Anti-Homosexuality or Anti-Human Rights Bill?
Hon. Bahati’s Anti-Homosexuality Bill which was tabled in Parliament on October 14, 2009,
and is currently before the Legal and Parliamentary Affairs Committee of Parliament covers
much more than the title alone proclaims. A much better title for this bill would have been the
‘Anti Civil Society Bill, the ‘Anti Public Health Bill,’ or the ‘Anti-Constitution Bill.’ Perhaps
more simply it should be called the Anti Human Rights Bill. As a matter of fact, this bill
represents one of the most serious attacks to date on the 1995 Constitution and on the key
human rights protections enshrined in the Constitution including:
• Article 20: Fundamental rights and freedoms are inherent and not granted by the State
• Article 21: Right to Equality and Freedom from discrimination
• Article 22: The Right to Life (the death penalty provisions)
• Article 27: The Right to Privacy
• Article 29: Right to freedom of conscience, expression, movement, religion, assembly
and association (this includes freedom of speech, Academic freedom and media
freedom)
• Article 30: Right to Education
• Article 32: Affirmative Action in favour of marginalised groups and
• Article 36 on the Rights of Minorities
Let us think for a moment of who—quite apart from the homosexuals it claims as its target—
this bill puts at risk:
- any parent who does not denounce their lesbian daughter or gay son to the
authorities: Failure to do so s/he will be fined Ush 5,000,000/= or put away for
three years;
- any teacher who does not report a lesbian or gay pupil to the authorities within
24 hours: Failure to do so s/he will be fined Ush 5,000,000/= or put away for
three years in prison;
- any landlord or landlady who happens to give housing to a suspected
homosexual risks seven years of imprisonment;
- any Local Council I – V Chairperson or Executive member who does not
denounce somebody accused of same-sex attraction or activity risks
imprisonment or a heavy fine;
- any medical doctor who seeks to prevent the spread of HIV/AIDS through
working with what are known as most at risk populations, risks her or his career;
2
- all civil society leaders, whether in a Community Based Organisation, NGO, or
academic institution; if their organisations seek to have a comprehensive position
on sexual and reproductive health, they risk seeing their organisations closed
down;
- any human rights activist who seeks to promote an understanding of the
indivisibility and inalienability of human rights would be judged to be promoting
homosexuals and homosexuality, and be punished accordingly;
- any religious leader who seeks to provide guidance and counselling to people
who are unsure of their sexuality, would be regarded as promoting homosexuality
and punished accordingly;
- any Member of Parliament or other public figure who is sent a pornographic
article, picture or video will become vulnerable to blackmail and witch-hunts;
- any media house that publishes ‘pornographic’ materials risks losing its
certificate of registration and the editor will be liable to seven years in jail;
- any internet café operator who fails to prevent a customer from accessing a
pornographic website, or a dating site, could be accused of ‘participating in the
production, procuring, marketing, broadcasting, disseminating and publishing of
pornographic materials for purposes of promoting homosexuality’; their business
licence could be revoked and they themselves could land in prison.
- any Person alleged to be a homosexual is at risk of LIFE IMPRISONMENT
and, in some circumstances, the DEATH PENALTY
In short, this bill targets everybody, and involves everybody: it cannot be implemented without
making every citizen spy on his or her neighbours. The last time this was done was in the Amin
era, where everyone very quickly became an ‘enemy of the state’. It amounts to a direct invasion
of our homes, and will promote blackmail, false accusations and outright intimidation of certain
members of the population. Do Ugandans really want to mimic the practices of the Khartoum
regime? Have we already forgotten the sex police of Apartheid South Africa, who smashed
their way into people’s bedrooms in an attempt to prevent inter-racial sex?
As Civil Society organisations we condemn all predatory sexual acts (hetero or homosexual)
that violate the rights of vulnerable sections of our society such as minors and people with
disabilities. However, the Bill lumps “aggravated homosexuality” together with sexual acts
between consenting adults in order to whip up sentiments of fear and hatred aimed at isolating
sexual minorities. By so doing, the state fails in its duty to protect all its citizens without
discrimination.
The bill also asserts Extra Territorial jurisdiction. In other words, all of the offences covered by
the bill can be applied to a Ugandan citizen or permanent resident who allegedly commits them
outside the country. Thus homosexuality and/or its ‘promotion’ are added to the very short list
3
of offences which fall in the ‘political offences’ category. It joins treason, misprision of treason,
and terrorism as offences subject to extra-territorial jurisdiction. Clearly, this is out of all
proportion in relation to the gravity of the act.
On top of these day-to-day considerations about everybody’s safety and security, let us consider
what this bill will do for civil society organisations in Uganda which seek to have a critical
voice and to engage in issues of global concern. One of the objectives of the bill is to prohibit
the licensing of organizations which allegedly ‘promote homosexuality.’ Thus, for example,
any organisation which talked about anal sex as part of a campaign of HIV prevention can be
affected. Had this bill been in place earlier this year, no Ugandan could have participated in the
World AIDS meeting held in Mexico to discuss HIV prevention.
