Anti-Homosexuality Act, 2014

Not to be confused with Anti-Homosexuality Act, 2023.

Anti-Homosexuality Act, 2014
Parliament of Uganda
  • An Act to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.
CitationAct No. 4 of 2014
Territorial extentUganda
Passed byParliament of Uganda
Passed20 December 2013
Signed byYoweri Museveni
Signed24 February 2014
Commenced24 February 2014
Legislative history
Bill citationAnti Homosexuality Bill, 2009
Introduced byDavid Bahati (NRM)
Introduced14 October 2009
Struck down by
Constitutional Court of Uganda
Summary
Broadens criminalisation of same-sex relations in Uganda
Status: Struck down

The Anti-Homosexuality Act, 2014[1] was an act passed by the Parliament of Uganda on 20 December 2013, which prohibited sexual relations between persons of the same sex. The act was previously called the "Kill the Gays bill" in the western mainstream media due to death penalty clauses proposed in the original version,[2][3][4][5] but the penalty was later amended to life imprisonment. The bill was signed into law by the President of Uganda Yoweri Museveni on 24 February 2014.[6][7] On 1 August 2014, however, the Constitutional Court of Uganda ruled the act invalid on procedural grounds.[8][9][10]

The act would have broadened the criminalisation of same-sex relations in Uganda domestically. It also includes provisions about persons outside of Uganda who are charged with violating the act, asserting that they may be extradited to Uganda for punishment there. The act also includes penalties for individuals, companies, and non-governmental organisations that aid or abet same-sex sexual acts, including conducting a gay marriage. Furthermore, the act enables the Ugandan government to rescind international and regional commitments it deems outside of the interest of the act's provisions.[11]

Same-sex relationships have been illegal in Uganda since colonial rule – as they are in many African countries, especially former British colonies[12][13] – and before this Act was passed, they were punishable by incarceration in prison for up to 14 years. The act was introduced as the Anti Homosexuality Bill, 2009 by Member of Parliament (MP) David Bahati (National Resistance Movement) on 14 October 2009.[2] A special motion to introduce the bill was passed a month after a two-day conference was held in which three Christians from the United States asserted that homosexuality is a direct threat to the cohesion of African families. The international community, however, assailed the law, accusing the Ugandan government of encouraging violence against LGBT people with the law. The United States imposed economic sanctions against Uganda in June 2014 in response to the law, the World Bank indefinitely postponed a $90 million aid loan to Uganda and the governments of Denmark, the Netherlands, Sweden and Norway halted aid to Uganda in opposition to the law; the Ugandan government defended the bill and rejected condemnation of it, with the country's authorities stating President Museveni wanted "to demonstrate Uganda's independence in the face of Western pressure and provocation".[14] Several sources have noted that the act has exacerbated both the endemic homophobia in Uganda and the associated discussions about it. Others more specifically claim that such legislative actions are the result of politicized homophobia, a rhetorical tool used to further the interests of political leaders in the form of gaining popularity and/or distracting from corrupt behaviour.[15]

Parliament passed similar bills in 2021 and 2023: the Sexual Offenses Bill, 2019, passed in May 2021 and vetoed by President Yoweri Museveni and the Anti-Homosexuality Bill, 2023.

  1. ^ The Uganda Gazette (PDF), vol. CVIII, Uganda Printing and Publishing Corporation, 10 March 2014, p. 157
  2. ^ a b Cite error: The named reference Ambrosino Aug 2014 was invoked but never defined (see the help page).
  3. ^ Malone, Barry (13 May 2011). Uganda's "kill the gays" bill shelved again Reuters. Retrieved 2 September 2011
  4. ^ Thockmorton, Warren (23 July 2011). Pastor decries "misrepresentation" of "kill the gays" bill, Salon.com. Retrieved 2 September 2011.
  5. ^ Pearson, Christopher (16 January 2011.) Don't blame preachers for anti-gay bill, The Australian. Retrieved 2 September 2011.
  6. ^ "Uganda's President signs anti-gay bill into law". CNN News. 24 February 2014. Retrieved 24 February 2014.
  7. ^ "Museveni signs Uganda anti-gay bill". NEWS24. 24 February 2014. Retrieved 24 February 2014.
  8. ^ "Uganda anti-gay law challenged in court". The Guardian. AFP. 31 July 2014. Retrieved 1 August 2014.
  9. ^ "Uganda court annuls anti-gay law". BBC News. 1 August 2014. Retrieved 1 August 2014.
  10. ^ "Uganda constitutional court annuls new anti-gay law". Times LIVE. AFP. 1 August 2014. Retrieved 1 August 2014.
  11. ^ McKay, Tara; Angotti, Nicole (2016). "Ready Rhetorics: Political Homophobia and ACtivist Discourses in Malawi, Nigeria, and Uganda". Qualitative Sociology. 39 (4): 398. doi:10.1007/s11133-016-9342-7. S2CID 6723027.
  12. ^ Cite error: The named reference hanomahoney was invoked but never defined (see the help page).
  13. ^ Cite error: The named reference ireland was invoked but never defined (see the help page).
  14. ^ "US imposes sanctions on Uganda for anti-gay law". BBC News. 19 June 2014. Retrieved 30 November 2018.
  15. ^ McKay, Tara; Angotti, Nicole (2016). "Ready Rhetorics: Political Homophobia and Activist Discourses in Malawi, Nigeria, and Uganda". Qualitative Sociology. 39 (4): 399. doi:10.1007/s11133-016-9342-7. S2CID 6723027.