Washington D.C., USA, 22-27 July 2012www.aids2012.org

Assessing effects of anti-homosexuality legislation

in Uganda on HIV Prevention, Treatment,

and Care Services

Paul SemugomaChris Beyrer, Stefan Baral

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Overview

• Current legislation, and Effects

• History of AHB (2009)

• Relevant Provisions of AHB(2009)

• Conclusions

• Acknowledgments

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Current Sodomy LegislationUganda 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

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Results of Current Legislation• Little Programming

• Del Prado

• Ssempa statement

• DG Statement (2008)

• Fear

MSM Men (15+)0tan28a566028

0tan1a56601

0tan3a56603

0tan5a56605

0tan7a56607

0tan9a56609

0tan11a566011

0tan13a566013

0tan15a566015

Uganda

HIV Prevalence

Population

%

Source: Hladik, et al. Plos One, 2012

Washington D.C., USA, 22-27 July 2012www.aids2012.org

AHB No. 18

• 1st Reading 13th October 2009

• International Outcry, In country Demos.

• May 2011, 8th Parliament ends.

• Feb 2012, 9th Parliament, re-introduction

Washington D.C., USA, 22-27 July 2012www.aids2012.org

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.

Washington D.C., USA, 22-27 July 2012www.aids2012.org

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.'

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Mandatory Testing

• Clause 3 (3)

Where a person is charged...that person shall undergo a medical examination to ascertain his or her HIV status'.

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Promotion

• 'promotion of homosexuality'

• 'funding', 'sponsoring', 'offering premises for … homosexuality or promotion of homosexuality'.

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Conclusions

• Increased Closeting

• Attack on development of Social Capital– Disclosure– Any help

• Attack on Testing

• Provision of services Criminalised