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IAA Journal of Management 11(2):1-14, 2024. www.iaajournals.org

Universality versus Cultural relativism in International

Kampala International University, Kampala, Uganda.

ABSTRACT
This research examines the frequent conflict that has emerged between the universal human rights standard and the
indigenous cultural practices with special attention paid to the Anti-Homosexuality Act of Uganda of 2023. The Act
criminalized same-sex relationships, an act that is in violation of universal human rights principles and showed a
probable conflict between international norms and local cultural values. This review unravels how the Anti-
Homosexuality Act of Uganda fits with or goes against international human rights commitments and further to
determine more general implications of balancing universal principles against cultural relativism. The doctrinal
approach adopted in this study includes a review of relevant international treaties, Uganda's legislation and academic
literature. The findings reveal that the Act, to an extent, undermines universal principles of human rights through
the violation of rights to privacy, dignity, and equality. Such tug of war will require a lot of inclusive dialogue with
the local communities and advocacy for protection of human rights which respects the cultural context. In addition,
international organizations should support capacity building and facilitate debates that improve tolerance and
respect for human rights. The work will engender a debate in reconciling universal human rights and cultural
diversity, as well as emerging lessons for more effective and sensitive strategies in international human rights
advocacy.
Keywords: Universality, Cultural relativism, Human Rights and Homosexuality

INTRODUCTION
Among the deepest and most enduring criticisms international levels. The Act criminalizes
leveled against international human rights has been homosexuality and further prescribes very stiff
the tension between universality and cultural penalties for any person or persons convicted of
relativism. This is against the background that having engaged in same-sex relationships or
universality is the very premise in which promoting the rights of Lesbian [3], Gay, Bisexual
international human rights frameworks is predicated and Transgender (LGBT), which is a product of
on as human rights is inherent and applies across cultural and religious justifications. The Anti-
board to all human beings [1]. Cultural relativism, Homosexuality Act is enacted regardless of the
on the other hand, places extreme regard for cultural raising question of compatibility with international
contexts and traditions in understanding and principles of human rights. Through the Act, basic
appointing rights, indicating that human rights rights to privacy, dignity, and nondiscrimination are
should be understood according to local cultural and denied, hence undermining the universality of human
societal norms [2]. This dualism perhaps best comes rights as enshrined in international treaties between
to life in cases when the provisions of national different states in the Universal Declaration of
legislation and or cultural practice contravene Human Rights (UDHR) and the International
international human rights standards. One such Covenant on Civil and Political Rights (ICCPR). On
example is the Anti-Homosexuality Act of 2023 by the contrary, it signifies a strong adherence to
Uganda, which attracts debate at both local and cultural relativism, which illustrates just how local

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traditions, religious beliefs, and societal values in relationship in play between universal human rights
some part shape and sometimes conflict with global principles and local cultural practices. The effects this
human rights norms [4]. The study aims at conflict has had on Uganda's international reputation
analyzing the Anti-Homosexuality Act of Uganda and the difficulties it has helped raise in observing
through the lenses of universality and cultural universal human rights in culturally diverse settings
relativism. It henceforth seeks to interrogate how far will also be analyzed. This research paper, therefore,
this legislation either complies with or contradicts intends to throw its own weight into the ongoing
Uganda's international human rights commitments, discourse on how respect for differences in culture
while carefully analyzing the broader implications could be reconciled with the assurance of fundamental
that it will portend for both national and international human rights, in order to make some
human rights discourse. In addition to the use of recommendations about which affirmative actions
historical development and key provisions of the Act, might be achieved to ease these tensions in such a way
the cultural and societal context within Uganda, and that both human dignity and cultural respect are
the international reactions and domestic reactions, served.
the paper sets out an intricate analysis of the
Brief history of Uganda's Anti-Homosexuality Act of 2023
The Anti-Homosexuality Act of 2023 is perhaps fundamental human rights to privacy, equality, and
among the most controversial legislation enacted by freedom from discrimination. It has been argued that
Uganda, criminalizing same-sex relationships and the legislation violates the international human
prescribing very stiff penalties upon persons engaged rights treaties, particularly the ICCPR, to which
in homosexual conduct. Broadly criticized by the Uganda is a signatory [7]. The Anti-Homosexuality
international community, the Act is the last in the Act of 2023 presents a very good case study whereby
long-standing legal and political war over LGBTs' an opportunity is given to understand if universality
rights in Uganda [5]. The bill has provisions for life in human rights can coexist with cultural relativism.
imprisonment for those convicted of committing acts This research raises principal questions about how
of "aggravated homosexuality," heavy fines, and jail much of the cultural practice can or should have
terms for those promoting or supporting issues of bearing on what is undeniably universal with respect
LGBTQ+ rights. Justifications by the proponents for to the interpretation and application of international
the Act are that it is the last resort to save the human rights standards. It is, therefore, the purpose
Ugandan cultural and religious values from being fast of this article to deconstruct these issues with a more
swept out by sexual freedom and individualism ideals profound and finer analysis of the implications that
from the West [6]. The Act has been criticized by this legislation in Uganda may have for the broader
those opposing it for being in violation of the international human rights framework.
