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Uganda LGBTQ community in shock as new anti-lgbt law passes

23.03.2023

KAMPALA, March 22 - Members of Uganda's LGBTQ community are in shock and fear being arrested after parliament passed a new law that makes it a crime to identify as gay and imposes tough sentences that include the death penalty in certain cases, an activist said on Wednesday.

The Anti-Homosexuality Bill, 2023, was passed by a majority of lawmakers in the east African country where anti-gay sentiment runs deep.

U.S. secretary of state Antony Blinken said on Wednesday that the law would undermine fundamental human rights and reverse gains in the fight against HIV AIDS, and urged authorities to reconsider implementation of the law.

Frank Mugisha, one of the few Ugandans who live openly as gay, told Reuters he was scared that the law would trigger mass arrests of lesbian, gay, bisexual, transgender and queer LGBTQ persons and mob violence toward LGBTQ communities. LGBTQ people are going to fear going to health centers for services. He said there is going to be a lot of trauma and cases of mental health that will lead to a lot of suicide.

In Uganda, same-sex relations were already illegal, but supporters of the new law say it is needed to punish a broader range of LGBTQ activities, which they say threaten traditional values in the conservative and religious East African nation.

It includes a lengthy sentence that includes death for aggravated homosexuality and life in prison for same-sex relations. Aggravated homosexuality involves same-sex relationships with people under the age of 18 or when the perpetrator is HIV positive, among other categories, according to the law.

The legislation will be sent to President Yoweri Museveni, who has denounced homosexuality, to be signed into law.

Mugisha, whose charity advocates for LGBTQ rights was shut down last year, said it was a moment of shock for the LGBTQ community.

Mugisha said he would challenge the law in court on grounds that it was unconstitutional and violated various international treaties to which Uganda is a signatory. He didn't say when he would file a case.

According to two Kampala-based lawyers contacted by Reuters, a case such as his would stand a good chance of striking down the law.

Lawyer Adrian Jjuko said that the law violates fundamental constitutional rights like privacy and free speech, so I think it will be a strong case.

Anti-gay legislation passed in 2013 triggered cuts to aid and investment, but was struck down by the court on procedural grounds.