And what about our standing in the eyes of the world? The Bill calls for Uganda to nullify any
international treaties, protocols, declarations and conventions which are believed to be
‘contradictory to the spirit and provisions’ of the bill. In reality, this would involve Uganda
withdrawing from:
• The Universal Declaration of Human Rights;
• The International Covenant on Civil and Political Rights and its protocols;
• The International Covenant on Economic, Social and Cultural Rights;
• The Convention on the Elimination of all Forms of Discrimination Against Women;
• The Convention on the Rights of the Child, and
• The African Charter on Human and Peoples’ Rights
We note that Uganda is current Chair of the UN Security Council which operates with the UN
Charter and UDHR as guiding principles. It is also current Chair of the Commonwealth and a
signatory to the African Union’s Constitutive Act which has as its premise the promotion and
respect of human rights. In 2009 and 2010 it is hosting AU Summits. What will happen to
Uganda’s hard-won role on the global stage if it nullifies its international and regional human
rights commitments? Uganda cannot wish away core human rights principles of dignity,
equality and non-discrimination, and all Ugandans will pay a heavy price if this bill is enacted.
We will have bargained away our hard-earned rights and freedoms as well as our right to
challenge the State and hold it accountable for the protection of these rights.
In sum, the Bahati Bill is profoundly unconstitutional. It is a major stumbling block to the
development of a vibrant human rights movement in Uganda, and a serious threat to Uganda’s
developing democratic status. If passed, this law would not only prove difficult to implement, it
would also consume resources and attention which would be better directed at more pressing
issues of human rights abuse, corruption, electoral reform, domestic relations and freedom of the
press.
Regardless of our personal moral beliefs and values, we the undersigned organisations are
standing up in defence of Democracy, our Constitution and its enshrined principles of human
dignity, equality, freedom and justice for all.
Kampala, 23 October 2009
4
• African Women’s Development Fund (AWDF)
• Akina Mama wa Afrika (AMwA)
• Advocates for Public International Law in Uganda (APILU)
• Center for Land Economy and Rights of Women (CLEAR-Uganda)
• Centre for Women in Governance (CEWIGO)
• Development Network of Indigenous Voluntary Associations (DENIVA)
• East & Horn of Africa Human Rights Defenders Project
• Uganda Association of Women Lawyers (FIDA-U)
• Forum for Women in Democracy (FOWODE)
• Human Rights Awareness & Promotion Forum
• Human Rights & Peace Centre (HURIPEC), Faculty of Law, Makerere University
• Integrity Uganda
• International Refugee Rights Initiative
• Mentoring and Empowerment Programme for Young Women (MEMPROW)
• MIFUMI Project
• National Association of Women’s Organisations in Uganda (NAWOU)
• National Coalition of Women Living with HIV/AIDS (NACWOLA)
• Refugee Law Project (RLP), Faculty of Law, Makerere University
• National Guidance & Empowerment Network of People Living with HIV/AIDS (NGEN+)
• Spectrum Uganda
• Uganda Feminist Forum
• Women’s Organisation & Network for Human Rights Advocacy (WONETHA)
For further information please contact the coalition at kalendenator@gmail.com
Monday, October 26, 2009
Friday, October 23, 2009
UGANDAN NGOs SET TO RESPOND TO ANTI-HOMOSEXUALITY BILL
Mongezi Mhlongo (BTM Senior Reporter)
UGANDA- 23 October 2009: Following the tabling of the Anti-Homosexual Bill in the Ugandan parliament, a new Civil Society Coalition on Human Rights and Constitutional Law has been formed, set to respond to the draconian bill which, according to the coalition undermines basic human rights and the Constitution of Uganda.
Comprising of more than 25 civil society organisations working in various sectors in Uganda, the coalition has taken a staunch opposition to the proposed Anti-Homosexuality bill currently before the Legal and Parliamentary Affairs Committee.
Explaining reasons why the Coalition was formed, Frank Mugisha, Chairperson, Sexual Minorities Uganda (SMUG) said, to head the campaign opposing the bill successfully, voices from various sectors are needed for the campaign to be a success.
“In the past we would take up campaigns on our own and we would be accused of being immoral amongst other things, by actually having other human rights defenders, lawyers etc, the campaign will be much stronger and it will go a long way.”
In a statement issued today, members of the newly formed Coalition highlighted that the Anti-Homosexuality Bill does not only target homosexuals but every Uganda citizen, dubbing it an Anti-Human Rights Bill.
The statement further pointed out that the bill contradicts eight fundamental human rights protections afforded to Ugandans and enshrined in the Constitution of Uganda.
Namely, Fundamental rights and freedoms are inherent and not granted by State (Article 20), Right to Equality and Freedom from discrimination (Article 21), The Right to Life –the death penalty provisions (Article 22), The rights to Privacy (Article 27), Right to freedom of conscience, expression, movement, religion, assembly and association-including freedom of speech, Academic freedom and media freedom (Article 29), Right to Education (Article 30), Affirmative Action in favor of marginalized groups (Article 32), Right of Minorities (Article 36).
Furthermore, “If passed this law would not only prove difficult to implement, it would also consume resources and attention which would be better directed at more pressing issues of human rights abuse, corruption, electoral reform, domestic relations and freedoms of the press”, cautioned the statement.
Mugisha lauded that the member’s civil society organisation adding that they have played a vital role in the campaign.
“They have been helpful in spreading the word in their networks and organisations sensitizing them about LGBTI issues and the Anti –Homosexual bill.”