Historical Development of the Concept of Universality
The principle of universality is in reality, deeply well as ensuring due respect for human rights [11].
entrenched in history, although many scholars It is on December 10, 1948, at the UN General
consider its codification in international law as being Assembly, that universality was enshrined in
relatively new. The concept only came to the fore in international law with the adoption of the Universal
the aftermath of the Second World War, [8] mostly Declaration of Human Rights. Though the UDHR is
as a response to the wrongs that were committed not legally binding, its preamble underlines the
during such war, emphasizing the need for a universal recognition of the inherent dignity and inalienable
standard for the protection of human rights. Earlier rights given to each human family member. The
philosophical foundations of universality are found in principles established in the UDHR were further
natural law theories, which postulated that certain adumbrated by the legally binding international
rights are inherent in human nature and hence covenants like the ICCPR, adopted in 1966 and
universal [9]. The enlightenment thinkers, such as entering into force in 1976. To this end, it placed an
John Locke and Immanuel Kant, developed this obligation on states to respect, protect, and fulfill a
further by asserting that every human being had whole range of civil and political rights, including the
natural rights not dependent upon the laws and right to life, freedom of speech, religion, and the
usages of any society [10]. Mass murders of the presupposed right to a fair trial. The Covenant on
Holocaust and other war atrocities brought the world Economic, Social, and Cultural Rights was adopted in
into agreement that human rights should be 1966 and became effective in 1976 [12]. The ICESCR
universal. All this eventually culminated in the provides that states prevent many steps that may give
creation of the United Nations in 1945, with the rise to the realization of rights relating to work,
purpose of affording all nations peace and security as health, education, and an adequate standard of living.
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The UDHR, the ICCPR, and the ICESCR together of universally codified human rights [13]. They
constitute what is recognized as the "International clearly state that all human rights are universal in
Bill of Human Rights." These three instruments nature, inseparable, and applicable to each human
become the foundation underpinning the framework being, everywhere.
The Concept of Cultural Relativism and Literature Review
One man's beliefs, values, and practices are considered local contexts, thus making them relevant and more
in relation to the particular culture of the individual acceptable to the very communities they are intended
concerned and not in isolation from it and in terms of to protect. Such flexibility may result in greater
another culture's judging criteria. Within human compliance to human rights norms as the law and
rights, cultural relativism maintains that human policy going to be adhered to and enforced if they are
rights norms and principles do not admit universal in agreement with the local cultural values. Some
application; rather, specific application and argue that cultural relativism is being used to
interpretation need to be made within specific vindicate human rights abuses [20]. By conceding
cultural, social, and religious traditions [14]. universal human rights to cultural practices, cultural
Philosophically, cultural relativism rests upon the relativism may facilitate the existence of acts that are
anthropological insight that the culture is a complex violations to bare human dignity, such as female
system of meaning and practice in itself, which has genital mutilation, marriage of children, or
legitimacy within one's context. Early discrimination against minority groups. Some of the
anthropologists, such as Franz Boas, were highly critics argue that some rights, like a person's right to
interested in an insider's perspective in the life, liberty, freedom from torture, and equality before
understanding of a culture's practices; moreover, no the law, should be held worldwide, irrespective of the
culture was innately superior to another [15]. This cultural context [21]. They argue further that
view rejects ethnocentrism, which is the practice of cultural relativism really weakens the entire concept
judging another culture based on the standards of of human rights universally, as it suggests that rights
one's own, and instead advances the idea that moral are not intrinsic for all humans, but rather are relative
and ethical systems are not absolute but culturally and dependent on cultural acceptance [22]. In their
bound. Cultural relativism also borrows a leaf from views, this does not in any way facilitate the notion
moral relativism, which holds that moral principles that there are certain inalienable rights that do belong
are not universal but are fashioned by cultural, to every human simply because he is human. Such
historical, and social contexts. This is a philosophical tolerance of exceptions on the basis of cultural
stance that suggests what is considered "right" or difference can weaken the principle of universality in
"wrong" is not objective, but subjective and changing human rights and thus turn the global regime of
with respect to the cultural environment [16]. On the human rights into a fragmented, incoherent
other hand, cultural relativist camp would argue that enterprise. Another criticism of cultural relativism is
human rights should respect and accommodate that it has been said to mask power relationships
cultural diversity [17]. They strongly argue that within cultures. Often, cultural practices are dictated
there will be a loss of unique values, beliefs, and by those in power, and cultural relativism
practices from particular cultures with the imposition inadvertently legitimizes the oppression of vulnerable
of a single universal standard of human right. An groups in society, such as women, children, or ethnic
understanding of the differences between cultures can minorities. Not every cultural practice should be
make human rights more appropriate to apply in protected, especially if it leads to social inequalities or
diverse societies. According to cultural relativists, the promotes infringements on the rights of subordinated
dangers of cultural imperialism can be witnessed in individuals [23].
