DeLovie Kwagala, an activist advocating for LGBT rights in Uganda, has expressed their intention to return to their home country next week, even though they fear the possibility of being arrested.

Kwagala, who identifies as non-binary and prefers the pronoun ‘they,’ has been residing in Johannesburg, South Africa, since 2021. However, their visa is soon expiring, prompting the decision to return to Uganda.

The situation is particularly concerning due to the passing of a new law by the Ugandan parliament earlier this month. The law stipulates that anyone found guilty of “knowingly promoting homosexuality” could face up to 20 years in jail.

The bill is currently awaiting approval from President Yoweri Museveni.

This legislation is an amended version of a previous draft that triggered strong opposition from Western governments and human rights organizations.

Kwagala expressed frustration with the bill, perceiving it as an indirect message to society to treat LGBT individuals as immoral.

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Despite facing threats of detention from the police last year, which forced Kwagala to abandon plans of returning home, they have decided against applying for asylum in South Africa, as they do not wish to become a refugee.

The new bill goes even further than previous versions, proposing life imprisonment for “engaging in acts of homosexuality” and potentially death penalty for repeat offenders in cases of “aggravated homosexuality.”

It is important to note that Uganda has not carried out capital punishment for many years.

Although an earlier version of the law criminalized simply identifying as gay, President Museveni sent it back to parliament, indicating the possibility of him exercising his veto power once again.

Homosexuality has been considered illegal in Uganda since colonial times, but there have been no recorded convictions for consensual same-sex activities since the country gained independence from Britain in 1962.