Member organisations of the coalition are the following, African Women’s Development Fund (AWDF), Akina Mama wa Afrika (AMwA), Advocates for Public International Law in Uganda (APILU), Center for Land Economy and Rights of Women (CLEAR-Uganda), Centre for Women in Governance (CEWIGO), Development Network of Indigenous Voluntary Associations (DENIVA),East & Horn of Africa Human Rights Defenders Project, Uganda Association of Women Lawyers (FIDA-U), Forum for Women in Democracy (FOWODE), Human Rights Awareness & Promotion Forum, Human Rights & Peace Centre (HURIPEC), Faculty of Law, Makerere University, Integrity Uganda, International Refugee Rights Initiative, Mentoring and Empowerment Programme for Young Women (MEMPROW), MIFUMI Project, National Association of Women’s Organisations in Uganda (NAWOU), National Coalition of Women Living with HIV/AIDS (NACWOLA), Refugee Law Project (RLP), Faculty of Law, Makerere University, National Guidance & Empowerment Network of People Living with HIV/AIDS (NGEN+), Spectrum Uganda, Uganda Feminist Forum, Women’s Organisation & Network for Human Rights Advocacy (WONETHA)
UGANDA- 23 October 2009: Following the tabling of the Anti-Homosexual Bill in the Ugandan parliament, a new Civil Society Coalition on Human Rights and Constitutional Law has been formed, set to respond to the draconian bill which, according to the coalition undermines basic human rights and the Constitution of Uganda.
Comprising of more than 25 civil society organisations working in various sectors in Uganda, the coalition has taken a staunch opposition to the proposed Anti-Homosexuality bill currently before the Legal and Parliamentary Affairs Committee.
Explaining reasons why the Coalition was formed, Frank Mugisha, Chairperson, Sexual Minorities Uganda (SMUG) said, to head the campaign opposing the bill successfully, voices from various sectors are needed for the campaign to be a success.
“In the past we would take up campaigns on our own and we would be accused of being immoral amongst other things, by actually having other human rights defenders, lawyers etc, the campaign will be much stronger and it will go a long way.”
In a statement issued today, members of the newly formed Coalition highlighted that the Anti-Homosexuality Bill does not only target homosexuals but every Uganda citizen, dubbing it an Anti-Human Rights Bill.
The statement further pointed out that the bill contradicts eight fundamental human rights protections afforded to Ugandans and enshrined in the Constitution of Uganda.
Namely, Fundamental rights and freedoms are inherent and not granted by State (Article 20), Right to Equality and Freedom from discrimination (Article 21), The Right to Life –the death penalty provisions (Article 22), The rights to Privacy (Article 27), Right to freedom of conscience, expression, movement, religion, assembly and association-including freedom of speech, Academic freedom and media freedom (Article 29), Right to Education (Article 30), Affirmative Action in favor of marginalized groups (Article 32), Right of Minorities (Article 36).
Furthermore, “If passed this law would not only prove difficult to implement, it would also consume resources and attention which would be better directed at more pressing issues of human rights abuse, corruption, electoral reform, domestic relations and freedoms of the press”, cautioned the statement.
Mugisha lauded that the member’s civil society organisation adding that they have played a vital role in the campaign.
“They have been helpful in spreading the word in their networks and organisations sensitizing them about LGBTI issues and the Anti –Homosexual bill.”
Member organisations of the coalition are the following, African Women’s Development Fund (AWDF), Akina Mama wa Afrika (AMwA), Advocates for Public International Law in Uganda (APILU), Center for Land Economy and Rights of Women (CLEAR-Uganda), Centre for Women in Governance (CEWIGO), Development Network of Indigenous Voluntary Associations (DENIVA),East & Horn of Africa Human Rights Defenders Project, Uganda Association of Women Lawyers (FIDA-U), Forum for Women in Democracy (FOWODE), Human Rights Awareness & Promotion Forum, Human Rights & Peace Centre (HURIPEC), Faculty of Law, Makerere University, Integrity Uganda, International Refugee Rights Initiative, Mentoring and Empowerment Programme for Young Women (MEMPROW), MIFUMI Project, National Association of Women’s Organisations in Uganda (NAWOU), National Coalition of Women Living with HIV/AIDS (NACWOLA), Refugee Law Project (RLP), Faculty of Law, Makerere University, National Guidance & Empowerment Network of People Living with HIV/AIDS (NGEN+), Spectrum Uganda, Uganda Feminist Forum, Women’s Organisation & Network for Human Rights Advocacy (WONETHA)
Tuesday, October 20, 2009
Other Sheep press statement on Ugandan anti-gay bill
Tell Rick Warren, John Stott and Douglas Carew to tell the Association of Evangelicals in Africa (AEA) to Denounce the Ugandan Anti-Homosexuality Bill of 2009
BRONX, NEW YORK, USA. October 19, 2009
In an Other Sheep e-newsletter, Rev Stephen Parelli, Executive Director of Other Sheep, called upon evangelicals worldwide to tell the Association of Evangelicals in Africa (AEA) to denounce the Ugandan Anti-Homosexuality Bill of 2009.
"Uganda is largely evangelical," Parelli said. "Uganda's hateful stance against homosexuals is very Bible based, so they think. Therefore, evangelicals worldwide cannot look on and watch the Parliament of Uganda enact laws against homosexuals that are, as this bill is, criminal, without speaking out. The evangelicals of Africa and from outside of Africa must address their fellow Christians of Uganda and tell them they must, in the name of God, stop this inhumane bill from becoming law."
The newsletter gives a sample letter to use and the contact information of the AEA Executive Board members and AEA Ethics, Peace and Justice Commission.