the imposition of values and norms on other societies Culture plays a very significant role in the formation
by the prevalent cultures, more so those of the West of national laws and policies that guide on the
[18]. The argue that the West is out to keep pushing understanding, implementation, and enforcement of
for so called universal human rights that are based on human rights within the various societies [24]. In
its cultural values, which are mostly inappropriate or fact, culturally defined norms and values are deeply
unacceptable in non-Western societies. It is through inducted within legal regimes; they are often the
respect for cultural relativism that there can be aspects that drive the country's legal regime's
concocted the balance with the imposition of foreign priorities and limitations. In most countries, legal
norms, a situation that ensures protection for the systems are highly influenced by matters of culture
sovereignty of nations to determine their own human and religious traditions. For example, Islamic law or
rights standards [19]. Cultural relativism further Sharia law is a basic source of legislation in several
allows human rights norms to be indigenized into predominantly Muslim countries, and influences laws
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related to family, inheritance, and criminal justice. So, to further illustrate these tensions. [10], provides a
too, in many African and indigenous societies, comprehensive explanation on the processes through
customary law is a reflection of the traditions and which international human rights laws are enacted
practices of local communities which constitutes an within local contexts, particularly with regards to
influential part of their legal orders. Most cultural gender violence [26]. This scholar argues that
legal systems often exist either as a supplement to although universal human rights principles aim at
formal state law or for their own patterns: reflecting protecting individuals, the enactment is resisted
the values and societal structures endemic to the because of the local cultural and social norms. Merry's
concerned people [25]. The national laws and study on the translation of international human
policies themselves are designed out of the need to rights standards into local justice brings out the
protect national identity and sovereignty. complexities that a country like Uganda faces in
Additionally, governments have often been resistant trying to reconcile the universal norms with domestic
to international human rights norms that run values. In his elaborate discussion, [11] postulates
contrary to cultural values or are seen to aggress on that human rights politics and practice offer very
and house national traditions. For example, laws that invaluable insight into difficulties in implementing
criminalize homosexuality or that limit the rights of universal human rights standards around the world.
women or freedom of expression are justified by the His work has underscored the very fundamental
need to protect cultural or religious values or principle of universality in international human
dispositions, even when these come into conflict with rights law, and he also projects the pragmatic
other international human rights obligations. difficulties encountered in the enforcement of such
Cultural considerations play a part in policy and law standards across diversified cultural scenarios [27].
design and sometimes this may involve transposing [28], gives an overview of the debate between
cultural practices into the legal framework in ways universality and cultural relativism on human rights
that make them much closer to human right and reviews how these could be influenced by cultural
principles. For example, modern legal systems have context. The work of Cowan and Knop is
incorporated traditional mechanisms of conflict instrumental in putting forward the theoretical
resolution and community justice structures in order underpinnings for cultural relativism, as well as its
to give culturally responsive alternatives to State consequences for international human rights law
courts in some jurisdictions. However cultural [28]. It offers a framework against which one may
practices have been challenged or even reformed scrutinize Uganda's Anti-Homosexuality Act. [11]
legislatively, notably where they contravene human sheds light on the tensions between international
rights. Like the moves to criminalize injurious human rights law and cultural relativism, and further
customary practices such as arranged marriages or provides a comparative analysis with respect to how
honor killings illustrate the tension between different cultures interpret human rights. Case
deferring to cultural diversity and ensuring respect studies from other countries, like those he reviewed,
for universal human rights. Another area where give a broader setting with which to understand both
cultural impact on national legislation and policy Uganda's legislative approach and the cultural
influences international human rights applications. justifications employed in favor of the Anti-
Cultural diversity versus universalism is an issue with Homosexuality Act [29]. Although much of the
which international human rights bodies are often literature provides a broad understanding of the
wrestling. This may include a call for states to be tension between universality and cultural relativism
more open to dialogue and to find culturally sensitive in human rights law and its implications in cases like
ways of enforcing human rights, or even a call upon Uganda's Anti-Homosexuality Act of 2023, there are
the state to alter the practice in a manner that can still gaps that would need further exploration. Those
comply with international standards. The delicate include lack of adequate attention toward local
balance is to uphold cultural differences while, at the perspectives, examination of alternative approaches
same time appointing to it; the protection of basic and solutions, and, indeed, very little in regard to
human entitlements to every individual. The junction regional variations analysis. This will be important
of universality and cultural relativism has been the for bridging the gaps that exist in literature with
topic of enormous scholarly debate in international regard to universality and relativism of human rights,
human rights law, particularly in cases pitting local further developing an understanding of their
laws and cultural practices against international interplay into more complete insight and practical
human rights standards. This literature review solutions in navigating the complex terrain of
considers some major contributions to this discourse, international human rights law.
