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The ‘Anti-Homosexuality Act’ 2023 (the Act) was enacted in Uganda in May 2023 to prohibit any form of sexual relations between persons of the same sex and to prohibit the promotion or recognition of sexual relations between persons of the same sex. Punishments range from fines or years in prison, to the death penalty for ‘aggravated homosexuality’. 

Since the introduction to parliament, reports show an increase in gender-based violence, intimidation, and hate crime towards the LGBT+ community. Confusion about the Act among the public is legitimising vigilantism and acts of mob violence against, and even killing of, “known” or alleged homosexuals. 

Since the Act undermines the commitment to human rights inherent in the Ugandan Constitution, an appeal was launched  under consideration at the Ugandan Constitutional Court. 

As soon as the Act was passed, four Constitutional Petitions were filed in the Constitutional Court challenging virtually all the seventeen sections of the Anti-Homosexuality Act. In April 2024 the Constitutional Court in Uganda upheld the Act but ruled to nullify 3 sections of the Act:

• criminalising the letting of premises for use for homosexual purposes, 
• the failure by anyone to report acts of homosexuality to the Police for appropriate action, 
• and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.  

Further legal challenges are ongoing at time of publication. 

This briefing is intended to provide some context and information to Wales and Africa partnerships, plus suggest some courses of action to ensure safety of project participants and partner organisations, while standing in solidarity with LGBT+ people in Uganda and beyond.

We continue to stand in solidarity with the LGBT+ community in Uganda; both in bringing attention to the issues they are facing, and in developing practical actions for partnerships.

Hub Cymru Africa recognises that individual partnerships speaking out publicly against the legislation may create risks for the Ugandan partners, in case they are seen to be “promoting homosexuality” under the terms of the legislation.

Therefore, Hub Cymru Africa will continue to represent the community as a whole to reduce this risk. Following the WOAG statement in April 2023, a webinar in June 2023, and a shared learning event in Cardiff in January 2024, Hub Cymru Africa plans further work to act in solidarity with the LGBT+ community in Uganda. 

However, we also recognise that there is widespread misinformation and disinformation within Uganda about sexual and gender diversity being an externally driven Western agenda, and will be mindful of this. We will ensure that the voices of Ugandans are at the forefront, guiding our response at each step.

This guidance is informed by input from activists and human rights advocates from within the LGBT+ community in Uganda, from interviews with their partners in Wales, and consultation with experts in safeguarding and gender-based violence. We recognise the context in Uganda is complex, fluid and presents a variety of risks which partnerships need to be aware of and respond to in their programming.

The key principle underlying all our work is ‘Do No Harm’. 

It is vital that partnerships consider the risks of programming in this context and respond to these appropriately and safely. Partners should also recognise that the current environment poses direct risk of significant harm for the LGBT+ community in Uganda.