Uganda’s enactment of the 2023 Anti-Homosexuality Act marks a dark chapter in the nation’s history, intensifying a decades-long campaign of discrimination, violence, and systemic oppression against lesbian, gay, bisexual, and transgender (LGBT) individuals. Titled “‘They’re Putting Our Lives at Risk’: How Uganda’s Anti-LGBT Climate Unleashes Abuse,” a 69-page Human Rights Watch report meticulously documents the actions of parliamentarians, government institutions, and public figures that culminated in this draconian legislation. This expanded exploration delves into the historical context, societal dynamics, legal frameworks, and human toll of Uganda’s anti-LGBT climate, uncovering hidden truths, analyzing relevant research, and highlighting the urgent need for reform.
Historical Context: A Legacy of Repression
Colonial Roots of Criminalization
The criminalization of same-sex conduct in Uganda traces back to British colonial rule, with the 1950 Penal Code Act, specifically Section 145, imposing life imprisonment for same-sex sexual acts between men. In 2000, the Penal Code Amendment (Gender References) Act expanded this to include women, reflecting a deliberate broadening of punitive measures. The 1995 Constitution, amended in 2005 under President Yoweri Museveni, explicitly banned same-sex marriage, embedding homophobia into the nation’s legal framework. These colonial-era laws, rooted in Victorian moralism, laid the groundwork for Uganda’s modern anti-LGBT policies, which have been weaponized to suppress dissent and consolidate political power.
Museveni’s Regime: Escalating Crackdowns
Since Museveni assumed power in 1986, his government has systematically curtailed freedoms of expression, assembly, and association, with LGBT individuals and activists facing disproportionate repression. The Public Order Management Act (POMA) of 2013 granted police sweeping powers to disrupt civic gatherings, often targeting LGBT events and activists. The 2016 Non-Governmental Organisations Act further restricted LGBT rights groups by vague provisions prohibiting activities “prejudicial to the interests of Uganda.” These laws have been used to raid pride events, censor media discussions, and ban organizations like Sexual Minorities Uganda (SMUG), creating a chilling effect on advocacy.
“The state has created a legal framework that not only criminalizes identity but also stifles any attempt to defend it.” — Human Rights Watch researcher
The 2023 Anti-Homosexuality Act: A Legislative Assault
Genesis and Passage
The 2023 Anti-Homosexuality Act, signed into law by Museveni on May 26, 2023, represents a culmination of years of escalating anti-LGBT rhetoric and policy. Building on the 2014 Anti-Homosexuality Act—struck down on procedural grounds—the 2023 law reintroduces harsh penalties, including life imprisonment for same-sex conduct and the death penalty for “aggravated homosexuality” in cases involving minors, people with disabilities, or those over 75. The law also criminalizes the “promotion of homosexuality,” imposing up to 20 years’ imprisonment for advocacy or support of LGBT rights, effectively silencing activists and organizations.
The legislative process was marked by haste and exclusion. Parliamentarian Asuman Basalirwa introduced the bill on February 28, 2023, and it was passed after a mere six days of public consultation and one day of debate. Speaker Anita Among’s inflammatory rhetoric, framing the bill as a “moral and cultural fight,” stifled dissent and equated opposition to the bill with homosexuality itself.
Key Provisions and Their Implications
The Act’s provisions are sweeping and punitive:
- Life Imprisonment: For consensual same-sex conduct, reinforcing colonial-era penalties.
- Death Penalty: For “aggravated homosexuality,” targeting vulnerable groups.
- Censorship: Bans on “promoting” homosexuality, criminalizing advocacy and support.
- Employment Discrimination: Requires disclosure of convictions to employers, disproportionately affecting women in caregiving roles.
While the Constitutional Court in April 2024 struck down provisions restricting healthcare access and criminalizing renting to LGBT individuals, it upheld the law’s core, claiming it reflected “the sentiments of the Ugandan people.” This ruling ignored international human rights obligations and constitutional guarantees of equality.
Societal and Cultural Dynamics: Fueling Hate
Role of Religious and Political Leaders
The passage of the 2023 Act was preceded by a surge in homophobic rhetoric from religious and political figures. Archbishop Stephen Kaziimba’s December 2022 warning against “bad groups” luring youth into “gay activities” and Bishop Joshua Lwere’s pledge to “fight all forms of homosexuality” exemplify the religious sector’s influence. Political leaders like Deputy Speaker Thomas Tayebwa falsely claimed that international agreements promoted homosexuality, while President Museveni labeled gay people “deviants” and called for investigations into their activities.
“Homosexuality is a danger to be prevented or avoided.” — Bishop Johnson Twinomujuni, February 2024
Media’s Complicity in Misinformation
Ugandan media outlets have historically amplified anti-LGBT sentiment, often with deadly consequences. The 2011 murder of activist David Kato followed a newspaper’s call to “hang homosexuals.” In 2022–2023, sensationalist coverage misrepresented LGBT rights initiatives, such as a Kasese bylaw aimed at improving healthcare access, as “same-sex bylaws.” This misinformation fueled public outrage, with media outlets like Red Pepper outing individuals and reinforcing stereotypes of LGBT people as predators.
Influence of Foreign Conservative Groups
Foreign evangelical groups, particularly from the United States, have played a significant role in shaping Uganda’s anti-LGBT climate. Organizations like Family Watch International and figures like Scott Lively have collaborated with Ugandan groups like the Family Life Network to draft legislation and organize anti-LGBT conferences. These efforts have framed homosexuality as a Western import, ignoring its colonial origins in Ugandan law, and have bolstered local narratives that justify discrimination as a defense of “family values.”
