Uganda’s harsh anti-gay law alarms its original conservative backers

U.S. President Joe Biden called the anti-gay law a grave violation of human rights for which the East African nation could suffer cuts to its $1 billion in investment and aid. The World Bank has also signaled it may withhold funds over the legislation which violates its non-discrimination principles. The European Union and Canada also criticized Uganda. In a meeting on Tuesday with US envoy to Uganda Natalie Brown, President Museveni said the West’s criticism of the anti-gay law is unjustified and based on a distortion of facts.

Ugandan human rights activists have taken the fight to court to have the law annulled. Two petitions were filed at the constitutional court in Kampala, challenging the law which the petitioners said contravenes the constitution.

“The law is so draconian that it ought to shock the conscience of any human being,” says Fox Odoi, lead petitioner and one of only two MPs that voted against the bill on the floor of Parliament. Uganda’s Attorney General Kiryowa Kiwanuka told Semafor Africa the government will file a response to the legal action.

The outcome of the petitions could become the blueprint for some 22 African countries, including Kenya and Ghana, that are working on similar laws that would criminalize being lesbian, gay, bisexual, transgender, or queer on the continent.

It’s striking that even local and American conservatives say Uganda’s new legislation is too harsh. The domestic and international blowback, and the possibility of diplomatic and economic sanctions from the West could well mean passage of the bill actually leads to Uganda having to row back its anti-gay positions.

The passage of the bill also suggests lawmakers went further than the government wanted. President Museveni returned the bill to parliament to have it toned down but still signed it with the clauses referring to capital punishment and life imprisonment for same-sex acts. Regardless, the bill would have become law on its  the third reading — with or without his signature.

The future of the law may now be decided in court. Campaigners say due process was not followed in passing the law. After being tabled, the bill on which the law was based was sent to a parliamentary committee for public hearing — a period that is meant to take 45 days, according to parliament’s rules, but was concluded in six days. “We are already a marginalized community and now we are being swept further underground,” gay rights activist Kasha Nabagesera, of Freedom Roam Uganda, told me.

Martin Ssempa, a church minister and author, said a “colonial battle” is being waged to reject attempts by the U.S. to impose its views on homosexuality onto Africans. “Aggravated homosexuality is the same offense as aggravated defilement for heterosexual relations, and it attracts a death sentence,” said Ssempa. Aggravated homosexuality is defined here as same-sex sexual acts with children, disabled individuals or anyone else deemed under threat. “Why does anyone want to tell us that it is harsh under homosexuality but it isn’t under straight sex relations? That’s just a frame and we reject that.”

“In South Africa the attack on members of the LGBTIQ community is considered a hate crime,” said Theto Thakane Nareadi Mahlakoana, a human rights activist. ”The legalization of same-sex marriage n November 2006 made the country the exemplar for gay and lesbian rights in Africa and there has been no indication of these laws ever being challenged,” said Mahlakoana.