Uganda’s Anti-Homosexuality Act: Urgent Call to Drop Death Penalty Charges

Uganda Urged to Drop Charges Against LGBTQ+ Individual Facing Death Penalty

Background

Uganda‘s Office of the Director of Public Prosecutions (DPP) is facing international scrutiny after charging a 20-year-old man with “aggravated homosexuality” under the country’s Anti-Homosexuality Act. The act, which was signed into law in May 2023, defines “aggravated homosexuality” as sexual intercourse with a person older than 75 or younger than 18, who either does not give consent, is unable to give consent, or is a person living with a disability or mental illness. The law carries the death penalty as the maximum penalty for this offense.

Amnesty International has called on the Ugandan authorities to drop the charges against the young man and to repeal the Anti-Homosexuality Act. The organization argues that prosecuting individuals based on their real or perceived sexual orientation or gender identity is a violation of international law and perpetuates discrimination and persecution against the LGBTQ+ community.

Questionable Arrest and Discriminatory Treatment

The circumstances surrounding the arrest of the accused raise several concerns. According to the lawyers representing the young man, he was arrested alongside another individual at Soroti Sports Ground in eastern Uganda on allegations of engaging in same-sex relations. The police officers claimed to have caught them half-naked, but the accused denies the allegation.

Of particular concern is the differential treatment of the two individuals. While the 20-year-old remains in detention and is facing charges that carry the death penalty, the 41-year-old was released by the police, who claimed that he was unable to provide consent for sexual conduct due to his “mental status.” Amnesty International has questioned the police’s assertion that the man is a victim, given that the lawyers have reported no evidence being provided to substantiate this claim.

Violation of International Law and Human Rights

The charges brought against the 20-year-old individual are not only deeply concerning but also represent a flagrant violation of international law. Amnesty International’s Regional Director for East and Southern Africa, Tigere Chagutah, rightly states that charging someone based solely on their perceived sexual orientation is a violation of international law.

In addition, the practice of conducting anal examinations, as reportedly conducted by the Ugandan police in this case, is strongly condemned by Amnesty International. Such examinations not only violate the prohibition of torture and ill-treatment under international law but are also medically unnecessary and degrading.

Call for Repeal and Accountability

The Anti-Homosexuality Act in Uganda has led to an increase in discrimination, persecution, and violence against LGBTQ+ individuals. Human Rights Awareness and Promotion Forum (HRAPF), a Ugandan advocacy NGO, has reported a significant rise in cases of violence and other violations against LGBTQ+ persons since the law’s passing.

Amnesty International is calling not only for the charges against the 20-year-old to be dropped but also for the repeal of the Anti-Homosexuality Act. The organization emphasizes the importance of ensuring accountability for the ongoing violations against the LGBTQ+ community in Uganda.

Final Thoughts and Recommendations

The case of the 20-year-old facing charges under Uganda‘s Anti-Homosexuality Act highlights the urgent need for the respect and protection of LGBTQ+ rights in the country. The international community, including governments and human rights organizations, must speak out against the prosecution of individuals based on their sexual orientation or gender identity.

Uganda must take immediate steps towards repealing the Anti-Homosexuality Act, as its existence violates international human rights standards and perpetuates discrimination and violence against the LGBTQ+ community. The government should work to foster an environment of acceptance, respect, and equal rights for all individuals, regardless of their sexual orientation or gender identity.

Furthermore, there should be accountability for the violations and violence against LGBTQ+ individuals that have occurred since the law’s enactment. Perpetrators of such acts should be held responsible in order to ensure justice and prevent future human rights abuses.

The case in question serves as a reminder of the ongoing struggle for LGBTQ+ rights globally. It is imperative that governments and society embrace diversity, equality, and inclusion, and work towards eliminating discrimination in all its forms.

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