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Main article: Uganda Anti-Homosexuality Bill,
On 13 October 2009, Member of Parliament David Bahati introduced the Anti-Homosexuality Act, 2009, which would broaden the criminalization of same-sex relationships in Uganda and introduce the death penalty for serial offenders, HIV-positive people who engage in sexual activity with people of the same sex, and persons who engage in same-sex sexual acts with people under 18 years of age. Individuals or companies that promote LGBT rights would be fined or imprisoned, or both. Persons "in authority" would be required to report any offence under the Act within 24 hours or face up to three years' imprisonment.

In November 2012, Parliament Speaker Rebecca Kadaga promised to pass a revised anti-homosexuality law in December 2012. "Ugandans want that law as a Christmas gift. They have asked for it, and we'll give them that gift." The Parliament, however, adjourned in December 2012 without acting on the bill.[19] The bill passed on 17 December 2013 with a punishment of life in prison instead of the death penalty for "aggravated homosexuality", and the new law was promulgated in February 2014.

In June 2014, in response to the passing of this Act, the American State Department announced several sanctions, including, among others, cuts to funding, blocking certain Ugandan officials from entering the country, cancelling aviation exercises in Uganda and supporting Ugandan LGBT NGOs.

In August 2014, Uganda's Constitutional Court annulled this law on a technicality because not enough lawmakers were present to vote.

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Statutes:

Laws prohibiting same-sex sexual acts were first put in place under British colonial rule in the 19th century. Those laws were enshrined in the Penal Code Act 1950 and retained following independence. The following sections of that Act are relevant:

Section 145. Unnatural offences. Any person who-
(a) has carnal knowledge of any person against the order of nature; [or]
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature,
commits an offence and is liable to imprisonment for life.

Section 146.
Attempt to commit unnatural offences. Any person who attempts to commit any of the offences specified in section 145 commits a felony and is liable to imprisonment for seven years.

Section 148.

Indecent practices. Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years.

Before the Penal Code Amendment (Gender References) Act 2000 was enacted, only same-sex acts between men were criminalized. In 2000, that Act was passed and changed references to "any male" to "any person" so that grossly indecent acts between women were criminalized as well, and are now punishable by up to seven years imprisonment.

The Act also extended this criminalizing such acts to both homosexuals and heterosexuals. This effectively outlawed both oral sex and anal sex, regardless of sexual orientation, under the Penal Code.

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All the articles featured in this magazine are about the plight of LGBTI people in Gambia, Africa and the world. Copyright remains the property of the contributors and sources. GayPride Gambia does not claim ownership. Commons license rights asserted.

3 Comments

  • Yahya Jammeh News

    21 November, 2014 1:47PM EST

    ' Gambia: Life Sentence for 'Aggravated Homosexuality'

    Reply
  • Yayah Toure

    November 18, 2014 12:00 am

    Gambia must stop wave of homophobic arrests and torture.

    Reply
    • Yasmin Amin

      Tue 9 Sep 2014 00.18 BST

      Gambia's president threatens to slit the throats of gay men.

      Reply