The Implications of the Anti-Homosexuality Bill 2009 on Uganda’s Legal System

Uganda’s Anti-Homosexuality Bill 2009 (AHB) is both welcomed and vehemently opposed by the parliament. The provisions of the bill pose a threat to the fundamental rights and freedoms of all persons in Uganda regardless of their sexual orientation, but far more so for Gay, Lesbian, Bisexual, Transgender, and Intersex (LGBTI) persons. Beyond the violations of human rights, the bill also poses unique questions for the legal system regarding its implementation and impact on established principles of law and criminal justice. This paper analyses the contents of the AHB, traces its background status as of the time of writing, analyses the legal issues that were likely to arise before it became law and the issues that did arise with the bill still in its pre-passed state and, finally, discusses some of the positive aspects of the bill.