Kampala, August 25, 2023
The Office of the Director of Public Prosecutions in Uganda has issued a circular, addressing the management of cases involving charges filed under the Anti-Homosexuality Act (AHA) of 2023.
The Act, which came into force on May 30, 2023, has raised concerns within the international community regarding its effects on international human rights. Legal scholars have also raised concerns regarding the application of charges related to homosexuality and aggravated homosexuality.
The circular emphasizes the need for careful consideration in such cases, highlighting that the Anti-Homosexuality Act specifically criminalizes sexual acts involving individuals of the same sex. The term “sexual act” is explicitly defined in Section 1 of the Act.
In addition, Sections 2 (5) and 3 (5) of the AHA make it clear that a person suspected of being homosexual, but who has not engaged in a sexual act with a person of the same sex, should not be charged with the offense of homosexuality.
To ensure proper interpretation and application of the Act, the circular directs all prosecutors to submit cases involving charges under this Act to the headquarters for a thorough legal opinion before making any charging decisions. This step is intended to provide additional guidance and clarity in light of the nuanced provisions of the Act.
Furthermore, the circular announces that management plans to organize sensitization meetings for all officers involved in legal proceedings to ensure a comprehensive understanding of the key aspects of the Anti-Homosexuality Act.
This directive from the Office of the Director of Public Prosecutions underscores the importance of upholding legal standards and due process when applying the Anti-Homosexuality Act 2023. It aims to prevent wrongful or misguided charges while promoting a fair and just legal system in Uganda.
