Parliament to vote on Anti-Homosexuality Bill today

Parliament is today March 21st  expected to vote on the Anti-Homosexuality Bill, 2023

According to today’s Order Paper, the Bill will be presented for the second and third reading by the Bugiri Municipality legislator, Mr Asuman Basalirwa.

It is not yet confirmed whether the voting will be a show of hands as it was earlier proposed by the Speaker of Parliament, Rt Hon Anita Among.


The Bill, among others, seeks to prohibit same-sex sexual relations, strengthen Uganda’s capacity to deal with domestic and foreign threats to the heterosexual family, safeguard traditional and cultural values and protect youth/children against gay and lesbian practice through imposing penalties on the perpetrators.


For instance, if the bill is enacted in its current form, homosexuals, landlords, brothel proprietors, chief executives of pro-gay organisations, journalists and film directors face imprisonment or fines, ranging from Shs5m to Shs100m. Offences of homosexuality and attempted or aggravated homosexuality will attract a maximum of 10-year jail term while any entity promoting the vice shall pay a fine of Shs100m among others.

However, while appearing before the Legal and Parliamentary Affairs Committee last week, the Attorney General (AG), Mr Kiryowa Kiwanuka, disagreed with some ministers who were in favour of the Bill saying that it is redundant due to multiple repetitions of offences in already existing legislation.

The Attorney General said that existing laws like the Penal Code Act can be amended to cater for provisions made in the Anti-Homosexuality Bill, 2023.

He listed several clauses in the Bill which he said are already catered for in existing laws which he said could tantamount to duplication if the Bill is passed.

The Attorney General cited clause 2 of the Bill that provides for the offence of homosexuality which he said is addressed by section 145 of the Penal Code that penalises unnatural offences.

Article 145(a) and (c) of the Penal Code states, ‘Any person who has carnal knowledge of any person against the order of nature’ and ‘any person who permits a male person to have carnal knowledge of him or her against the order of nature...commits a crime and is liable to imprisonment for life’.

The Attorney General said this provision already criminalizes homosexuality as is suggested in the Bill.
“If clause 2 of the Bill is to stand, there may be need to have a consequential amendment of the Penal Code Act. This is to bring clarity to the meaning of the phrase ‘against the order of nature’,” said Kiryowa Kiwanuka.

He cited clause 3(1)(b) of the Bill which stipulates that a person commits the offence of aggravated homosexuality where the offender is a person living with HIV.

The Attorney General noted that this is addressed by sections 41 and 43 of the HIV and AIDS Prevention and Control Act.

He also cited clause 13 of the proposed law that gives a penalty of 10 years imprisonment to a person who contracts a marriage with a person of the same sex or conducts a marriage ceremony between persons of the same sex.

The Attorney General said this would be a duplication of the Marriage Act.
“The Marriage Act defines a marriage and does not include same sex marriage. In any case, the Constitution under Article 31(2)(a) prohibits same sex marriages. As mentioned earlier, it is important to avoid duplication,” Kiryowa Kiwanuka added.

The Deputy Director of Public Prosecutions, James Owere,    concurred that there is need to amend existing provisions in the law.
“The Penal Code Act is supposed to be the main penal law and if we legislate in piecemeal on it, we would affect it. We recommend that we can overhaul existing laws to bring them in conformity with the current times,” Owere said.

The Ministry of Gender, Labour and Social Development recommended that the Bill should include provisions for juvenile homosexual offenders.

The offences in the proposed Anti-Homosexuality Bill, 2023 are vague and go against the principal of legality under the Constitution of Uganda, according to Dr. Adrian Juuko, the Executive Director of Human Rights Awareness and Promotion Forum.

Juuko cited section 29(1) of the Constitution that provides for freedom of expression and association among others saying that the proposed Bill's criminalization of homosexuality would in turn limit freedom of expression of individuals.
“If passed into law, this Bill would violate state obligations to respect, protect and promote the rights and freedoms of the individual and groups, under articles 20 and 45. Everyone including Parliament have the obligation to protect and fulfil human rights,” Juuko said.

Article 20(1) and (2) of the Constitution states that, ‘Fundamental rights and freedoms of the individual are inherent and not granted by the State’ and ‘the rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons’.

Article 45 states that, ‘The rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned’.

Juuko also said that the Bill replicates existing laws, citing clauses 5(2), 7, 9, 10, 11, 13, 16 and 17 that he said are redundant.