When Uganda passed the Anti Homosexuality Act of 2023, activists warned that the law would be used to marginalise a disadvantaged community further. In the months that followed, Ugandan officials claimed first that the law would not be implemented, and that they were not targeting consensual relations. They insisted that their main focus would be “recruiters” and still framing homosexuality in itself as an un-African foreign import. In the two years since, several Ugandans perceived as lesbian, gay, bisexual, transgender, intersex or queer (LGBTIQ) have been arrested, evicted from their homes, and suffered physical injuries, according to human rights groups that track violations.
While the inherited British colonial Penal Code only includes a vague provision criminalising sexual activity “against the order of nature”, the AHA was drafted to be more specific. In discussions on the law, lawmakers pointed out that lesbians and women who love women should also face criminal sanctions. Two years down the line, two young women were arrested and held in custody by Ugandan police in the northwestern city of Arua on February 18, 2026.
Two weeks later, following intervention from paralegals and local community members, they were released on February 25. A few hours later, they were lured back to the police station when an officer invited them to pick up their phones. They were re-arrested and on February 27, each of them was charged with a count of homosexuality under the recently passed Anti Homosexuality Act, and one count of indecent practices under the Penal Code Act. The two were then remanded to Arua Women’s prison.
On Wednesday, March 4, the court heard their bail application but declined to grant either of them the requested bail. They would spend two more weeks in jail till the case was brought up on March 16. On March 16, the two young women were transported to court, and their lawyers were prepared to apply for bail, but the Chief Magistrate did not appear. It wasn’t until April 8, almost two months after their arrest and detention, that their bail application was heard and granted. This is only one example of how the Ugandan judicial system is being deployed to harass queer Ugandans, who often end up caught up in a series of failed and delayed processes at police stations and within courtrooms.
The young women were not aware of any LGBT+ rights organisations or groups before their arrest.In their telling, they are being harassed for rejecting the sexual advances of men. This is what has resulted in their incarceration, which has removed them from their community and brought them a lot of distress. During their detention, a government official held meetings with their family members and claimed they were recruited into homosexuality. At least one local leader is said to have refused to grant them a necessary document for their bail application because he believed they should stay in prison and “learn a lesson”.
The law is being weaponised by homophobic individuals and “leaders” to punish two young women before they have been convicted of any offence. Once anti-queer laws are invoked, the well-established human rights principle of the presumption of innocence is disregarded.
Media and incomplete homosexuality frames
The media coverage and public discourse around this case as one about homosexuality is important, but incomplete. The Anti Homosexuality Act is another tool in the arsenal of the expanding carceral state used to reinforce patriarchy in violation of human rights, making the lives of Ugandans increasingly difficult and uncomfortable. Further, the law is being implemented within a corrupt system in which being accused of a crime makes you vulnerable to extortion. Moreover, anti-rights groups have peddled the lie that the West and corrupt officials fund LGBT+ groups, which may claim to be working in the public interest, but in reality, they use the law to extort and punish LGBT+ people.
Human rights activists have raised an outcry about the inability of courts to protect and enforce the human rights of Ugandans unfairly incarcerated for exercising their civic rights and others detained and persecuted for no known legal reasons. This law is being enforced within an already compromised system, in a political climate that punishes dissent. To date, political activists linked to the National Unity Platform and other alleged opposition parties remain incarcerated despite exceeding the mandatory six-month time period within which they should be granted bail.
The challenges of Uganda’s judiciary are well documented, and commentators and experts have noted that the increasing control of the Executive over the Judiciary spells trouble for Ugandans across the board. It is clear that judicial and police power are being used against individuals by those in power, and it seems nothing can be done about it. The rampant homophobia in our society only makes it more likely that this abuse of power can be used against queer Ugandans.
The two young women might be out on bail, but the struggle to secure the rights of queer Ugandans continues. We insist that the Anti-queer law – AHA and similar laws only function to target a marginalised group and erode human rights for all Ugandans. We deserve to live and to love each other, in community and free from harassment and violence.
Godiva Akullo is a feminist organizer and a human rights lawyer. They work with lesbians and feminists in Africa, creating collective power and challenging rampant violations of the human rights of women and LGBTIQ people on the continent.
Ophelia Kemigisha is a queer feminist activist, facilitator and human rights lawyer. She organises with feminists from Uganda and across the African continent to advance radical politics for the liberation of women, LGBTIQ people, and other groups affected by patriarchal violence.