First Ugandan charged under anti-LGBTQ law may face death penalty

A young man in Uganda has been charged with ‘aggravated homosexuality’ – an offence punishable by death – in a historic first.

Considered one of the harshest in the world for targeting the LGBTQ community, the law came into effect in May after a bill was passed by MPs earlier this year.

Not a lot is known about the 20-year-old who was charged in the eastern city of Soroti on August 18, and is on remand in prison.

According to a charge sheet, the defendant is accused of ‘performing unlawful sexual intercourse’ with a 41-year-old man.

But it was not specified why the act was considered aggravated.

Jacqueline Okui, spokesperson for the office of the director of public prosecutions said: ‘Since it is a capital offence triable by the High Court, the charge was read out and explained to him in the Magistrate’s Court on August 18 and he was remanded.’

She said she was not aware of anyone else having been previously charged with aggravated homosexuality.

Meanwhile, attorney for the defendant Justine Balya stressed that the entire law was unconstitutional.

It has already been challenged in court, but the judges have not yet taken up the case.

Ms Balya said four other people have been charged under the law in the last three months and that her client was the first to be prosecuted for aggravated homosexuality.

But she declined to comment on the specifics of his case.

Some LGBTQ Ugandans have sought refuge in neighbouring countries like Kenya, where safe houses still operate – albeit also facing homophobic attacks.

Human rights activist Geoffrey, executive director of Pro-LGBTIQ Kenya, said: ‘Even before the president signed the “kill the gays bill” in Uganda, many LGBTQ people were living a miserable life since safe houses have been closed.

‘Many are now homeless, some are arrested or face mob justice, others are fleeing the country for their safety and our fundraiser has so far supported some people to come seek asylum here in Kenya.

‘Once they get to Kakuma refugee camp in north-western Kenya, they can wait for the United Nations High Commission for Refugees to resettle them to safer countries; a long process.’

Uganda has not executed anyone in around two decades, but capital punishment has not been abolished.

President Yoweri Museveni threatened in 2018 to resume executions to stop a wave of crime.

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