Wednesday, November 4, 2009
French government Opposes Anti-homosexuality Bill in Uganda
France expresses its vivid concern over the bill being discussed by the Ugandan parliament, that aims at reinforcing the existing legislation against homosexuality, including in some cases with provisions for the death penalty. France reminds of its engagement towards the decriminalisation of homosexuality and discriminations on the ground of sexual orientation and gender identity. It reiterates equally its ferm opposition to death penalty, in any case and under any circumstance. In this context, we call upon the relevant Ugandan authorities to backtrack on the dispositions of the bill criminalising homosexuality, as well as on the application of the death penalty that stands in opposition with their international engagements. France fully supports the actions of the Swedish Presidency in these directions
Letter to Hillary Clinton on Anti-Homosexuality Bill in Uganda
@ungrexx sf thB lilnitei Ftstps
lfliluxftingtun, B([ a[515
October 30,2009
The Honorable Hillary Rodham Clinton
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, D.C. 20520
Dear Madam Secretary:
We write to raise serious concerns about the "Anti-Homosexual Bill" introduced in
Uganda's parliament earlier this month. This egregious bill represents one of the most
extreme anti-equality measures ever proposed in any country and would create a legal
pretext for depriving lesbian, gay, bisexual, and transgender (LGBT) Ugandans of their
liberty, and even their lives. Particularly given the United States' substantial contribution
to Uganda through the President's Emergency Plan for AIDS Relief (PEPFAR), we
believe swift action is necessary to ensure Ugandan leaders understand this bill is wholly
unacceptable and antithetical to democratic values.
As you may know, the "Anti-Homosexual Bill" would increase the penalty for "same sex
sexual acts" to life in prison, limit the distribution of information on HIV through a
provision criminalizing the "promotion of homosexuality," and establish the crime of
"aggravated homosexuality" punishable by death for anyone in Uganda who is HIVpositive
and has consensual same-sex relations. Further, the bill includes a provision that
could lead to the imprisonment for up to three years of anyone who fails to report within
24 hours the identities of everyone they know who is lesbian, gay, bisexual, or
transgender, or who supports human rights for people who are, to the government.
Last year, PEPFAR spending in Uganda amounted to almost $300 million, representing
approximately 2.60/o of the total Ugandan economy. According to these estimates, the
U.S. spends approximately $12 dollars per person in Uganda through PEPFAR. Dr. Eric
Goosby, Ambassador atLarge and Global AIDS Coordinator, has made it clear that he
believes efforts to combat discrimination against LGBT individuals are an important part
of PEPFAR's mission to combat global HIV/AIDS. During his Senate confirmation
hearing in June, Dr. Goosby stated, "if confirmed, I look forward to working with field
and headquarters staff, Congress and others in the Administration to ensure that PEPFAR
effectively targets the most at-risk and vulnerable populations - including LGBT
populations - with culturally appropriate prevention, care and treatment interventions."
The "Anti-Homosexual Bill" would clearly impede Dr. Goosby and PEPFAR's goals by
seriously compromising effons to reach LGBT communities in Uganda. We believe it
would undermine the substantial U.S. contribution to Uganda through PEPFAR and raise
serious questions about the effectiveness of this global health investment.
PRINTED ON RECYCLED PAPER
Madame Secretary, we applaud your leadership on LGBT issues and steadfast
commitment to human rights. It is our fervent hope that you will use every means
possible to convey to Ugandan leaders that this bill is appalling, reckless, and should be
withdrawn immediately. We stand ready to work with you in addressing this matter and
look forward to your response. If you have any questions, please contact Amber Shipley of Rep. Baldwin's staff at 202-225-2906.
lfliluxftingtun, B([ a[515
October 30,2009
The Honorable Hillary Rodham Clinton
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, D.C. 20520
Dear Madam Secretary:
We write to raise serious concerns about the "Anti-Homosexual Bill" introduced in
Uganda's parliament earlier this month. This egregious bill represents one of the most
extreme anti-equality measures ever proposed in any country and would create a legal
pretext for depriving lesbian, gay, bisexual, and transgender (LGBT) Ugandans of their
liberty, and even their lives. Particularly given the United States' substantial contribution
to Uganda through the President's Emergency Plan for AIDS Relief (PEPFAR), we
believe swift action is necessary to ensure Ugandan leaders understand this bill is wholly
unacceptable and antithetical to democratic values.