In addition, Rev. Parelli called upon Pastor Rick Warren of the United States, John Stott of England, and Douglas Carew of Kenya, all recognized evangelical leaders, to denounce the bill. "Warren, Stott and Carew," Parelli said, "have endorsed the 2006 widely acclaimed Africa Bible Commentary in which Nigerian religious leader Yusufu Turaki's featured Homosexuality article effectively dismisses the church from its responsibility to speak out against the violence in Africa against LGBT people (lesbian, gay, bi-sexual and transgender). Turaki's article could be used by African evangelicals at this time as an argument for the endorsement of the Ugandan bill." The Other Sheep newsletter provides contact information and a sample letter to Warren, Stott and Carew urging them to speak out against the bill.
Other Sheep is a multi-cultural ecumenical Christian organization that works worldwide for the full inclusion of LGBT people of faith within their respective faith traditions.
BRONX, NEW YORK, USA. October 19, 2009
In an Other Sheep e-newsletter, Rev Stephen Parelli, Executive Director of Other Sheep, called upon evangelicals worldwide to tell the Association of Evangelicals in Africa (AEA) to denounce the Ugandan Anti-Homosexuality Bill of 2009.
"Uganda is largely evangelical," Parelli said. "Uganda's hateful stance against homosexuals is very Bible based, so they think. Therefore, evangelicals worldwide cannot look on and watch the Parliament of Uganda enact laws against homosexuals that are, as this bill is, criminal, without speaking out. The evangelicals of Africa and from outside of Africa must address their fellow Christians of Uganda and tell them they must, in the name of God, stop this inhumane bill from becoming law."
The newsletter gives a sample letter to use and the contact information of the AEA Executive Board members and AEA Ethics, Peace and Justice Commission.
In addition, Rev. Parelli called upon Pastor Rick Warren of the United States, John Stott of England, and Douglas Carew of Kenya, all recognized evangelical leaders, to denounce the bill. "Warren, Stott and Carew," Parelli said, "have endorsed the 2006 widely acclaimed Africa Bible Commentary in which Nigerian religious leader Yusufu Turaki's featured Homosexuality article effectively dismisses the church from its responsibility to speak out against the violence in Africa against LGBT people (lesbian, gay, bi-sexual and transgender). Turaki's article could be used by African evangelicals at this time as an argument for the endorsement of the Ugandan bill." The Other Sheep newsletter provides contact information and a sample letter to Warren, Stott and Carew urging them to speak out against the bill.
Other Sheep is a multi-cultural ecumenical Christian organization that works worldwide for the full inclusion of LGBT people of faith within their respective faith traditions.
Friday, October 16, 2009
Sexual Minorities Uganda Condemn the tabled anti-homosexuality bill
As a network of human rights activists, working in the areas of sexual
rights as well as other human rights issues, we write to urge you to
oppose a repressive bill which was tabled in Parliament of Uganda on
14th October 2009. This bill is a blow to the steady progress of democracy
in Uganda. It proposes criminalization of advocacy and support for the
rights of homosexual Ugandans. It also prohibits any public discussion or
expression of gay and lesbian lives and any organizing around sexual
orientation. In doing so, it violates the basic rights to freedom of
expression, conscience, association, and assembly, as well as
internationally recognized protections against discrimination. The
proposed bill intention is to divide and discriminate against the Ugandan
homosexual population, and exclude them from participation in public life,
which goes against the inclusive spirit necessary for our economic as well
as political development. Its spirit is profoundly undemocratic and
un-African.
Over the recent months increased campaigns of violence have gone
uncontrolled. The violence directed at Homosexual Ugandans has resulted in
the unwarranted arrests of many people; there are eight ongoing cases in
various courts all over Uganda of which four accused persons are unable to
meet the harsh bail conditions set against them. These acts of violence
have now resulted in the deaths of several homosexual people, such as
Brian Pande at Mbale Hospital as he awaited trial. This bill aggravates
stigma and hatred; and renders all promised protections enshrined in the
constitution for all Ugandan citizens void.
Religious leaders and policy makers have also exhibited very hostile
attitudes towards otherwise peace keeping homosexual Ugandans by
publicizing slanderous and hateful messages in the media, creating serious
security concerns for the lives of SMUG network members
Uganda has repeatedly pledged to defend these fundamental freedoms in the
Constitution; it has also signed treaties binding it to respect
international human rights law and standards, including the African
Charter on Human and Peoples’ Rights. As part of the community of nations
forming sexual minorities we urge Ugandan parliamentarians and government
to continue to respect these principles and reject this bill, which
establishes a new and totally undemocratic level of policing private life.
SMUG condemns both of these positions as undemocratic and unacceptable.
These positions will further set a dangerous precedent and send a signal
that any Ugandan’s privacy is unguaranteed -that all of our civil society
could be put under attack. If this bill is passed into law, it will
clearly endanger the work of all human rights defenders and members of
civil society in Uganda.
This proposed legislation violates Uganda’s most basic obligations to the
rights, and well-being, of its people. By signing international treaties
and entering the international community, the Ugandan government has
undertaken the obligation to promote and protect the human rights of its
population, without discrimination on any grounds. As the Sexual
Minorities in Uganda, we urge you to act on that obligation, and to
further the growth of our democracy. Kindly vote against this bill.
