Discrimination based on HIV status

Academy-Award-winning producer, Roger Ross William’s documentary, God loves Uganda, depicts (among other scenes) the role of some American evangelicals in adding fuel to anti-gay fears in the country and their support of a bill threatening the welfare of homosexuals. Headlines across the globe have also focused on the anti-gay portion of the Anti-Homosexuality Act.

Individuals charged with being homosexuals – a felony potentially punishable by death under the act’s provisions – face imprisonment for seven years upon conviction. Hidden in the bill’s language are special provisions for aggravated homosexuality i.e., acts committed by “an offender who is living with HIV":

·         A person who commits the offense of aggravated homosexuality shall be liable, upon conviction, to imprisonment for life

·         Where a person is charged with the offence under this action, that person shall undergo a medical examination to assess his or her HIV status

        The constitutionality of this law is currently being challenged in the courts. According to a senior       Africa researcher, Maria Burnett:

Uganda’s constitution explicitly protects basic human rights for all. The anti-homosexuality law completely defies Uganda’s constitution and its legal obligations under international law, so this challenge is a crucial step to ensure that the law is removed from the books.

While the social impact is undeniable, the crackdown on homosexuals could also not have come at a worse time for the Ugandan economy. After initial gains at the beginning of the year, the national currency slumped 2.9% since President Yoweri Museveni signed the bill on Feb. 24 (possibly due to other market forces). The International Monetary Fund reported (on Dec. 30, 2013) that Uganda was on course to post a deficit equal to 7.1% of gross domestic product in the fiscal year through June. Implementation of this law is likely to further weaken direct foreign investment in this small, landlocked, largely rural country.

Uganda and HIV/ AIDS: key facts

According to 2012 UNAIDS estimates, the overall prevalence of HIV among the productive workforce (aged 15 to 49) was 7.2% (up from 6.4% in 2005/6). Females are more likely to be infected with the virus than males for a variety of socio-economic and biological reasons. More than 50% of individuals living with HIV were women (780,000/1,500,000) and 1,000,000 children had been orphaned due to AIDS. The United Nations states that “the rise of new HIV infections (especially among couples), teenage pregnancies, unwanted pregnancies, and early marriages can be linked to gender inequality and the low status of women.” Gender inequality has been cited as a contributing factor to the attainment of several Millennial Developmental Goals, including the reduction in HIV/AIDS prevalence.