Criminalization of homosexuality in Uganda: the law, courts, and public opinion

Abstract

Criminalizing of homosexuality has significant implications on the LGBTQ+ community. In Uganda where same sex relationships are not only stigmatized but also subjected to legal persecution, it creates a ripe ground for their marginalization. This research thesis seeks to investigate the law as it pertains to consensual same sex relationships, how courts interpret and apply the different laws and how relevant they are as far as the protection and promotion of LGBTQ+ rights goes. Although international human rights standards advocate for decriminalization and social inclusion, Uganda’s legal provisions on same sex relationships have reinforced negative legislative accommodation and public sentiment. Through a qualitative analysis of legislation, court cases and public opinion, the dissertation examines how legal mechanisms are employed to enforce moral norms and social order. The findings reveal a significant gap between the existence of human rights, its application in favor of the LGBTQ+ community and grass root perceptions of homosexuality, highlighting the role of culture and religion in shaping public attitudes. The dissertation argues that while the law on human rights advocates for protection and promotion of human rights, both the law and public sentiment reflect prevailing homophobic sentiments. Despite this, the dissertation espouses that courts serve as battlegrounds for human rights discourse, demonstrating their importance on the road towards legal and social inclusion of the LGBTQ+ community. Ultimately, this research underscores the need for nuanced understanding of the implications of criminalization, advocating for legal reform and increased awareness to foster a more inclusive society in Uganda.