Siyanda Magayana
Cape Town - The Ugandan president has enacted a law that makes it even more illegal for lesbian, gay, bisexual, transgender, and intersex (LGBTI+) people to be who they identify as.
The Anti-Homosexuality Act, among others, increases the already-criminalised life sentence for consensual same-sex between consenting adults and adds the death penalty for what is known as “aggravated homosexuality”.
Additionally, it criminalises activities that supposedly support homosexuality and homosexuals, and carries a potential 20-year prison term.
The act also explicitly states that it aims “to protect the traditional family” in Uganda, a traditional African nation, which criminalises and forbids same sex couples, parents, and other individuals from starting families and having children.
This conveys the notion that African LGBTQ+ people, specifically in Uganda, have no place in the families, communities, and other parts of society to which they belong. It also merely challenges LGBTQ+ Africans’ African identities as it erases their existence in the country altogether.
Therefore, as activists, decision-makers, researchers, and residents of all parts of Africa, we should think about what this means for LGBTQ+ people in our communities. We should think about the impact of this law on LGBTQ+ people’s feelings of agency, right to life, right to make their own decisions, and sense of belonging.
The anti-homosexuality legislation in Uganda mentions “... protecting children and youth who are made vulnerable to sexual abuse through homosexuality and related acts”.
Such a statement is factually incorrect and is based on a misconception, implying that homosexuality and/or homosexual people are largely the perpetrators of sexual abuse and violence because of their acts. This viewpoint is flawed and misleading because sexual abuse can occur in any context, regardless of sexual orientation.
Equating with sexual abuse is a deeply problematic and false narrative that can have severe consequences for LGBTQ+ individuals. It is important to recognise that being homosexual or engaging in same-sex relationships does not in itself make individuals more likely to be perpetrators or victims of sexual abuse.
This view perpetuates harmful stereotypes and misconceptions about sexual orientation, which can further fuel discrimination and violence against LGBTQ+ individuals in our communities.
It also contributes to the stigmatisation and marginalisation of LGBTQ+ individuals, creating an environment where LGBTQ+ individuals are at higher risk of experiencing violence, discrimination, and social exclusion.
By falsely portraying homosexuality as a form of abuse, these narratives further entrench homophobia and reinforce negative attitudes towards the LGBTQ+ community in Africa.
Anti-homosexuality legislation and similar legislation in other countries often use the language of protecting children and combating sexual abuse to justify their discriminatory policies.
By linking homosexuality to sexual abuse, proponents of such legislations aim to demonise and criminalise same-sex relationships, portraying them as inherently harmful or predatory.
However, it is important to understand that homosexuality is not synonymous with sexual abuse.
LGBTQ+ individuals are already faced with risks to their safety and well-being, including “corrective” rape, physical attacks, social ostracism, and the threat of mob violence.
Such a law has broader implications that go far beyond the borders of Uganda. More than anything, the law further silences and erases the voices and existence of LGBTQ+ bodies in African communities and increases the justification of and vulnerability to corrective rape and killings. Many will be displaced, killed, excluded, and erased from our communities.
Magayana is a senior officer for Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice at the Free State University
Cape Times