By Leonard Kamugisha Akida,
KAMPALA
The Director of Public Prosecution (DPP) Jane Frances Abodo has directed prosecutors under the oDPP to submit case files on homosexuality to her office for guidance before charging the victims.
“You are hereby directed to ensure that all files with charges under Anti-Homosexuality Act should first be submitted to headquarters with a legal opinion for further guidance before a decision to charge is made,” DPP Abodo directed
This is because some officers are preferring a number of charges of homosexuality and aggregated homosexuality without internalizing critical aspects in the Anti-Homosexuality Act, 2023.
The Anti-Homosexuality Act came into force on May 30, following president Museveni’s assent to the bill.
The controversial law criminalizes offences where a sexual act has been peformed as defined in section 1 of the act.
Also, section 2(5) and 3(5) of the Anti-Homosexuality Act provides that; “for the advance of doubt, a person who is alleged or suspected of being a homosexual who has not committed a sexual act with another person of the same sex, does not commit the offence of homosexuality under this section.”
But, DPP Abodo says some officers are not well managing cases under the Anti-Homosexuality Act, 2023 urging them to respect provisions of the Act.
“Officers are therefore advised to peruse files with offences under homosexuality cautiously while taking into account of the above-mentioned provisions,” she advised
Ugandans charged with homosexuality and aggregated homosexuality
Since it’s coming into force on May 30, a number of Ugandans have been charged with homosexuality and aggravated homosexuality, while others are detained in police cells on similar allegations.
On August 18, Reuters News Agency reported that a 20-year-old man could face death penalty after court charged him with aggravated homosexuality a capital offense under the Anti-Homosexuality law. The suspect became the first Ugandan to be charged with homosexuality under this controversial law.
“A court in eastern Uganda charged the man on 18 August, following allegations that he engaged in sexual relations with a 41-year-old man. But it was not clear why it was considered that this fell under the category of “aggravated homosexuality”, Reuters reported
According to the law, the “aggravated” category includes having gay sex with someone below the age of 18 or where someone is infected with a life-long illness including HIV.
On 22 August, another Ugandan court charged a former gay rights activist and another man with homosexuality, according to Uganda’s Daily Monitor Newspaper.
Last week, another Ugandan court charged a 26-year-old Patricia Nantume, the owner of a massage parlour in Njeru Buikwe with human trafficking and three counts of homosexuality.
World Bank Threats
The Anti-Gay law has raised criticism against Uganda with big economies such as the World Bank withdrawing funding of new public loans for the country. The law is also affecting other sectors such as the tourism sector since majority of the tourists that visit Uganda are either homosexuals or coming from renown Gay countries. The world Bank argued that the law contradicts its core values.
