda. Citing a misalignment between the law and the institution's values of inclusion and non-discrimination, the World Bank emphasized the importance of recognizing the rights of all individuals, irrespective of their sexual orientation.

Legal challenges to the law have arisen within Uganda's judicial system. In 2014, the Constitutional Court of Uganda nullified a similar Anti-Homosexual Act of 2014, albeit on procedural grounds. That legislation had also been heavily criticized for its stance on homosexuality and its colloquial reference as the "kill the gays" bill. The current law is now facing its own legal battle, highlighting the complex and evolving landscape surrounding LGBTQ+ rights in Uganda.


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