As you may know, the "Anti-Homosexual Bill" would increase the penalty for "same sex
sexual acts" to life in prison, limit the distribution of information on HIV through a
provision criminalizing the "promotion of homosexuality," and establish the crime of
"aggravated homosexuality" punishable by death for anyone in Uganda who is HIVpositive
and has consensual same-sex relations. Further, the bill includes a provision that
could lead to the imprisonment for up to three years of anyone who fails to report within
24 hours the identities of everyone they know who is lesbian, gay, bisexual, or
transgender, or who supports human rights for people who are, to the government.
Last year, PEPFAR spending in Uganda amounted to almost $300 million, representing
approximately 2.60/o of the total Ugandan economy. According to these estimates, the
U.S. spends approximately $12 dollars per person in Uganda through PEPFAR. Dr. Eric
Goosby, Ambassador atLarge and Global AIDS Coordinator, has made it clear that he
believes efforts to combat discrimination against LGBT individuals are an important part
of PEPFAR's mission to combat global HIV/AIDS. During his Senate confirmation
hearing in June, Dr. Goosby stated, "if confirmed, I look forward to working with field
and headquarters staff, Congress and others in the Administration to ensure that PEPFAR
effectively targets the most at-risk and vulnerable populations - including LGBT
populations - with culturally appropriate prevention, care and treatment interventions."
The "Anti-Homosexual Bill" would clearly impede Dr. Goosby and PEPFAR's goals by
seriously compromising effons to reach LGBT communities in Uganda. We believe it
would undermine the substantial U.S. contribution to Uganda through PEPFAR and raise
serious questions about the effectiveness of this global health investment.
PRINTED ON RECYCLED PAPER
Madame Secretary, we applaud your leadership on LGBT issues and steadfast
commitment to human rights. It is our fervent hope that you will use every means
possible to convey to Ugandan leaders that this bill is appalling, reckless, and should be
withdrawn immediately. We stand ready to work with you in addressing this matter and
look forward to your response. If you have any questions, please contact Amber Shipley of Rep. Baldwin's staff at 202-225-2906.
PROTEST AT THE UGANDA DIPLOMATIC MISSION IN YOUR COUNTRY
ACTION UGANDA--A MATTER OF LIFE OR DEATH
**A CALL TO ACTION**
DENOUNCE THE ANTI-HOMOSEXUALITY BILL IN THE PARLIAMENT OF UGANDA.
PROTEST AT THE UGANDA DIPLOMATIC MISSION IN YOUR COUNTRY
Dear Partners, Allies and Friends,
As you already know, the "Anti-Homosexuality Bill 2009." was recently
tabled before the Parliament of Uganda. The Bill's provisions are
draconian and among them are;
• Any person alleged to be homosexual would be at risk of life
imprisonment or in some circumstances the death penalty;
• Any parent who does not denounce their lesbian daughter or gay son to
the authorities would face fines of $ 2,650.00 or three years in prison;
• Any teacher who does not report a lesbian or gay pupil to the
authorities within 24 hours would face the same penalties;
• And any landlord or landlady who happens to give housing to a suspected
homosexual would risk 7 years of imprisonment.
• Similarly, the Bill threatens to punish or ruin the reputation of anyone
who works with the gay or lesbian population, such as medical doctors
working on HIV/AIDS, civil society leaders active in the fields of sexual
and reproductive health, hence further undermining public health efforts
to combat the spread of HIV;
• All of the offences covered by the Bill as drafted can be applied to a
Ugandan citizen who allegedly commits them - even outside Uganda!
The existing law has already been employed in an arbitrary way, and the
Bill will just exacerbate that effect. There is a continued increase in
campaigns of violence and unwarranted arrests of homosexuals. There are
eight ongoing cases in various courts. Four accused persons are unable to
meet the harsh bail conditions set against them. As a result, Brian Pande
died in Mbale Hospital on 13th September, 2009 as he awaited trial.
Sexual Minorities Uganda (SMUG) calls upon you our partner, ally and/or
friend to action. Denounce this bill through a protest at a Ugandan
Diplomatic Mission in your country on November 9th 2009, where applicable.
Urge the Government of Uganda to reject this Bill in its entirety.
For your reference, please find attached two press statements released by
SMUG and Ugandan Civil Society as well as a copy of the bill that was
tabled in parliament.
Thank you for standing in solidarity with the Uganda LGBTI community.
Sexual Minorities Uganda (SMUG)
Icebreakers Uganda
25 other NGOs have united against the bill in Uganda:-
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)
**A CALL TO ACTION**
DENOUNCE THE ANTI-HOMOSEXUALITY BILL IN THE PARLIAMENT OF UGANDA.