using the Anti-Homosexuality Act of Uganda, 2023,
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The Intersection of Universality and Cultural Relativism
The universality of human rights versus cultural Western values upon them, this is a form of cultural
relativism is undoubtedly among the oldest and most imperialism. Moreover, cultural relativists believe
intricate debates in international human rights. It sets respect for cultural diversity is respecting the essence
the question of how human rights should be applied of the matter, they caution that the international
similarly to the entirety of the cultures and societies, community should be careful about interfering in the
or should they be understood and implemented internal affairs of sovereign states under such a
sensitively amidst such cultural differences?. Those pretext as enforcing universal human rights. This
who advocate for universality find that human rights debate rages on up to this day because of the very
are intrinsic to all human beings by virtue of their valid concerns between universality and cultural
humanity. This point is premised on the observation relativism. Universality enables all human beings to
that some rights, for example, those that protect the be protected from abuses and creates common
right to life, freedom from torture, and equality before standing on which to base international cooperation
the law, ought to globally establish and protect all when dealing with issues of human rights. On the
people universally, independent of cultural or other hand, cultural relativism strongly echoes that
national circumstances. On the other hand, more cultural relativity should be embraced at all
universalists argue that such rights are inalienable times, as it typifies the risks associated with taking a
and any cultural practices that will infringe on them society out of its unique social, historical, and cultural
is unjustifiable. They further claim that human rights contexts in which its values and norms were devised.
must be viewed in a sense of limiting oppression even The difficulty rests in treading the thin line between
in a context where the said oppression is perpetuated the two views [31]. Detractors of strict universality
as part of a culture. On the other hand, the cultural regard it to result in one-size-fits-all, irrelevant, or
relativists argue that human rights can never be even futile aspects in certain cultural contexts. On the
divorced from their cultural, religious, and social other hand, critics who look upon the culturally
settings within which they are meant to apply. They relativized approach as a means to justify the abuses
argue that human rights must be understood and of human rights caution that it does undermine the
interpreted in a manner consistent with different very foundation on which international human rights
cultural values and traditions [30], and that such a law is built.
universalistic definition is that if it is seen to impose
The role of International Human Rights Law in Reconciling Universality with Cultural Relativism
International human rights law seeks to reconcile this nondiscriminatory manner. Furthermore, states
tension through presenting a universalist framework might formulate reservations, at the time of signing
with local adaptability. Several strategies have been or ratification, in a way that excludes or alters the
employed to achieve this balance. Many of the effect of certain provisions in a manner it considers
international human rights instruments allow for consistent with its cultural values, provided these
various flexibilities in implementing their provisions, reservations are not in contradiction with the main
such that states can adapt human rights norms to be purpose of the treaty. Other important sources of that
implemented in ways that take full account of cultural law are customary international law deriving from
and legal diversity. Article 2(1) of the International long-term state practice and a sense of legal
Covenant on Economic, Social and Cultural Rights obligation. Customary international law can be
provides for progressive realization on the basis of a indicative of universal norms, which rise above
country's available resources. The international particular cultural contexts and may help to establish
human rights bodies, through the likes of the United a threshold of rights that all states are obliged to
Nations Human Rights Council and treaty- observe, no matter their cultural traditions [33].
monitoring committees, all along strive to be International human rights law is in favor of dialogue
culturally sensitive [32]. They engage in a dialogue and creating cross-cultural understanding to
with states so as to understand the cultural reconcile universality and cultural relativism. The
perspective and work further towards promotion of arena in which states and civil society can engage in
human rights in a way that is culturally respectful. discourses relating to regional human rights
Such an approach eschews confrontation and instead mechanisms be it the African Commission on Human
lays its focus on cooperation and understanding. You and Peoples' Rights, the Inter-American Court of
will find derogation clauses, for example, in many Human Rights, or global forums like the United
international treaties that allow states to suspend Nations has to take into account both universal
certain rights in emergencies, provided that the principles and cultural specificity.
measures they take are proportionate and applied in a
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Provisions of the Anti-Homosexuality of Uganda 2023
The legislation carries a penalty of life imprisonment extrajudicial enforcement and vigilantism although
for same-sex sexual acts in general, while in the case this is not explicitly stated in the Act.
