The Director of Public Prosecution Justice Jane Frances Abodo has directed that all files with charges preferred under the Anti-Homosexuality Act first be submitted to the Headquarters for further guidance before the prosecution process is affected.
Her decision comes barely three weeks after the World Bank decision to suspend its financing to Uganda. The World Bank Group’s decision followed the government’s decision to enact the Anti-Homosexuality Act, 2023. The World Bank said that the new law contradicts its moral values of eradicating poverty without discrimination.
The Anti-Homosexuality Act (AHA) came into force on May30, 2023. The law the law aims at protecting traditional families by prohibiting sexual relationships between people of the same sex, strengthening that country’s capacity to deal with emerging threats to the traditional family, protecting the cherished culture of Uganda and protecting children and youth who are vulnerable to sexual abuse.
In her communication to all prosecutors, Abodo said it has come to the attention of her office that a number of charges of Homosexuality and Aggravated Homosexuality are being preferred by some officers without initializing some crucial aspects of the act.
“It is important to note that the law only criminalizes offences where a sexual act has been performed. The term “sexual act” is defined under Section one of the Act,” she said in a statement.
She noted that it is also important to note that Sections2 (5) and 3(5) of the Act provide that for the avoidance of doubt, a person who is alleged or suspected of being a homosexual, who has not committed a sexual act with another person of the same sex, does not commit the offence of homosexuality under this section.
“Officers are therefore advised to peruse files with offences under the law cautiously while taking into account the above-mentioned provisions. You are hereby directed to ensure that all files with charges preferred under the Act should first be submitted to Headquarters with a written legal opinion for further guidance before a decision to charge is made,” she stated.