Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Uganda face severe challenges and discrimination not experienced by non-LGBTQ people. Uganda has one of the world's harshest laws for LGBTQ+ people. Same-sex sexual activity is illegal for both men and women in Uganda. The British Empire introduced the original laws criminalizing homosexual acts when Uganda became a British protectorate; these laws have been retained and significantly strengthened since the country gained its independence in 1962. Male same-sex sexual activity was understood to be present and largely unremarkable in many contexts in precolonial Ugandan society.
Although largely unenforced for decades, attempts to reinvigorate the application of anti-homosexuality laws has been ongoing since the 1990s. In the decades since, anti-gay rhetoric and efforts to introduce harsher laws have gained momentum, culminating in the Anti-Homosexuality Act, 2023, which prescribes up to twenty years in prison for "promotion of homosexuality", life imprisonment for "homosexual acts", and the death penalty for "aggravated homosexuality". This Act came into force in 2023, making Uganda the only Christian-majority country to punish some types of consensual same-sex acts with the death penalty. Although there are no recorded executions in Uganda since 2005, and Uganda is considered a de facto abolitionist after a 2009 Ugandan Supreme Court ruling declaring mandatory death sentences were unconstitutional. A similar law had been passed in 2013, but was annulled on technical grounds in 2014. Same-sex marriage has been constitutionally banned since 2005. Some foreign governments and international organisations have rescinded funding to Uganda due to its extreme anti-LGBTQ legislation.
LGBTQ people face severe discrimination in Uganda, actively incited by conservative political, religious and community leaders, with the upsurge in such activism since the 1990s encouraged or influenced by foreign anti-LGBTQ campaigners. Violent attacks and harassment against LGBTQ people are common, often performed or incited by state officials.
Precolonial context
There is widespread denial that homosexuality was practised before colonisation, and homosexuality is often considered "un-African" or "Western"; the promotion of LGBTQ rights is often viewed as a form of neocolonialism, the imposition of outside cultural values upon Africa.
Similarly to neighbouring Kenya, Rwanda and Burundi, male homosexual relations were acknowledged and tolerated in precolonial Ugandan society. Among the Baganda, Uganda's largest ethnic group, homosexuality was usually treated with indifference. The Luganda term refers to homosexuals, though usage nowadays is commonly pejorative. Among the Lango people, individuals were believed to form a "third gender" alongside male and female. The were effeminate men, mostly treated by Langi society as women and could marry other men without social sanctions. Homosexuality was also acknowledged among the Teso, Bahima, Banyoro, and Karamojong peoples. Societal acceptance eroded after the arrival of the British and the creation of the Protectorate of Uganda.
The last reigning Kabaka of Buganda, or king, Mwanga II, was known to have regular sexual relations with men and women: Having had a total of sixteen wives, he also had sex with his male pages, a traditional privilege of his royal position. The degree of the pages' autonomy and ability to give free consent is unclear. This uncertainty is exploited by anti-LGBTQ activists in Uganda – Mwanga is depicted as abusive and predatory. During his reign, Mwanga II increasingly regarded Christian missionaries and the European colonial powers as threats. He espoused an aggressive policy, expelling all missionaries and insisting that Christian and Muslim converts abandon their faith or face death. The ruling led to the execution of Mwanga's Christian pages who refused to leave their adopted religion. One view of Mwanga's action sees it as that of an absolutist ruler's demonstration of his omnipotence and refusal to countenance any dissent, regardless of whether the defiance was of a sexual nature or not; a contrasting view is that depicting Mwanga as an abuser who forced (homo)-sexual acts on his subjects and murdered them for not complying. The specific reasons for the execution of the king's pagesreligious and political conflict, or resistance to the ruler's authorityis contested. The advent of colonial rule was accomplished by 1894, nine years after the death of the pages. An earlier version of this article was published as:
Colonial and post-independence
Laws prohibiting same-sex sexual acts were first put in place under British colonial rule. They were retained and expanded following independence. Conservative evangelical Christian missionaries have had significant influence on the passage of anti-LGBTQ legislation in Uganda. In particular, evangelical activist Scott Lively delivered a speech at a 2009 anti-gay seminar in Uganda, and consulted influential Ugandans to affect the introduction of anti-LGBTQ legislation.
Current laws Anti-Homosexuality Act, 2023
In March 2023, Parliament passed the Anti-Homosexuality Act (AHA 2023), which had been introduced earlier the same month by Asuman Basalirwa. The draft law prescribed the death penalty for "aggravated homosexuals" and up to 20 years in prison for "promoters" of homosexuality. On 21 April, President Museveni sent the bill back to Parliament, which passed it again on 2 May with minor amendments by a vote of 348 to 1. Museveni signed it into law on 26 May. The Act, as passed, did not include the earlier proposed provision contained in the bill, that would have criminalised merely identifying as gay or non-binary.