Human Toll: Violence, Harassment, and Displacement
Physical and Sexual Violence
The 2023 Act’s passage coincided with a spike in violence against LGBT individuals. The Strategic Response Team documented 70 cases of physical violence between January and August 2023, including beatings, sexual assaults, and “corrective” rapes aimed at “converting” individuals to heterosexuality. Transgender woman Florence was hospitalized for a week after a brutal attack in April 2023, with police failing to act on her complaint. Activist Stephen Kabuye was stabbed in January 2024, highlighting the targeted nature of these attacks.
“They were shouting, ‘Another gay is here,’ as they threw stones at my car.” — Derrick Kimera, LGBT activist
Raids and Arrests of Rights Groups
The government’s crackdown on LGBT rights organizations has crippled their operations. The banning of SMUG in August 2022, followed by raids on groups like Queer Youth Uganda and Peace and Comfort Foundation Uganda, involved arbitrary arrests, equipment seizures, and public shaming. Staff faced charges of “gross indecency” and “subversive activities,” often detained beyond legal limits without access to medical care or due process.
Digital Targeting and Extortion
Police have increasingly used social media and dating apps like Grindr for entrapment, arresting individuals like Emmanuel, who was extorted for 500,000 shillings after a staged meeting. Online harassment, including doxxing, has targeted activists like Derrick Kimera, whose personal information was shared in WhatsApp groups, exposing them to threats and violence. Platforms like TikTok have failed to address these abuses, often banning LGBT activists’ accounts instead.
Evictions and Economic Hardship
Prior to the Constitutional Court’s ruling, provisions criminalizing renting to LGBT individuals led to widespread evictions. Shelters like Talented Youth Community Fellowship and Initiative for Transformation Empowerment were forced to relocate, disrupting services for dozens. These evictions exacerbated economic vulnerabilities, particularly for transgender individuals and women, who face barriers to employment in Uganda’s gendered labor market.
Impact on Families
Families of LGBT individuals have faced social ostracism, verbal attacks, and economic losses. Parents like Grace and Sharon reported community harassment and threats against their children, with some losing business due to their support for LGBT family members. Domestic violence has intensified, with fathers rejecting LGBT children and their mothers, further marginalizing women in patriarchal households.
“No parent should ever be put in such a position as we find ourselves today.” — PFLAG Uganda open letter, March 2023
Legal and Human Rights Violations
International Obligations
Uganda’s actions violate multiple international treaties, including the African Charter on Human and Peoples’ Rights, the ICCPR, ICESCR, and the Maputo Protocol. These treaties prohibit discrimination based on sexual orientation and gender identity, mandating equal access to rights like health, housing, and employment. The UN Human Rights Committee’s ruling in Toonen v. Australia established that criminalizing consensual same-sex conduct violates privacy and non-discrimination rights. The African Commission’s Resolution 275 calls for laws to punish violence against LGBT individuals, a mandate Uganda has ignored.
Domestic Constitutional Conflicts
Uganda’s Constitution guarantees equality and non-discrimination, yet the 2023 Act contravenes these principles by targeting a specific group based on identity. The Constitutional Court’s April 2024 ruling, which upheld most of the Act, dismissed challenges based on privacy, expression, and employment rights, contradicting both domestic and international law.
State-Sponsored Hate Speech
The ICCPR prohibits incitement to hatred and violence, yet Ugandan officials have fueled anti-LGBT rhetoric without consequence. The 2011 Computer Misuse Act’s hate speech provisions have been misused to target government critics rather than address homophobic rhetoric, highlighting a selective application of justice.
Research and Methodology: Uncovering the Truth
Human Rights Watch’s report is grounded in extensive research conducted between August 2022 and April 2025, with interviews of 59 individuals, including LGBT people, activists, and parents. The study reviewed parliamentary debates, media coverage, and legal documents, providing a comprehensive picture of the anti-LGBT climate. Secure communication methods and pseudonyms protected interviewees’ safety, reflecting the high risks they face.
Recommendations for Change
Government Actions
The Ugandan government must:
- Repeal the 2023 Anti-Homosexuality Act and Penal Code provisions criminalizing consensual same-sex conduct.
- Enact comprehensive anti-discrimination legislation protecting all individuals, including on grounds of sexual orientation and gender identity.
- Condemn hate speech and violence against LGBT people, ensuring accountability for perpetrators.
- End police harassment, entrapment, and forced anal exams, which constitute torture.
Role of Civil Society and Media
Media outlets and NGOs should adopt inclusive programming, counter misinformation, and train staff on non-discrimination. Digital platforms must enhance content moderation to protect LGBT users and engage with local advocacy groups to address hate speech effectively.
International Community
Donors and international bodies like the African Commission should prioritize funding for LGBT rights groups, publicly denounce the Act, and pressure Uganda to uphold its human rights obligations. Stop-gap funding can address immediate gaps caused by program terminations.
Conclusion: A Call for Justice
The 2023 Anti-Homosexuality Act has unleashed a wave of violence, discrimination, and fear, tearing at Uganda’s social fabric and violating fundamental human rights. By criminalizing identity and silencing advocacy, the government has not only failed its citizens but also betrayed its international commitments. The stories of activists like Derrick Kimera, trans women like Florence, and parents like Sharon underscore the urgent need for repeal and reform. Uganda stands at a crossroads: it can continue down a path of repression or embrace equality and justice for all its people.
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