ISSUED BY
Sexual Minorities Uganda - SMUG
Sexual Minorities Uganda - SMUG is a network of lesbian, gay, bisexual,
transgender and intersex people’s organizations based in Uganda.
rights as well as other human rights issues, we write to urge you to
oppose a repressive bill which was tabled in Parliament of Uganda on
14th October 2009. This bill is a blow to the steady progress of democracy
in Uganda. It proposes criminalization of advocacy and support for the
rights of homosexual Ugandans. It also prohibits any public discussion or
expression of gay and lesbian lives and any organizing around sexual
orientation. In doing so, it violates the basic rights to freedom of
expression, conscience, association, and assembly, as well as
internationally recognized protections against discrimination. The
proposed bill intention is to divide and discriminate against the Ugandan
homosexual population, and exclude them from participation in public life,
which goes against the inclusive spirit necessary for our economic as well
as political development. Its spirit is profoundly undemocratic and
un-African.
Over the recent months increased campaigns of violence have gone
uncontrolled. The violence directed at Homosexual Ugandans has resulted in
the unwarranted arrests of many people; there are eight ongoing cases in
various courts all over Uganda of which four accused persons are unable to
meet the harsh bail conditions set against them. These acts of violence
have now resulted in the deaths of several homosexual people, such as
Brian Pande at Mbale Hospital as he awaited trial. This bill aggravates
stigma and hatred; and renders all promised protections enshrined in the
constitution for all Ugandan citizens void.
Religious leaders and policy makers have also exhibited very hostile
attitudes towards otherwise peace keeping homosexual Ugandans by
publicizing slanderous and hateful messages in the media, creating serious
security concerns for the lives of SMUG network members
Uganda has repeatedly pledged to defend these fundamental freedoms in the
Constitution; it has also signed treaties binding it to respect
international human rights law and standards, including the African
Charter on Human and Peoples’ Rights. As part of the community of nations
forming sexual minorities we urge Ugandan parliamentarians and government
to continue to respect these principles and reject this bill, which
establishes a new and totally undemocratic level of policing private life.
SMUG condemns both of these positions as undemocratic and unacceptable.
These positions will further set a dangerous precedent and send a signal
that any Ugandan’s privacy is unguaranteed -that all of our civil society
could be put under attack. If this bill is passed into law, it will
clearly endanger the work of all human rights defenders and members of
civil society in Uganda.
This proposed legislation violates Uganda’s most basic obligations to the
rights, and well-being, of its people. By signing international treaties
and entering the international community, the Ugandan government has
undertaken the obligation to promote and protect the human rights of its
population, without discrimination on any grounds. As the Sexual
Minorities in Uganda, we urge you to act on that obligation, and to
further the growth of our democracy. Kindly vote against this bill.
ISSUED BY
Sexual Minorities Uganda - SMUG
Sexual Minorities Uganda - SMUG is a network of lesbian, gay, bisexual,
transgender and intersex people’s organizations based in Uganda.
Homosexuals face death penalty [More]
The New Vision
Wednesday, 14th October, 2009
By Mary Karugaba and Catherine Bekunda
Aggravated homosexuality will be punished by death, according to a new bill tabled in Parliament yesterday.
The private member's bill was tabled by Ndorwa West MP David Bahati (NRM).
A person commits aggravated homosexuality when the victim is a person with disability or below the age of 18, or when the offender is HIV-positive.
The bill thus equates aggravated homosexuality to aggravated defilement among people of different sexes, which also carries the death sentence.
The Bill, entitled the Anti-Homosexuality Bill 2009, also states that anyone who commits the offence of homosexuality will be liable to life imprisonment.
This was already the case under the current Penal Code Act.
However, it gives a broader definition of the offence of homosexuality.
A person charged with the offence will have to undergo a mandatory medical examination to ascertain his or her HIV status.
The bill further states that anybody who "attempts to commit the offence" is liable to imprisonment for seven years.
"The same applies to anybody who "aids, abets, counsels or procures another to engage in acts of homosexuality" or anybody who keeps a house or room for the purpose of homosexuality.
The bill also proposes stiff sentences for people promoting homosexuality.
They risk a fine of sh100m or prison sentences of five to seven years.
This applies to people who produce, publish or distribute pornographic material for purposes of promoting homosexuality, fund or sponsor homosexuality.
Where the offender is a business or NGO, its certificate of registration will be cancelled and the director will be liable to seven years in prison.
Failure to disclose the offence within 24 hours of knowledge makes somebody liable to a maximum sh5m fine or imprisonment of up to three years.
The provisions, according to the bill, are meant to "protect the traditional family by prohibiting any form of sexual relations between persons of the same sex."
They are also meant to prohibit the "promotion or recognition of such sexual relations in public institutions and other places through or with the support of any government entity or NGO."
The bill further aims at protecting children and youth who are "made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies and increasing attempts by homosexuals to raise children in homosexual relationships through adoption or foster care."
Bahati said the legislation is intended to complement the provisions of the Constitution and the Penal Code Act.
Wednesday, 14th October, 2009
By Mary Karugaba and Catherine Bekunda
Aggravated homosexuality will be punished by death, according to a new bill tabled in Parliament yesterday.
The private member's bill was tabled by Ndorwa West MP David Bahati (NRM).
A person commits aggravated homosexuality when the victim is a person with disability or below the age of 18, or when the offender is HIV-positive.
The bill thus equates aggravated homosexuality to aggravated defilement among people of different sexes, which also carries the death sentence.
The Bill, entitled the Anti-Homosexuality Bill 2009, also states that anyone who commits the offence of homosexuality will be liable to life imprisonment.
This was already the case under the current Penal Code Act.
However, it gives a broader definition of the offence of homosexuality.
