Uganda has charged two men separately with "aggravated homosexuality," the first cases in the country since the regulation was passed, which could result in death sentences.

On Aug. 18, a 20-year-old man from the district of Soroti, located in the eastern parts of Uganda, was charged after he allegedly performed unlawful sexual intercourse with another man who was 41 years old and had a disability.

Uganda's New Anti-Homosexuality Law

The spokesperson announced the office of the Director of Public Prosecutors, Jacqueline Okui. Under the widely criticized new law, "aggravated homosexuality" involves incest, sex with children, people with disabilities, or the elderly.

The act, which lawmakers signed into law in May, also criminalizes gay marriage in the country and punishes same-sex acts with life imprisonment. The development has been several decades since Uganda's last execution.

However, the country's longtime President, Yoweri Museveni, threatened in 2018 that he plans to resume state assent for capital punishment. On the other hand, attorney Justine Balya, representing the 20-year-old man charged with aggravated homosexuality, said that the punishments under the law are out of proportion, as per CNN.

Balya said that the fact that the new law was enforced in such a way makes it unconstitutional because it aims to criminalize what is often consensual conduct between adults. The attorney added that similar cases could go to trial after a long delay, saying she expects her client to be in pre-trial remand for quite some time.

She also noted that they represent several individuals arrested for lesser offenses under the country's new Anti-Homosexuality Act. But the man arrested in Soroti is only the second to be charged with capital offense since May.

The first man who was charged with aggravated homosexuality is from the Jinja district located in eastern Uganda. The charges came last month as he allegedly performed a sexual act with a child aged 12 years and was of the same sex.

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Death Penalty

The law, considered one of the harshest of its kind globally, has received criticism from the United Nations, foreign governments, including the United States, and global rights groups, according to The Guardian.

The situation comes after the World Bank announced that it was suspending new loans to Uganda, arguing that the homosexuality law "fundamentally contradicts" the values of the U.S.-based lender.

In May, United States President Joe Biden called for the immediate repeal of the new measures that he called a "tragic violation of universal human rights." He also threatened to cut aid and investment in Uganda if the problem is not addressed.

The recent cases of individuals charged with aggravated homosexuality highlight the threats that LGBTQ+ people in Uganda face since the passing of the new law in May. Human rights advocates have argued that the new law promotes a "witch hunt" of sexual minorities.

This includes people who are perceived to be sexual minorities and those who offer them support. The new law has already sent many people from the LGBTQ+ community into hiding, fearing for their well-being, said NPR.

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