of those convicted of homosexual acts, it allows Criminalization, coupled with the mandatory
imposition of the death penalty. In certain cases, such reporting clause and draconian punishments, might
as those of "aggravated homosexuality" an offender instigate individuals to take the law into their own
being HIV-positive, a minor, or a repeat offender, the hands and heighten further the violence and
death penalty may be imposed [34]. It further persecution of LGBTQ+ persons. For example, the
criminalizes the promotion or funding of the same, as Act maintains that Uganda has jurisdiction over
well as activities aimed at advocating for the rights of native Ugandans and permanent residents even when
sexual and gender minorities [35]. The persons or they are committing homosexual acts outside the
organizations contravening by giving rise to country. This means that Ugandans found in
promotion of homosexuality have to be charged relationships or doing such activities in countries
heavy fines and even jailed. This provision effectively where homosexuality is legal can be charge-sheeted
bans any public expression of support for the rights back in Uganda. This provision, therefore, is a
of LGBTQ+ people as well as the institutional work reflection of the determination that the government
of NGOs and activists who defend the interests of of Uganda seeks to enforce anti-homosexuality more
LGBTQ+ people. It imposes an obligation on each so outside its territory, hence negated the rights of its
individual, including family members, to inform citizens to exercise their freedom fully. The act
against even the knowledge of homosexual activities further categorically clarifies that criminalization of
to the authorities; failure to do so constitutes an homosexuality is said to be intended to create a
offense with a penalty of imprisonment. The cushion to the protection of Ugandan culture and
provision has, therefore, been viewed with great religious values. The construction of the law thus
concern as probably promoting vigilantism, indicates a protective role in upkeep of the social
undermining family and community trust, and tapestry of the conventional family life and the larger
therefore fostering fear and persecution of people in society against injurious foreign infiltration, through
the sexual minority. The law is a breeding ground for homosexuality.
Legislative History and Rationale behind the Act
The Anti-Homosexuality Act of Uganda 2023 has a reaction to domestic pressures arising from
rich legislative inception mirroring the underlying conservative religious groups and external pressures-
sociopolitical regime of Uganda and the forces at play, among them, the influence of American evangelical
either domestically or internationally. The roots of activists who had been promoting anti-LGBTQ+
Uganda's legal stand on homosexuality date back to sentiments in Uganda. This law was part of a general
the colonial history which, during British colonial trend throughout the African continent, with many
days, gave Uganda some provisions of the British countries either contemplating or having already
penal code which was incorporated into the Anti- passed similar laws against what they see as the
sodomy laws that criminalize homosexual acts [36]. threat posed by Western liberalism. The Ugandan
Various conservative religious and cultural groups Parliament passed the Anti-Homosexuality Act in
and tendencies shaping up successive governments 2014, in defiance of international pressure. The Act
have only served in reinforcing them. Homosexuality was initially signed into law by President Yoweri
has long been stigmatized in Uganda, with public Museveni with the explanation that it protected
discussion usually being termed as "un-African" or a Ugandan culture and religion from Western
contradiction to religious teachings. This ill attitude infiltration. This Act, however, was bound to be
in society has to a great length contributed to nullified but on the procedural basis by the
legislation targeting the elimination of the LGBTQ+ constitutional court in Uganda as it was passed when
community. The first major legislative move against the quorum was not met in parliament [37]. The
homosexuality in Uganda came in 2009 with the 2014 Act is also identical to the 2023 Act. It throws
introduction of the original Anti-Homosexuality Bill its weight in criminalizing homosexuality and also
by Member of Parliament David Bahati. The bill also prescribes stiff punishments. It also went a notch
sought to punish homosexual acts more severely, higher by criminalizing the promotion of
among them the capital penalty for "aggravated homosexuality and putting very tight restrictions on
homosexuality." The bill produced international advocacy of LGBTQ, The Anti-Homosexuality Act
condemnation and criticism from human rights was resurrected in 2023 after renewed national and
organizations, foreign governments, and regional calls for anti-LGBTQ+ legislation. The
international bodies. The 2009 bill was read both as a 2023 rendition of the Act draws from the frameworks
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laid by the 2014 law, echoing a maturation in the in Uganda. There are also calls to action on
struggle to crush homosexuality in Uganda. That Act complimentary sanctions and urging a review on
was passed by an overwhelming vote of Parliament foreign to Uganda assistance, following its current
and signed into law by the President, who again stance. Proponents of the Anti-Homosexuality Bill of
framed it as being necessary, in this case, to protect 2023 have therefore lobbied for such a legislative
Ugandan society from foreign attempts to undermine move to protect the typical way of life in Uganda and
its cultural and moral values. The reasons for the the religious values associated with such a lifestyle
2023 Act are multi-fold. Domestically, this would from unnecessary and external influence. The law is
satiate the religious and culturally conservative said to be a defense of the traditional family and a
constituencies within society who view response to an alleged international agenda to impose
homosexuality as an attack on the traditional family LGBTQ+ rights on Uganda. In their arguments for
unit and the general way of life within society. It has the Act, the proponents of the law argued that the law
been able to help the ruling government in amassing was meant to forestall continuous erosion of moral
support by applying populist sentiments against each values and protect the younger generation from
other, which diverts their minds from the real issues practices they considered deviant behaviors.
that have been on course. Regionally, the law brings Moreover, the law had been couched to be a reaction
Uganda to a league with other African countries that by the government against what was held to be
have already passed or are in the process of passing Western interference in Uganda's domestic affairs.
similar bills, forming a common denominator against The Ugandan government and its supporters see the
what is perceived as Western expatriated liberalism. promotion of LGBTQ+ rights as a move that tries to
Internationally, the Act has resulted in serious enforce Western values on a people with cultures and
backlash as many governments and international traditions that are at odds with them [39]. The
organizations have condemned it as a violation of enactment of the Anti-Homosexuality Act was one
human rights [38]. The United Nations, the through which the government reiterated its power
European Union, and several other Western and stood its ground in the face of neocolonial
governments have reacted with concern over what pressure to accede to international norms on human
they call the bad implications on the rights and rights that many people felt were extraneous to the
security of well-being and lives of LGBTQ+ persons cultural context.
Impact of Cultural and Social Norms on Legislation
Cultural norms in Uganda play a fundamental role in homosexuality as foreign, incompatible with
determining the legal environment and public traditional African values. It is one of those measures
attitude toward homosexuals. That seems to be to protect Ugandan culture from Western
steeped in tradition, ironically forgetting itself and encroachment. The government and its proponents
the values of a family, a community, and a social justify criminalizing homosexuality as a measure to
conformist life. The family, within Ugandan culture, protect the cultural integrity of the nation and save it
is the building stone for a cohesive society. Much from the erosion of cultural and traditional values.
stress is laid upon marriage, procreation, and the The infrastructures of legal and social systems in
continuation of the bloodline [40]. Homosexuality, Uganda are significantly influenced by cultural
being a nonconforming factor to these defined roles, norms. Legislation criminalizing homosexuality not
is perceived as a threat to the family structure and, by only is a response to the attitudes of the societies but
extension, to the social order. Community norms, too, also perpetuates them – law institutionalizes
have a strong influence on behavioral regulation. A attitudes. It is therefore the fact that the Anti-
strong tenet in Ugandan communities is adherence to Homosexuality Act is but a reflection and a
existing social norms, within which non-conformists, confirmation of the cultural norms in which
such as persons of the LGBTQ+ group, are faced with homosexuality is considered a behavior that is
violence, or socially excluded. In the implementation inappropriate. The same also applies to how the law
of these norms, it is the community by itself that is enforced and applied. The very culture that
establishes an element of strong deterrence against breathes life into the law is most likely the one to
deviant acts, including homosexuality. Indeed, for all regulate the concerned law enforcement and judicial
African states, one could find a history of resistance agencies, thus carrying the day on matters
to the West, particularly on issues that touch on enforcement and court decisions. This therefore
morality and are considered core to their heritage. It institutes a legal environment in which there is
is therefore often framed as a defense of African effectively zero relative insulation from
identity against the Western assumptions of discrimination and persecution for LGBTQ+
superiority. Much Western media, therefore, presents members.
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Religious Influence on the Legislation
Religion has a very great role in influencing and Uganda often use their pulpits to denounce
shaping attitudes towards homosexuality in Uganda. homosexuality, trying to erect a case for it not only
This is a mainly Christian country with a good as sinful but also as part of Western liberalism, an
number of Muslims, both commanding much import that threatens the moral fibre of the nation.
influence over public opinion and policy-making. A This helped in nurturing a climate of widespread anti-
vast majority identify as Christians, with the LGBTQ+ sentiment, which is often justified on
evangelical and Pentecostal movements [41]. The religious grounds. Islam also views homosexuality as
Anglican, Catholic, and other evangelical churches in contrary to Islamic teachings; it happens to be the
Uganda hold very conservative attitudes toward second-largest religion in Uganda. Generally,
sexuality. For example, they teach that Ugandan Muslims are against the maximization of
homosexuality is sinful and against the teachings of LGBTQ+ rights, just like their Christian fellows.
the Bible. Homosexuality has been termed a moral Islamic leaders have been involved in this broader
and spiritual threat to Ugandan society by religious coalition crusading for anti-homosexuality
Evangelical Christian groups. These groups have legislation within the country [43]. Even though the
been on the forefront in organizing public opinion Muslim community has not been as loud on
against LGBTQ+ rights and in leading the efforts homosexuality as some Christian groups, the position
toward anti-homosexuality legislation. Some of the faith regarding the subject falls squarely within
American evangelical activists have also had a the general conservative religious posture in the
powerful presence in Uganda, working very hard to country. This shared opposition across religious lines
propagate anti-LGBTQ+ sentiments and lending has therefore bolstered the social consensus against
support to local efforts to establish very strict anti- LGBTQ+ rights in society and has aligned the front
homosexuality legislation [42]. Religious leaders in for legislation in the anti-homosexuality laws.
Impact of Politics on the Legislation
Politics in Uganda is closely and deeply intertwined opponents and human rights activists, who are
with the societal attitudes and religious beliefs in the portrayed as being in league with foreign interests
country, and these two factors have greatly impacted seeking to undermine Ugandan values. Revived in
the enactment of the Anti-Homosexuality Act. The 2023, the legislation can be said to have been
regime in Uganda, under the presidency of Yoweri politically motivated: the government is trying to
Museveni, has often used anti-homosexual rhetoric as rebrand and attract conservative support from rural
a means of shoring up political power and appealing and religious voters. In a country where political
to popular sentiment. Homosexuality has often been opposition is often met with repression, the focus on
portrayed as foreign imputation, and Western homosexuality has provided a convenient distraction
countries and organizations have been accused of from governance issues and a means of rallying
attempting to impose LGBTQ+ rights on Uganda popular support. The passage of the Anti-
within some broader neo-colonial scheme. In framing Homosexuality Act did have important implications,
the Anti-Homosexuality Act as a defense of Ugandan however, for Uganda's international relations,
sovereignty and cultural values, the government has especially with Western countries and international
generated public support and shifted focus away from organizations that lobby for LGBTQ+ rights. The
political and economic issues. Legislation was also case of the Ugandan government defying an
used to whip up nationalist sentiment by pitting international outcry and threats against it with
Uganda as a defender of traditional African values in sanctions has been framed as one of sovereignty and
the face of the moral decay of the West. This narrative resistance to foreign interference. This has also
has resonated with many Ugandans, who view the served to signal to other African nations that Uganda
law as necessary for protecting the cultural and will oppose Western pressure and forge ahead with
religious identity of the nation [44]. The Anti- its cultural and moral values. This has further
Homosexuality Act has been used politically to cemented Uganda's position at the forefront of
garner support from key constituencies, majorly from African nations that share similar views regarding
the conservative religious groups. By doing so, the homosexuality and has added to the larger regional
government has been certain about the support and trend of anti-LGBTQ+ legislation.
loyal voting from these groups in times of elections.
The law has also been used to discredit political
Applicability of Universality on Anti-Homosexuality Act in Uganda
At the heart of international human rights lies the beings have the same rights and freedoms, regardless
principle of universality, postulating that all human of their nationality, ethnicity, religion, gender, or
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sexual orientation. Uganda's Anti-Homosexuality same-sex relationship, intruding into the private lives
Bill of 2023, however, fails to respect these universal of the members and even penalizes conducts that
principles and, therefore, infringes upon many of the otherwise should be protected under the right to
essentials of international human rights law [45]. privacy [46]S. Not only does it breach international
The UDHR sets out the principle of equality in norms, it also breeds fear and oppression. Article 6
Article 1, which says that "all human beings are born and Article 7 of ICCPR recognize the inherent right
free and equal in dignity and rights." Article 7 goes to life and prohibit torture and cruel, inhuman, or
ahead to demand that "all are equal before the law and degrading treatment or punishment. The draconian
are entitled without any discrimination to equal penalties in the Anti-Homosexuality Act, including
protection of the law." The Anti-Homosexuality Act capital punishment for "aggravated homosexuality,"
directly contravenes these provisions by singling out seriously may be in question for compatibility with
LGBTQ+ people to be institutionalized with punitive these provisions. This law can only be interpreted as
treatment hence legitimizing discrimination. Article cruel and degrading treatment, continually eroding
26 of the ICCPR follows the UDHR, asserting that the dignity and humanity of the LGBTQ community.
"all persons are equal before the law and are entitled Articles 19 and 22 of ICCPR guarantee the right to
without any discrimination to the equal protection of freedom of expression and freedom of association.
the law." Clearly, under the Act, the criminalization The Act against homosexuality infracts these
of homosexuality clearly places the Act in violation of freedoms by criminalizing the promotion of
it, as it makes laws based on sexual orientation homosexuality and enforcing punishment among
protection and equality from which the LGBTQ+ people or organizations supporting LGBTQI rights.
community is entitled under all international Therefore, it silences free speech, advocacy, and
instruments. ICCPR secures the individual from directly endangers the very existence and work of an
arbitrary or illegal interference with privacy, family, organization advocating for LGBTQI rights. This
home, or correspondence. The Anti-Homosexuality weakens civil society and erodes the wide human
Act contravenes this right in the sense that it rights movement in Uganda.
criminalizes what is, by definition, a consenting adult
Reaction from the International Community – Human Rights Groups and Foreign Governments
International human rights organizations, including has been criticized by the Western countries,
Human Rights Watch, Amnesty International, and particularly the United States, European Union, and
the International Lesbian, Gay, Bisexual, Trans and Canada, on human rights implications, where Uganda
Intersex Association, have also reacted strongly to is being urged to respect international human rights
the law. They cite the fact that the law contravenes norms. Some governments have threatened to
all of the international human rights conventions and sanction or cut aid over the legislation. In reaction,
are thus calling for its repeal. They have pointed out some countries reviewed their humanitarian
that the law is discriminatory and may promote acts development assistance to Uganda. Indeed, the
of violence against sexual minorities [47]. Other implication on aid and investment has been high, with
organizations and advocacy groups have called for some governments and other organizations
international sanctions against Uganda or for other contemplating realignment of their support towards
diplomatic actions to pressure the Ugandan Uganda basing on whether they stand right by
government to repeal the Act. As they put it, the human rights or not. There have been campaigns all
actions will be to safeguard the international human over the world and public demonstrations,
rights standards and, most importantly, protect the demanding the repeal of the Anti-Homosexuality Act
vulnerable communities. In this regard, several [48].
foreign governments have expressed outright
condemnations of the Anti-Homosexuality Act. This
Impact of the Anti-Homosexuality Act of Uganda 2023 on Human Dignity, Equality, and Nondiscrimination
The Anti-Homosexuality Act of Uganda 2023 is a their sexual identity as criminal and immoral. The
strange leap of universal human rights principles negative othering through pejorative language and
founded on human dignity, equality, and dehumanizing punitive measures of the law
nondiscrimination. The implications regarding these concerning sexual identity keep the premise that
core values and principles are profound and extend far stigmatization is positive, stereotypes are enforced.
beyond the life of LGTB persons, even into the fiber Dehumanization in this sense strips all people of their
of further Ugandan societal life. The anti- dignity and respect inherent qualities, without which
homosexuality statute already offends the dignity of human dignity remains incomplete. The Act creates
LGBTQ people by criminalizing and characterizing legal inequality and a two-tiered legal procedure
9

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where a different set of laws and punishment is meant culture of systemic intolerance and exclusion. The
for people who are LGBTQ+. By criminalizing love Act contributes to the already heightened atmosphere
between two people of the same sex and holding of fear and insecurity among LGBTQ+ people in
consensual relationships as an offense, that law Uganda. All of this, coupled with the serious social
simply fails to afford equal protection of laws to that stigmatization of the subject, creates the situation in
part of society. And this inequality in law spirals which many are forced to existence in conditions of
across the vista of life, taking with it the populations secrecy and isolation, with all the ensuing
from the LGBTQ+ realms into further universes of psychological and social consequences. This kind of
discrimination and prejudice in employment, health, fear undermines mental health and well-being,
and social welfare on account of its criminalized increasing the feelings of vulnerability and
status. The Act institutionalizes discrimination into marginalization of LGBTQ+ people. The Anti-
law, an environment through which people from the Homosexuality Act takes away civil liberties and
LGBTQ community are not only legally but socially freedoms of expression, association, and privacy from
ostracized [49]. That systemic discrimination in the all Ugandans. Its sweeping coverage and harsh
Act, therefore, only aids, abets, and develops further penalties are tools for the suppression of dissent and
heightened surveillance, harassment, and violence leveling the activities of human rights watch dogs
against LGBTQ+ people. The impact of this hence eroding the extent of safeguarding civil
legislation far transcends the parameters of legal liberties in the country.
discrimination endemic to the Act and fosters a
CONCLUSION
This research paper vividly depicts how under a balancing act that respects not only global
national legislation, with cultural and religious standards but also local traditions. Therefore,
flavours that characterize Zambia, there arises a great Uganda's experience with regard to the Anti-
challenge when it conflicts with internationally Homosexuality Act justifies a balanced approach
recognized established human rights principle. between cultural diversity and upholding the
Findings reveal that the provisions of the Act fundamental human rights of all people. The
undermine universal human rights principles as it universality-versus-cultural-relativism dilemma in
criminalizes same-sex relationships and imposes international human rights law continues to be a
heavy penalties. This violates basic human rights to lively one, and this case offers another illustration of
privacy, dignity, and equality as defined in the difficulties in finding a course between these two
international agreements under the Universal values. It also serves to underscore, through
Declaration of Human Rights (UDHR) and designing solutions that respond to both universal
International Covenant on Civil and Political Rights principles and cultural sensitivities, that there is a
(ICCPR). In a spirit of embracing cultural relativism, need for dialogue and negotiation between global
the legislation is staunchly defended on the basis that human rights advocates and local cultural leaders.
the bill is in line with traditional Ugandan values and This could be a case in point whereby, in solving
religious beliefs. According to this perspective, the cultural challenges facing the conflict with
emphasis is placed on ensuring that human rights are international human rights standards, what will be
in consideration set within the local cultural and achieved will be the importance of serious
social setting. Meanwhile the Act has faced strong engagement with the respective local communities to
international condemnation, and yet within the listen to their side and at the same time serve for
country, the Act has been lauded for its support by a human rights. Legal and policy approaches should be
number of cultural and religious groups. The very based on the common ground of finding a solution,
facts of such differing reactions still reveal a broader cultivating tolerance, and realization of respect
problem of how best to reconcile universal human accruing from culture without the suspicion of
rights standards and local cultural norms. This Act undermining cultural settings. For the broader
has affected Uganda's global reputation and world, supporting capacity development and
diplomatic relationship with international human inclusive dialogue processes can help circumvent such
rights organizations. It emphasizes the challenges battles and contribute to the furthering of human
that come with enforcing universal human rights in rights in diverse settings.
culturally diverse circumstances and hence the call for
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CITE AS: Godswill Owoche Antai (2024). Universality versus Cultural relativism in International
Human Rights: A Case Study of the Anti-Homosexuality Act of Uganda 2023. IAA Journal of
Management 11(2):1-14. https://doi.org/10.59298/IAAJAM/2024/112.11400.00

14

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