Two women are currently in custody in Uganda for allegedly kissing in public. The pair, whom Ugandan police arrested on February 18, are detained under the country’s Anti-Homosexuality Act, one of the most draconian anti-LGBT legislations in the world.
Uganda criminalizes consensual same-sex relations under its British colonial-era Penal Code Act. Over the last decade, the Ugandan government has increasingly further restricted the rights of lesbian, gay, bisexual, and transgender (LGBT) people, culminating in the 2023 Anti-Homosexuality Act.
The Act criminalizes consensual same-sex conduct with penalties of up to life imprisonment, attempted homosexual acts with penalties of up to 10 years’ imprisonment, and the death penalty for those convicted of “aggravated homosexuality,” which includes repeated same sex acts and intercourse with a person older than 75, or a person with a disability.
A police spokesperson said that the two women were arrested under suspicion of “practicing homosexuality” after community members reported them for engaging in “queer and unusual acts.” According to local media, they were held in police custody until February 27, then briefly released but re-arrested promptly.
While the Anti-Homosexuality Act originally included an obligation to report someone suspected of participating in same-sex acts, that provision was struck down by the Supreme Court in 2024.
The Act has had a devastating impact on the lives of LGBT people, activists, allies, and their families. LGBT activists in the country have reported an increase in physical attacks, violence, extortion, entrapment, and arbitrary arrest and detention. The arrest of the two women is only the latest in a series of many.
The Anti-Homosexuality Act contravenes Uganda’s obligations under international human rights law including the African Charter on Human and Peoples’ Rights, which guarantees equality before the law and protection from discrimination, violence, and arbitrary arrest. The African Commission on Human and People’s Rights has called on states to prevent violence and other human rights violations based on real or perceived sexual orientation or gender identity. These obligations require Uganda to protect LGBT people from harassment, arbitrary arrest, and abuse.
The Ugandan police should immediately release the two women. The Ugandan government should repeal the Anti-Homosexuality Act and the Penal Code provisions criminalizing consensual same-sex conduct, and ensure equal protection and non-discrimination for all, regardless of their sexual orientation or gender identity.