A person charged with the offence will have to undergo a mandatory medical examination to ascertain his or her HIV status.
The bill further states that anybody who "attempts to commit the offence" is liable to imprisonment for seven years.
"The same applies to anybody who "aids, abets, counsels or procures another to engage in acts of homosexuality" or anybody who keeps a house or room for the purpose of homosexuality.
The bill also proposes stiff sentences for people promoting homosexuality.
They risk a fine of sh100m or prison sentences of five to seven years.
This applies to people who produce, publish or distribute pornographic material for purposes of promoting homosexuality, fund or sponsor homosexuality.
Where the offender is a business or NGO, its certificate of registration will be cancelled and the director will be liable to seven years in prison.
Failure to disclose the offence within 24 hours of knowledge makes somebody liable to a maximum sh5m fine or imprisonment of up to three years.
The provisions, according to the bill, are meant to "protect the traditional family by prohibiting any form of sexual relations between persons of the same sex."
They are also meant to prohibit the "promotion or recognition of such sexual relations in public institutions and other places through or with the support of any government entity or NGO."
The bill further aims at protecting children and youth who are "made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies and increasing attempts by homosexuals to raise children in homosexual relationships through adoption or foster care."
Bahati said the legislation is intended to complement the provisions of the Constitution and the Penal Code Act.
Homosexuals face death penalty in Uganda according to news article
The New Vision, Uganda's Leading Website, Wednesday, 14th October, 2009
"I fear for Uganda, or any state, when the church, by how it acts, might as well be parliament, and parliament, by how it acts, might as well be the church." - Rev. Stephen R. Parelli
Dear Other Sheep Friend,
This news article was sent to me today by email from a more recent contact in Uganda. He wrote that because of this bill he is finally seeking to leave his country.
I ask: Where is the voice of the churches in Uganda, that voice that should be raising moral objections to this bill? I believe, sadly, you are hearing the voice of the churches in Uganda as you read this bill. Mary Nyangweso Wangila in her book Female Circumcision: The Interplay of Religion, Culture, and Gender in Kenya quotes John Mbiti as describing Africans as "notoriously religious" by explaining "Wherever the African is, there is his religion: he carries it to the fields where he is sowing seeds or harvesting a new crop; he takes it with him to the beer party or to attend a funeral ceremony; and if he is educated, he takes religion with him to the examination room at school or in the university; if he is a politician, he takes it to the house of parliament."
Some in the church need to arise and say to the church, "Wait! The Bible is not at all that clear on the topic of homosexuality. We have drawn our conclusions without doing our homework on the Biblical passages and we have, therefore, judged our brother perhaps without cause." Some in parliament need to arise and say to parliament, "Wait! We are in danger of marking our laws on the basis of religious teaching rather than civil rights for all. Do we enact laws that copy ecclesiastical codes, or do we enact laws that protect the equality and justice of all?"
I fear for Uganda, or any state, when the church, by how it acts, might as well be parliament, and parliament, by how it acts, might as well be the church.
May God save the parliament of Uganda from this bill of civil injustice and social inequality.
Rev. Steve Parelli
Other Sheep Executive Director
MCC Clergy
"I fear for Uganda, or any state, when the church, by how it acts, might as well be parliament, and parliament, by how it acts, might as well be the church." - Rev. Stephen R. Parelli
Dear Other Sheep Friend,
This news article was sent to me today by email from a more recent contact in Uganda. He wrote that because of this bill he is finally seeking to leave his country.
I ask: Where is the voice of the churches in Uganda, that voice that should be raising moral objections to this bill? I believe, sadly, you are hearing the voice of the churches in Uganda as you read this bill. Mary Nyangweso Wangila in her book Female Circumcision: The Interplay of Religion, Culture, and Gender in Kenya quotes John Mbiti as describing Africans as "notoriously religious" by explaining "Wherever the African is, there is his religion: he carries it to the fields where he is sowing seeds or harvesting a new crop; he takes it with him to the beer party or to attend a funeral ceremony; and if he is educated, he takes religion with him to the examination room at school or in the university; if he is a politician, he takes it to the house of parliament."
Some in the church need to arise and say to the church, "Wait! The Bible is not at all that clear on the topic of homosexuality. We have drawn our conclusions without doing our homework on the Biblical passages and we have, therefore, judged our brother perhaps without cause." Some in parliament need to arise and say to parliament, "Wait! We are in danger of marking our laws on the basis of religious teaching rather than civil rights for all. Do we enact laws that copy ecclesiastical codes, or do we enact laws that protect the equality and justice of all?"
I fear for Uganda, or any state, when the church, by how it acts, might as well be parliament, and parliament, by how it acts, might as well be the church.
May God save the parliament of Uganda from this bill of civil injustice and social inequality.
Rev. Steve Parelli
Other Sheep Executive Director
MCC Clergy
Wednesday, October 7, 2009
Gay Kenyan Gives Account of Attack
by Jose Ortiz and Steve Parelli October 5, 2009 Bronx, NY
The Victim
The victim, an active member of Other Sheep Kenya, is a gay Christian Kenyan adult male living in Kenya. The victim is a long standing member of a large and prominent mainline church in Kenya. He takes an active role in the weekly services of his church. The victim grew up in the parsonage. His father, now deceased, was a clergyman.
(According to one Kenyan minister who commented, it is very unlikely that the victim's present church will take notice of this attack if the members learn that he is gay.)