Maximum penalties prescribed under the Act include: Life imprisonment for homosexual acts for attempted homosexual acts, imprisonment for 10 years Death penalty for "aggravated homosexuality" for attempted "aggravated homosexuality", imprisonment for 14 years Sex crimes such as the sexual abuse of children or other vulnerable people are included in the definition of ity (for example, sexual intercourse with a person not consenting or unable to consent, or younger than 18), so conflating these abusive behaviours with homosexuality. Additionally, intercourse with a person older than 75, or a disabled or mentally ill person are also listed as acts of "aggravated homosexuality". A person convicted of homosexuality more than once ("repeat" or "serial offender") or anyone who transmits serious infectious diseases while engaging in same-sex sexual conduct are also defined as "aggravated homosexuals".
People convicted of homosexuality or attempted homosexuality, aggravated homosexuality or attempted aggravated homosexuality cannot be employed in childcare facilities even after release.
Other penalties under the act include: Three years imprisonment for minors convicted of homosexuality Ten years imprisonment for knowingly renting premises to people who wish to engage in homosexual acts on such a premise Twenty years imprisonment for promoting homosexuality For "purporting to contract a same-sex marriage", as well as for knowingly attending a purported same-sex marriage ceremony: imprisonment for ten years. Failing to report a witnessed homosexual act: imprisonment for five years. Lawyers acting in their official capacity are exempt from this provision. For falsely accusing another person of homosexuality: imprisonment for one year In August 15, 2023, a 20-year-old man became the first person prosecuted for "aggravated homosexuality" under the law, for which he faces the death penalty. He was released on bail on July 30, 2024.
In 2023, the United States removed Uganda from eligibility for its African Growth and Opportunity Act trade program due to "gross violations of internationally recognized human rights", including the Anti-Homosexuality Act.
Proposed AHA 2023 version Before the Act was promulgated, there was a draft, the Anti-Homosexuality Bill (Bill no. 3 of 2023), that generated international news coverage. Had it passed intact it would have criminalised merely identifying as gay or non-binary, stipulating that "hold[ing] out as a lesbian, gay, transgender, a queer or any other sexual or gender identity that is contrary to the binary categories of male and female" was committing "an offence of homosexuality" and thus liable to the penalty of ten years in prison. This provision, 2(1)(d), was excluded from the Act that was passed and signed into law.
Prohibition of same-sex marriage
On 29 September 2005, President Yoweri Museveni signed a constitutional amendment prohibiting same-sex marriage. IGLHRC original: Clause 2a of Section 31 states: "Marriage between persons of the same sex is prohibited."
Superseded laws Penal Code Act 1950 The Penal Code Act 1950 contains provisions banning homosexual intercourse. The following sections of that Act are relevant:The 1950 Penal Code Act:
Before the Penal Code Amendment (Gender References) Act 2000 was enacted, only same-sex acts between men were criminalised. In 2000, that Act was passed and changed references to "any male" to "any person" so that grossly indecent acts between women were criminalised as well, and are now punishable by up to seven years imprisonment. The Act also extended this criminalising such acts to both homosexuals and heterosexuals, effectively outlawing oral sex and anal sex for everybody, regardless of sexual orientation.
2014 Anti-Homosexuality Act
On 13 October 2009, Member of Parliament David Bahati introduced the Anti-Homosexuality Act (AHA 2014), which would broaden the criminalization of same-sex relationships in Uganda and introduce the death penalty for serial offenders, HIV-positive people who engage in sexual activity with people of the same sex, and persons who engage in same-sex sexual acts with people under 18 years of age. Individuals or companies that promote LGBTQ rights would be fined or imprisoned, or both. Persons "in authority" would be required to report any offence under the Act within 24 hours or face up to three years' imprisonment.
In November 2012, Parliament Speaker Rebecca Kadaga promised to pass a revised anti-homosexuality law in December 2012. "Ugandans want that law as a Christmas gift. They have asked for it, and we'll give them that gift." The Parliament, however, adjourned in December 2012 without acting on the bill. The bill passed on 17 December 2013 with a punishment of life in prison instead of the death penalty for "aggravated homosexuality", and the new law was promulgated in February 2014.
In June 2014, in response to the passing of AHA 2014, the United States Department of State announced several sanctions, including, cuts to funding, blocking certain Ugandan officials from entering the country, cancelling aviation exercises in Uganda and supporting Ugandan LGBTQ NGOs.
In August 2014, the Constitutional Court of Uganda annulled this Act, ruling that it had been passed without the required quorum for the parliamentary vote.
Sexual Offences Bill, 2019
In May 2021, the outgoing parliament passed the Sexual Offences Bill, further criminalizing sex work and gay sex in the final days of its last session.