Skip to main content

Uganda: Anti-homosexuality Bill -- Time to denounce death penalty

In January, the Supreme Court of Uganda delivered a judgement in the case of Susan Kigula & 417 Others, in which it rejected the claim that the imposition of the death penalty violates the Constitution of Uganda.

However, rather than leaving matters there, the Supreme Court went on to urge the legislature to "reopen debate on the desirability of the death penalty in our Constitution, particularly in light of findings that for many years no death sentences have been executed yet the individuals concerned continue to be incarcerated on death row without knowing whether they were pardoned, had their sentences remitted, or are to be executed."

Despite this encouragement from the Supreme Court, the chances of such a debate transpiring anytime soon seem unlikely: The political agenda in any country is rarely dictated by actual need and more by political will. However, the likelihood of a legislative debate on the merits of capital punishment has recently dramatically increased with the tabling of a Private Members Bill by Ndorwa West MP David Bahati, titled The Anti-Homosexuality Bill 2009. The Bill fundamentally undermines numerous human rights and has rightly been denounced by a group of 17 local and international human rights organisations, who have called for its immediate withdrawal. One of the gravest provisions in the Bill is the new offence of "aggravated homosexuality," which states that anyone who commits the offence of homosexuality against a person under the age of 18 years, against a person with a disability or when the offender is HIV positive shall be liable on conviction to suffer death. This provision is unjustifiably draconian in nature but will nonetheless provide the first opportunity since the Supreme Court ruling earlier this year for the legislature to engage in a discussion as to the merits of the death penalty. Should the legislature engage in such a debate, it must denounce the provision of "aggravated homosexuality" and with it the use of the death penalty as a legitimate form of punishment in the Ugandan criminal justice system. Put simply, there is no credible justification for the retention of the death penalty. It is widely accepted that any form of punishment should be aimed at the protection of society, the reformation of the wrongdoer, and the provision of retribution for the victim. Yet, the death penalty notoriously fails to achieve any of these aims.

First, the death penalty does not act as a deterrent to the commission of crimes. This is illustrated by comparing criminal statistics of countries where the death penalty is in force with those where it has been abolished. If a government wishes to deter crime, it should invest in education, development and improving law enforcement. Secondly, the death penalty eliminates the possibility for any level of reformation for wrongdoers by cutting short their lives. Thirdly, the inherent fallibility of humans means that no administrative system of the death penalty can be free from wrongful conviction and execution of the innocent. One innocent life wrongfully sentenced to death is one life too many. Finally, rather than providing a form of retribution, more often the death penalty has exacerbated the pain and anger of a victim's family and created new victims in the form of the wrongdoers' families. When considering this issue, Uganda must also look to its neighbours.

14 countries in Africa are now abolitionist for all crimes and a further 18 are abolitionist in practice. Indeed, just last month in Kigali at a conference by the African Commission on Human and Peoples' Rights for Central, Eastern and Southern Africa, 50 participants representing African Union member states and national human rights commissions made a direct appeal to African countries to banish the death penalty from their books. There is much to criticise in the Anti-Homosexuality Bill. However, it is hoped that at the very least, the tabling of the Bill will provide the necessary impetus for a constructive debate in the legislature on the desirability of the death penalty in Uganda. It is the hope of this writer that the outcome of such a debate will be the abolition of a form of punishment that is clearly out of step with evolving standards of decency generally advocated across the international community.

Source: Opinion-- Mr Barrie Sander is a legal officer, African Prisons Project, Uganda, Oct. 25, 2009

Comments

Most viewed (Last 7 days)

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Newsom Commutes the Sentences of California’s 548 Death Row Inmates

Gov. Gavin Newsom, in one of his last acts, commuted the sentences of all prisoners with death sentences, calling capital punishment morally objectionable. That’s about 1/4 of death sentences nationwide.  Gov. Gavin Newsom of California moved to spare the lives of all 548 prisoners on the state’s death row on Thursday in the largest mass commutation of death sentences in modern American history.  Mr. Newsom said he made the decision because he finds capital punishment morally objectionable. He reduced every death sentence to life in prison without parole, a sweeping move that will require a review by the state’s highest court in some cases and could draw legal challenges. 

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure.