Enforcing the 'Unnatural Offence': Sodomy Legislation and Anti-Queer Panoptic Policing in Uganda

• In Event: 30465 - Queer Criminology in Precarious Sociolegal Climates

Abstract

This study examines the enforcement of sodomy legislation in Uganda, with a particular focus on the impact of national attention on the narrative of ‘failed’ enforcement and the broader mechanisms of enforcement through the lens of social panopticism. By employing a multi-method approach, the research draws on police reports, U.S. Department of State reports, civil society documentation, and ethnographic reflections to provide a comprehensive analysis of sodomy law enforcement. The findings reveal that sodomy laws, often perceived as unenforceable, are actively used to target and marginalize LGBTQ+ individuals. This enforcement occurs not only through formal legal channels but also through societal surveillance and control, creating a pervasive environment of fear and discrimination.
The study highlights the role of social panopticism in the enforcement of sodomy laws, where societal norms and state power intersect to exert control over LGBTQ+ individuals. This framework helps to understand the broader manifestations of state-imposed disciplinary threats beyond arrest data. The research underscores the importance of considering both legal and social dimensions when evaluating the impact of sodomy legislation. It also emphasizes the need for comprehensive legal reforms and robust enforcement strategies that address the underlying cultural and societal attitudes towards LGBTQ+ individuals.
The study contributes to the existing body of knowledge by providing a nuanced perspective on the enforcement of sodomy laws and their impact on LGBTQ+ individuals. It advocates for decriminalization and the protection of LGBTQ+ rights, highlighting the harmful effects of sodomy legislation. The research calls for policymakers to recognize these effects and work towards creating a more inclusive and equitable legal framework. By addressing both the legal and social aspects of enforcement, this study aims to move towards a society that respects and protects the rights of all individuals, regardless of their sexual orientation or gender identity.

Author

• SM Rodriguez, LSE