Newswise — [KAMPALA] Uganda’s anti-homosexuality bill, if signed into law, could lead to the withdrawal of foreign aid and threaten goals to end HIV/AIDS by 2030, advocates warn.
Uganda’s parliament passed the revised Anti-Homosexuality Act (AHA), which criminalises homosexual conduct, with minimal amendments this week (2 May).
The legislation was first passed at the end of March but revised in April after President Yoweri Museveni returned it to parliament for amendments.
“If it becomes law, it will increase stigma and discrimination against LGBTQ people and men who have sex with men, further limiting prevention and treatment services.” - Richard Lusimbo, director-general, Uganda Key Populations Consortium
The legislation stipulates a sentence of life imprisonment for engaging in same-sex sexual activity and up to ten years of imprisonment for attempted same-sex acts. It also introduces the death penalty for cases of "aggravated homosexuality" and criminalizes the "promotion" of homosexuality, which many individuals believe may foster homophobia.
UNAIDS cautioned that enacting the bill would put at risk the advancements made in the battle against HIV/AIDS and weaken basic human rights, such as the right to life and the right to health.
“Uganda’s new Anti-Homosexuality bill is an outrage,” said Winnie Byanyima, executive director of UNAIDS.
“Access to timely and quality health care is a human right - sexual orientation should not determine one's rights.”
According to Anne Githuku-Shongwe, the director of the UNAIDS support team for Eastern and Southern Africa, Uganda has made significant strides in combating the HIV/AIDS epidemic. However, she cautioned that passing the new bill into law would undermine those achievements. "If enacted, this bill would impede the progress made so far," she stated.
Human rights ‘disaster’
A study published in The Lancet revealed that HIV prevalence is notably higher among men who engage in sexual activity with men (MSM) and in African nations that have laws criminalizing same-sex relationships.
Richard Lusimbo, the Director-General of Uganda Key Populations Consortium, a human rights organization, stated that if the bill is enacted, it will exacerbate the stigmatization and discrimination faced by LGBTQ (lesbian, gay, bisexual, transgender, and queer) individuals and men who have sex with men, leading to further constraints on prevention and treatment services.
Lusimbo added that should the bill be approved, it would have catastrophic consequences for the human rights of LGBTQ individuals, public health, and the efforts to combat HIV/AIDS.
The US government has warned that it may pull back its financial assistance to Uganda via the President's Emergency Plan for AIDS Relief (PEPFAR) if the bill becomes law.
According to a spokesperson from the US State Department, "We are currently evaluating the likelihood that the Anti-Homosexuality Act, if signed, could impede our ability to provide critical and life-saving prevention, care, and treatment services equitably to all Ugandans who receive support from PEPFAR."
PEPFAR’s annual HIV/AIDS response investment in Uganda is about US$400 million.
Despite the pressure from various governments, including the US, there are concerns that President Museveni may still approve the bill. However, it is important to note that the power to enact a bill into law does not rest solely with the president.
Despite the mounting pressure from several governments, including the US, there are apprehensions that President Museveni might authorize the bill. Nonetheless, it should be noted that the authority to pass a bill into law does not solely lie with the president.
During a conference titled 'Protecting African Culture and Family Values' on April 22, President Museveni expressed gratitude towards the Ugandan parliament for passing the bill.
He commended the parliament members for standing firm against what he described as pressure from imperialists, indicating his support for the bill, which activists and advocates have labeled as a draconian law.
The passing of the bill is potentially setting a precedent for other African nations, as countries such as Kenya, Tanzania, Ghana, and others have shown indications of their readiness to introduce comparable bills in solidarity with Uganda.
Charles Brown, who heads Preventive Care International (PCI), a Ugandan non-profit organisation that concentrates on HIV prevention, thinks that the bill is severe and inadequately deliberated. He worries that it will reinforce the inaccessibility of health care services for individuals in same-sex relationships.
Brown told SciDev.Net that the landlady of one of his offices in western Uganda has already contacted him, saying that she was informed that their organization promotes homosexuality and is afraid of being apprehended. Brown fears that this will lead to his eviction.
“We hope that the president doesn't sign it into law,” he added.
This piece was produced by SciDev.Net’s Sub-Saharan Africa English desk.
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