Parliamentarians for Global Action (PGA) strongly condemns the Anti-Homosexuality Bill 2023, adopted by the Parliament of Uganda on 21 March 2023. Of the 557 legislators in Parliament, 389 voted for its adoption, with only two voting against, among them, Hon. Fox Odoi, Chair of the Human Rights Committee and Chairperson of PGA’s National Group. The remaining 166 Members of Parliament effectively abstained by their absence at the vote. The sensitive context may have prompted these legislators to abstain from carrying out their parliamentary prerogative on a key piece of legislation. The mandate of Members of Parliament includes representing their constituents, who may be lesbian, gay, bisexual, trans and intersex (LGBTI+) persons. The object of the Bill is to allegedly protect the traditional family by enhancing existing provisions of the Penal Code Act. This bill, instead, marginalizes Ugandan citizens, alienates LGBTI+ persons from society, and illustrates the betrayal of the constitutional mandate of legislators, who may not feel safe to oppose the Anti-Homosexuality bill.
It is of grave concern that this bill intends to deny LGBTI+ persons of their existence. Some of the most grievous provisions include: life imprisonment on conviction for the offense of homosexuality; the possibility of mitigating the life sentence, if the convicted person submits evidence from an appointment medical practitioner stating that the accused person is suffering genetic abnormalities that might have contributed to the commission of the offense of homosexuality; and the death penalty for the offense of aggravated homosexuality, which includes same-sex relations with “a person with disability” or with a person under 18 years. Such imposition of death penalty runs contrary to international human rights law which sets strict restrictions to its application. The death penalty may be imposed only for the most serious crimes, namely those involving intentional killing, and it may never be mandatory. As the imposition of death penalty for homosexual conduct violates these limitations, it was explicitly condemned by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions in 2012.
Hon. Fox Odoi-Oywelowo, MP (Uganda) vehemently opposing the Anti-Homosexuality Bill, declared:
Anti-Homosexuality Bill 2023 that was passed by the Parliament of the Republic of Uganda is one of the most retrogressive, oppressive, and primitive pieces of legislation that I have seen in my adult life. It legitimizes homophobia, is an instrument to spread hate, and an instrument that abuses human rights and should not be acceptable in any free and democratic society.
Hon. Fox Odoi-Oywelowo, MP
Uganda
In addition to criminalizing consensual same-sex conduct, the Bill provides for a repressive regime for anyone involved in the “promotion of homosexuality”. Under these provisions, a person who promotes homosexuality can be sentenced to up to 10 years of imprisonment. Acts of “promotion” range from providing financial support to facilitate activities on LGBTI+ related topics and operating an organization which promotes the normalization of same-sex conduct, to advertising, publishing, printing, distributing, by any means, any material promoting or encouraging homosexuality.
The effects of this Anti-Homosexuality Bill are far-reaching as they violate fundamental human rights of LGBTI+ persons, including their rights to life and liberty, freedom from torture, freedom of expression, of association, and of privacy. The Bill introduces a “duty to report homosexuality”, i.e., a person who knows or has reasonable suspicion that a person has committed or intends to commit the offence of homosexuality is obliged to report the matter to the police.
Government representatives, UN representatives, prominent legislators, activists worldwide, and human rights organizations have spoken against the adoption of the Anti-Homosexuality Bill 2023 as it violates the Constitution of Uganda and well established regional and international human rights treaties, by limiting the rights of LGBTI+ persons and effectively depriving them of the equal protection under the law. Equality and non-discrimination are fundamental to building peaceful, just, and inclusive societies.
Hon. Bernard Georges, MP (Seychelles) PGA Board Member, Deputy Convenor of the Campaign against Discrimination based on Sexual Orientation and Gender Identity, declared:
I wish to express my deep sense of disappointment at the passing by the Ugandan Parliament recently of the Anti-Homosexuality Bill outlawing homosexuality and punishing this severely. As a member of a parliament which a few years ago took the opposite road and decriminalized an archaic sodomy law, I see the Ugandan position as retrograde. While every country must make its own choices in this matter, I am of the firm opinion that one cannot legislate for love, adult relationships and personal choices, and I urge those who have the power either not to bring this law into effect, or to strike it down, to act to ensure the preservation of individual rights and the upholding of personal choices as to sexual orientation.
Hon. Bernard Georges, MP
Seychelles
Under international law, States have an obligation to repeal laws that criminalize, prosecute, harass and discriminate against people based on actual or perceived sexual orientation and gender identity (SOGI). Although Uganda has not ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, it is a State Party to the African Charter on Human and Peoples’ Rights, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment. Provisions contained in these international instruments are generally accepted as setting out jus cogens norms from which States do not enjoy any derogation.
In May 2021, the Parliament of Uganda enacted the 2021 Sexual Offences Act, which was sent back to Parliament by President Museveni on 3 August 2021, for reconsideration. Once again, President Museveni has 30 days to sign or reject the Anti-Homosexuality Bill of 2023. We urge the President not to sign this discriminatory bill into law. The entry into force and implementation of the 2023 Anti-Homosexuality Act would bring about devastating consequences for LGBTI+ persons, for which the State of Uganda would be responsible under international law in breaching its international obligations. The State of Uganda could become liable under public international law for wrongful acts – conduct by a State’s organ exercising legislative, executive, or judicial functions, consisting of an action that constitutes a breach of an international obligation of the State – entailing its responsibility.
Promoting inclusive societies for peace and development is a duty for the international community and for all those who have the responsibility to be in charge of the governance of a state. The lives of Ugandan LGBTIQ+ people are in danger and need our help. Protecting Human Rights is not an option, it is a duty. There is still time for Uganda to be a place that does not condemn people for simply being who they choose to be. Dip. Margarita Stolbizer, PGA Board Member (Argentina), Convenor of the Gender, Equality and Inclusion (GEI) Program
Dip. Margarita Stolbizer
Argentina
As Mr. Victor Madrigal, UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI), underscored in his remarks at the Arria-formula Meeting on Integrating the Human Rights of LGBTI Persons into the Work of the Security Council (20 March):
"The evidence compiled strongly suggest that homo, lesbo, transphobic biases create strategic and tactical opportunities in the use of violence against LGBT and gender diverse persons. […] These strategic or tactical opportunities ride on the back of deeply entrenched stigma that operates against those having SOGI that are seen as polling outside of what is regulated in law or social mores."
PGA remains committed to advancing equality and inclusion for all individuals and calls on its membership worldwide to stand for human rights of LGBTI+ persons by speaking out against this nefarious bill.
