Assessing effects of anti-homosexuality legislation in Uganda on HIV Prevention, Treatment, and Care Services Paul Semugoma Chris Beyrer, Stefan Baral
Overview • Current legislation, and Effects • History of AHB (2009) • Relevant Provisions of AHB(2009) • Conclusions • Acknowledgments
Current Sodomy Legislation Uganda Penal Code Act Section 145. Unnatural offences. Any person who— • (a) has carnal knowledge of any person against the order of nature;..... • (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.7
Results of Current Legislation Little Programming Del Prado Ssempa statement DG Statement (2008) Fear Source: Hladik, et al. Plos One, 2012
AHB No. 18 • 1st Reading 13th October 2009 • International Outcry, In country Demos. • May 2011, 8th Parliament ends. • Feb 2012, 9th Parliament, re-introduction
Persons in Authority • To 'impose a burden on the community to report homosexuals',all 'persons in authority', defined as one with 'power or control over other people because of your knowledge and official position... including … social authority' are by law required to report them within 24 hours to authorities. Failure to report leaves one liable to a fine or imprisonment.
HIV Seropositive • Clause 3 (1), b 'A person commits the offence … aggravated homosexuality where the b) Offender is a person living with HIV'. …. • Clause 3 (2) 'A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer Death.'
Mandatory Testing • Clause 3 (3) Where a person is charged...that person shall undergo a medical examination to ascertain his or her HIV status'.
Promotion • 'promotion of homosexuality' • 'funding', 'sponsoring', 'offering premises for … homosexuality or promotion of homosexuality'.
Conclusions • Increased Closeting • Attack on development of Social Capital • Disclosure • Any help • Attack on Testing • Provision of services Criminalised