Here is what the victim reported:
The Attack - as reported by the victim in a phone conversation
A new "friend" who is not to be trusted
Not too long ago, a certain neighbor of mine - a fellow Kenyan - came to my home and introduced himself. He was very friendly and so we had talks together about life in general. With time, he told me he had a job working for an organization (which he named) that has health programs for the gay community. He said he wanted to understand "what is this thing about gays, and how does it work, and if there are any gays in Kenya." He told me that he was just beginning to hear about gay people and so he needed to understand more about it. I decided to open up to him and tell him I was gay. When I did, we had a long conversation. He asked me questions in a very nice manner.
Blackmail
Then things changed. He said he was trying to gather information to confirm that I was gay because there should not be any gays in society. He said he was going to take action. Then he started asking me if I had any money. He said he would tell someone in the neighborhood that I am gay - someone who would not take the information very kindly. If I wanted him to keep quiet about my orientation then I was to give him money. I thought, at first, he was joking. He said he studied criminology and could do what he said he would do.
Manipulated, threatened and forced to the home of a good friend who said he wanted to kill him
On the night of the beating, this same neighbor who had blackmailed me, came to my home and grabbed me and told me to come with him. He said he was taking me to see a certain friend of mine which he also knew. He named the friend and he was, indeed, a very good friend of mine. He said if I would not go with him he would start screaming to everyone nearby that I am gay and that I had tried to molest him. I said, "OK, if you want my friend to know, let's go." I didn't know if they had planned this out together, but I decided it would make things easier for me if I were to go. I felt that my good friend would take the time needed to understand me and accept me still as his friend. However, I was shocked by his reaction. He didn't want to listen to anything I had to say. He just said, "I knew he was gay. He should be killed. He should be destroyed. Don't let him say another word. Let's just hit him and let's make sure he is destroyed."
The neighbor who had grabbed me and forced me to my good friend's home said, "You accept that you are gay and that you should not be gay?" I tried to explain to them both that there is nothing wrong in being gay; that gay people are normal human beings; that gay people do no wrong to any one; that they need to be given the opportunity to explain what they go through, that is, the kind of stigmatization they experience in society.
But they would not listen to any of this.
There, at his home, my very good friend said, "I have a gun. We have to destroy him. I don't care if he is my best friend. He isn't anymore."
The victim attempts to verbally defend himself
I think my very good friend was homophobic all along, but he had no evidence that I was gay until this night when I admittedly told him I was gay. I told them they needed to understand. I told them that I have accepted myself as a gay man and that if I have done anything criminal then, instead of hitting me, they needed to call the police and write up a report against me. But they said, "No, we just have to hit you."
Other people join in to hit and beat the victim without mercy
It was my very good friend that started to excite to action the others who were there. They started hitting me and saying they should call the brother who plays rugby - that he would deal with me properly; that he would hit me at the end of each day until I become normal. And that I should no longer live in the neighborhood.
As they hit me they shouted, "You can change, you can change." They were hitting me so I would change and would understand that I needed to be heterosexual. A crowd was being drawn in by the commotion and my good friend was telling them to hit me and beat me and not to listen to anyone [who said otherwise].
The beating resulted in swelling to the head and chest with bleeding. My mouth and lips are swollen because they stepped on me and jumped on me. They actually did call the rugby guy and a second guy in town. They lifted me up and threw me on the ground and then stepped on my head.
On lookers aid the victim; the perpetrators follow the victim to his home
Ladies near by started screaming, "They are going to kill this man." Some people starting saying, "Let him live." These people saved my life. Two men held back the guys who were attacking me, saying, "You have to stop this!" At that point I had a chance to get away and went to my home, locked the door, and went to my room. But they still came after me. They attempted to break the door in. Instead, they broke all the windows in the house. They told me they would return in the morning to destroy me.
A kind woman told me I should leave.
After the attack: hospital; lawyer; victim comments
The victim went to the hospital. At some point he contacted his Other Sheep East Africa Coordinator, Rev Michael Kimindu, formerly an Anglican priest, now ordained an MCC minister. At the hospital the victim was given a medical report which was presented to the police.
The victim expressed willingness to go public on any level at some time in the future in order to prevent further bashings of gays. "I won't fear coming out," he said, "because I don't want someone else to go through what I have gone through."
For his safety, the victim is staying in the home of a friend. A lawyer who has worked with Other Sheep in the past has been contacted.
Rev. Kimindu: "The church will not speak up for the gay person" - not even in the face of something like this
Rev. Michael Kimindu, in a phone conversation with Jose Ortiz on October 4, said, "The attackers were people that know the victim. They were from his home area. The attackers were not armed; they used their bear hands. The victim cannot open his mouth to take in food. He drinks with a straw."
Kimindu July 6 2007 at Makokha's ChurchRev. Kimindu (photo at left), commenting on the need for change in Kenya, said, "I'm telling you, the Kenyan church in general will not do anything for the safety of gay people. They will only bash them. According to the churches in Kenyan, when you are gay and getting beaten you are getting your reward - what you deserve. They look at us [gays and those who support gay rights] as sinners and when something goes wrong with us, they conclude that God must be punishing us. The church is against the gay person, so it will not speak up for them. Kenya must change so that there is safety and security for everyone."
The Victim
The victim, an active member of Other Sheep Kenya, is a gay Christian Kenyan adult male living in Kenya. The victim is a long standing member of a large and prominent mainline church in Kenya. He takes an active role in the weekly services of his church. The victim grew up in the parsonage. His father, now deceased, was a clergyman.
