The 12 offences, penalties in new anti-gay legislation

Penalties range from death for aggravated homosexuality to imprisonment sentences not exceeding 20 years.Photo/istockphoto

What you need to know:

  • Penalties range from death for aggravated homosexuality to imprisonment sentences not exceeding 20 years. 

Parliament on Tuesday enacted the Anti-Homosexuality Bill, 2023, prescribing tough penalties for offences covering participating in, promotion, facilitation and failure to report acts of homosexuality. 

Penalties range from death for aggravated homosexuality to imprisonment sentences not exceeding 20 years. 

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Any Ugandan who fails to report acts of homosexuality faces a fine of Shs100m or imprisonment for six months. However, a person who intentionally makes false or misleading allegations against another person to the effect that the person has committed an offence under this Act faces a year in prison. 

The Act
The Act also bans a person convicted of the offence of homosexuality or aggravated homosexuality from employment in a child care institution, while ex-convicts of the said offences will have to disclose such record to prospective employers. 

At least 389 legislators attended the sitting that overwhelmingly passed the Bill that was introduced by Bugiri Municipality MP Asuman Basalirwa early this month, which the proponents argue is aimed at, among others, protecting the traditional family by prohibiting any form of sexual relations between persons of the same sex and promotion of such acts.

The offences and penalties have, however, received mixed reactions, with human rights activists condemning it as discriminatory and regressive. The Bill now awaits assent by the President to become law. 

Punishment for homosexuality

Offence

Penalty

Homosexuality

20-year imprisonment

Attempted homosexuality

10-year imprisonment

Aggravated homosexuality

Death

Attempted Aggravated homosexuality

14-year imprisonment

Child homosexuality

Three-year imprisonment

Child grooming (recruiting, displaying/ distributing  material displaying same-sex sexual acts, performing a  same sex-sexual act in presence of a child)

20-year imprisonment

Allowing use of any premises for purposes of homosexuality [owner, occupier or manager]
 

10-year imprisonment 

Purporting to contract,  presiding over, witnessing, attending same-sex marriage

10-year imprisonment

Promotion of homosexuality [encourages or persuades same gender sexual acts, advertises, publishes, provides financial support, uses or allows another person to use any premises for homosexuality],

20-year imprisonment

Promotion by a legal entity

● Fine of 50,000 currency points     

 ●  Suspension (10 years)  or cancellation of licence

Failure to disclose sexual offences record when applying for a job in a child care institution

Two-year imprisonment and termination

Failure to report intentions or acts of homosexuality 

Fine of Shs100m, or imprisonment for six months.