As Ugandan court upholds anti-gay law, activists fear rising hatred and violence
CBC
Kasha Jacqueline Nabagesera says Uganda's anti-gay legislation has already empowered people to abuse members of her community. Now, she fears it's about to get worse.
On Wednesday, Uganda's Constitutional Court largely upheld the 2023 Anti-Homosexuality Act, which punishes same-sex activity with long prison sentences, and in some cases, the death penalty.
Nabagesera, a Ugandan 2SLGBTQ+ activist who helped bring forward the case, says the law has already fuelled hatred in her home country, and this ruling will further fan those flames.
"Now Ugandans, you can continue to kill, to beat, to rape these people who simply love different from you," Nabagesera said during an emotional interview with As It Happens host Nil Köksal.
"It has given them impunity … [to] let every homosexual die simply because they're homosexual."
The law, passed last year in Uganda's parliament, has drawn widespread condemnation from the international community, rights organizations and 2SLGBTQ+ people inside and outside of the country.
Nevertheless, the judges said that it does not violate Uganda's constitution.
"We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither will we grant a permanent injunction against its enforcement," lead judge Richard Buteera said.
Before 2023, homosexuality was already illegal in Uganda under a colonial-era law criminalizing sexual activity "against the order of nature" with a punishment of life imprisonment.
The new law also carries penalties of up to life behind bars for consensual same-sex activity. What's more, it allows the death penalty for "aggravated homosexuality," which is defined as same-sex relations involving a minor and other categories of vulnerable people, or in which the accused has HIV.
A suspect convicted of "attempted aggravated homosexuality" can be imprisoned for up to 14 years, and the offence of "attempted homosexuality" is punishable by up to 10 years.
It also criminalizes the promotion of homosexuality, punishable by up to 20 years in prison.
"The judges are supposed to … protect vulnerable groups, but they have rather sided with majority Ugandans to punish minority groups," said Frank Mugisha, one the Ugandan 2SLGBTQ+ activists who asked the court to strike down the law.
He says he and his fellow petitioners plan to appeal the decision to the Supreme Court.