(According to one Kenyan minister who commented, it is very unlikely that the victim's present church will take notice of this attack if the members learn that he is gay.)
Here is what the victim reported:
The Attack - as reported by the victim in a phone conversation
A new "friend" who is not to be trusted
Not too long ago, a certain neighbor of mine - a fellow Kenyan - came to my home and introduced himself. He was very friendly and so we had talks together about life in general. With time, he told me he had a job working for an organization (which he named) that has health programs for the gay community. He said he wanted to understand "what is this thing about gays, and how does it work, and if there are any gays in Kenya." He told me that he was just beginning to hear about gay people and so he needed to understand more about it. I decided to open up to him and tell him I was gay. When I did, we had a long conversation. He asked me questions in a very nice manner.
Blackmail
Then things changed. He said he was trying to gather information to confirm that I was gay because there should not be any gays in society. He said he was going to take action. Then he started asking me if I had any money. He said he would tell someone in the neighborhood that I am gay - someone who would not take the information very kindly. If I wanted him to keep quiet about my orientation then I was to give him money. I thought, at first, he was joking. He said he studied criminology and could do what he said he would do.
Manipulated, threatened and forced to the home of a good friend who said he wanted to kill him
On the night of the beating, this same neighbor who had blackmailed me, came to my home and grabbed me and told me to come with him. He said he was taking me to see a certain friend of mine which he also knew. He named the friend and he was, indeed, a very good friend of mine. He said if I would not go with him he would start screaming to everyone nearby that I am gay and that I had tried to molest him. I said, "OK, if you want my friend to know, let's go." I didn't know if they had planned this out together, but I decided it would make things easier for me if I were to go. I felt that my good friend would take the time needed to understand me and accept me still as his friend. However, I was shocked by his reaction. He didn't want to listen to anything I had to say. He just said, "I knew he was gay. He should be killed. He should be destroyed. Don't let him say another word. Let's just hit him and let's make sure he is destroyed."
The neighbor who had grabbed me and forced me to my good friend's home said, "You accept that you are gay and that you should not be gay?" I tried to explain to them both that there is nothing wrong in being gay; that gay people are normal human beings; that gay people do no wrong to any one; that they need to be given the opportunity to explain what they go through, that is, the kind of stigmatization they experience in society.
But they would not listen to any of this.
There, at his home, my very good friend said, "I have a gun. We have to destroy him. I don't care if he is my best friend. He isn't anymore."
The victim attempts to verbally defend himself
I think my very good friend was homophobic all along, but he had no evidence that I was gay until this night when I admittedly told him I was gay. I told them they needed to understand. I told them that I have accepted myself as a gay man and that if I have done anything criminal then, instead of hitting me, they needed to call the police and write up a report against me. But they said, "No, we just have to hit you."
Other people join in to hit and beat the victim without mercy
It was my very good friend that started to excite to action the others who were there. They started hitting me and saying they should call the brother who plays rugby - that he would deal with me properly; that he would hit me at the end of each day until I become normal. And that I should no longer live in the neighborhood.
As they hit me they shouted, "You can change, you can change." They were hitting me so I would change and would understand that I needed to be heterosexual. A crowd was being drawn in by the commotion and my good friend was telling them to hit me and beat me and not to listen to anyone [who said otherwise].
The beating resulted in swelling to the head and chest with bleeding. My mouth and lips are swollen because they stepped on me and jumped on me. They actually did call the rugby guy and a second guy in town. They lifted me up and threw me on the ground and then stepped on my head.
On lookers aid the victim; the perpetrators follow the victim to his home
Ladies near by started screaming, "They are going to kill this man." Some people starting saying, "Let him live." These people saved my life. Two men held back the guys who were attacking me, saying, "You have to stop this!" At that point I had a chance to get away and went to my home, locked the door, and went to my room. But they still came after me. They attempted to break the door in. Instead, they broke all the windows in the house. They told me they would return in the morning to destroy me.
A kind woman told me I should leave.
After the attack: hospital; lawyer; victim comments
The victim went to the hospital. At some point he contacted his Other Sheep East Africa Coordinator, Rev Michael Kimindu, formerly an Anglican priest, now ordained an MCC minister. At the hospital the victim was given a medical report which was presented to the police.
The victim expressed willingness to go public on any level at some time in the future in order to prevent further bashings of gays. "I won't fear coming out," he said, "because I don't want someone else to go through what I have gone through."
For his safety, the victim is staying in the home of a friend. A lawyer who has worked with Other Sheep in the past has been contacted.
Rev. Kimindu: "The church will not speak up for the gay person" - not even in the face of something like this
Rev. Michael Kimindu, in a phone conversation with Jose Ortiz on October 4, said, "The attackers were people that know the victim. They were from his home area. The attackers were not armed; they used their bear hands. The victim cannot open his mouth to take in food. He drinks with a straw."
Kimindu July 6 2007 at Makokha's ChurchRev. Kimindu (photo at left), commenting on the need for change in Kenya, said, "I'm telling you, the Kenyan church in general will not do anything for the safety of gay people. They will only bash them. According to the churches in Kenyan, when you are gay and getting beaten you are getting your reward - what you deserve. They look at us [gays and those who support gay rights] as sinners and when something goes wrong with us, they conclude that God must be punishing us. The church is against the gay person, so it will not speak up for them. Kenya must change so that there is safety and security for everyone."
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