Last week, the Office of the Director of Public Prosecutions (ODPP) lost interest in the case against two ladies who had been arrested and charged with allegedly kissing in public, an act of ‘same-sex activity’ which can lead to a life sentence under the Anti-Homosexuality Act (AHA).
Firstly, I will spare their names for their own safety but these two young women, aged 22 and 21, should never have been arrested at all. Kissing is not a crime. The police acted on public suspicion and prejudice rather than credible evidence of a criminal offence.
Law enforcement should protect minorities from discrimination and mob justice, not validate public fear or popular opinion. The reality is that, even before the AHA was passed, Ugandan society had already been heavily radicalised by anti-LGBTQ campaigns from both within Uganda and abroad.
False narratives, such as claims that LGBTQ people are recruiting children or threatening society, have created fear and suspicion among many Ugandans. As a result, people often act on assumptions rather than evidence whenever LGBTQ people are involved.
For many, homosexuality is viewed as an abomination, and because of that, countless people have been arrested, evicted, assaulted, blackmailed or even lynched simply because they were suspected of being LGBTQ.
Sadly, this is not new. Since the AHA came into force, the situation has become even worse because many people now believe they have the authority to enforce or interpret the law themselves.
The police have repeatedly failed to follow due process and instead acted under public pressure, often violating people’s rights, privacy and dignity. Instead of protecting citizens from mob justice, law enforcement has too often used its power to intimidate, harass and criminalize LGBTQ people.
We have documented cases where LGBTQ Ugandans have been subjected to degrading treatment after arrest, including forced anal examinations, unlawful detention, public parading before the media, outing of their identities and other forms of humiliation that have no place in a justice system that respects human rights.
The trauma these young women experienced will not stop simply because the state has withdrawn the case. One of the most important remedies is ensuring that they have access to psychosocial support and professional counselling to help them recover from what they have endured.
Equally important is ensuring that they feel safe in their community again. From what I witnessed, these two young women are loved by many members of their community. I hope their community will accept them back and that their families can begin to heal.
The arrest and the media spectacle affected not only them but also their loved ones. Despite this, I believe they are no longer safe in Arua. I strongly believe the Anti- Homosexuality Act should be repealed because laws should strengthen justice, not weaken it.
LOST TRUST
This case raises serious concerns about Uganda’s justice system. When investigations and prosecutions are influenced by public hysteria, prejudice or community pressure instead of evidence and due process, confidence in our justice system is weakened.
If Uganda wants to attract investment and strengthen its economy, it must demonstrate that its institutions are fair, independent and predictable. Investors need confidence that the law will be applied consistently and that disputes will be resolved impartially.
A justice system that appears selective or discriminatory does not only affect LGBTQ people; it undermines business. The AHA has always been bad for business, tourism and investment.
If we want to attract investment, build a strong economy and achieve our goal of becoming a middle-income country, we must repeal these draconian and outdated laws. As Ugandans, we should pause and reflect on this story.
Behind the headlines were not criminals, but two young women whose lives were turned upside down by suspicion, fear and prejudice. They lost their privacy, their sense of safety and their peace of mind, not because they harmed anyone, but because people assumed the worst about them.
The author is a human rights advocate and Nobel Peace Prize nominee.