PROTEST AT THE UGANDA DIPLOMATIC MISSION IN YOUR COUNTRY
Dear Partners, Allies and Friends,
As you already know, the "Anti-Homosexuality Bill 2009." was recently
tabled before the Parliament of Uganda. The Bill's provisions are
draconian and among them are;
• Any person alleged to be homosexual would be at risk of life
imprisonment or in some circumstances the death penalty;
• Any parent who does not denounce their lesbian daughter or gay son to
the authorities would face fines of $ 2,650.00 or three years in prison;
• Any teacher who does not report a lesbian or gay pupil to the
authorities within 24 hours would face the same penalties;
• And any landlord or landlady who happens to give housing to a suspected
homosexual would risk 7 years of imprisonment.
• Similarly, the Bill threatens to punish or ruin the reputation of anyone
who works with the gay or lesbian population, such as medical doctors
working on HIV/AIDS, civil society leaders active in the fields of sexual
and reproductive health, hence further undermining public health efforts
to combat the spread of HIV;
• All of the offences covered by the Bill as drafted can be applied to a
Ugandan citizen who allegedly commits them - even outside Uganda!
The existing law has already been employed in an arbitrary way, and the
Bill will just exacerbate that effect. There is a continued increase in
campaigns of violence and unwarranted arrests of homosexuals. There are
eight ongoing cases in various courts. Four accused persons are unable to
meet the harsh bail conditions set against them. As a result, Brian Pande
died in Mbale Hospital on 13th September, 2009 as he awaited trial.
Sexual Minorities Uganda (SMUG) calls upon you our partner, ally and/or
friend to action. Denounce this bill through a protest at a Ugandan
Diplomatic Mission in your country on November 9th 2009, where applicable.
Urge the Government of Uganda to reject this Bill in its entirety.
For your reference, please find attached two press statements released by
SMUG and Ugandan Civil Society as well as a copy of the bill that was
tabled in parliament.
Thank you for standing in solidarity with the Uganda LGBTI community.
Sexual Minorities Uganda (SMUG)
Icebreakers Uganda
25 other NGOs have united against the bill in Uganda:-
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, November 3, 2009
Why Ugandan anti-gay Bill should worry us
Sylvia Tamale
Given the various views that have accompanied the release of the ‘Bahati Bill’ on homosexuality, it is necessary to soberly assess what the Bill is really about. It is questionable how many of those that support the Bill have actually examined it beyond the words “anti-homosexuality.” In many respects we are like wood cutters standing at the edge of the woods, only seeing individual trees and not the forest (the bigger picture). But even those of us that vehemently oppose homosexuality should be asking ourselves a number of questions: Why bring a new law when homosexuality is already criminalised under existing ones? How will the Bill affect me personally?
The fact is that out of the 18 clauses that make up this Bill, only six introduce new legal provisions, two of which are minor. The other 12 simply repeat what already exists on the law books. Most significant is the fact that the provisions of the other four substantive new clauses blatantly violate Uganda’s Constitution and many other regional and international instruments. And for those who think that the Bill is only directed against ‘the homosexuals,’ they should look again.
Homosexuality is already an offence under the Penal Code of Uganda as is same-sex marriage, which is prohibited by the Constitution. The Bill expands the meaning of the Penal Code offence of having “carnal knowledge against the order of nature” and defines the term “homosexuality” in such a broad fashion as to include “touching another person with the intention of committing the act of homosexuality.” This is a provision highly prone to abuse and puts all citizens at great risk. Such a provision would make it very easy for a person to bring false accusations against their enemies simply to “destroy” their reputations. Just ask Pastor Kayanja!
The offence of “aggravated homosexuality” is a duplication of the Penal Code provision on “aggravated defilement.” It is therefore superfluous and redundant in the ‘Bahati Bill’. Additionally, the provisions on attempt to commit, aiding and abetting, conspiracy to commit, using threats, detention with intent to commit, and keeping brothels, are all detailed in the current Penal Code. Many of us say, “Those homosexuals should be dealt with in the harshest terms possible.” Others ask the question: “Why should I lift a finger about this Bill that does not concern me?” Actually it concerns us all.
The Bill introduces several new substantive provisions. First is “Promotion of Homosexuality.” That clause introduces widespread censorship and undermines fundamental freedoms such as the rights to free speech, expression, association and assembly. Under this provision an unscrupulous person aspiring to unseat an MP can easily send the incumbent MP unsolicited material via e-mail or text messaging, implicating the latter as one “promoting homosexuality.” After being framed in that way, it will be very difficult for the victim to shake free of the “stigma.”
Secondly, by criminalising the “funding and sponsoring of homosexuality and related activities,” the Bill deals a major blow to Uganda’s public health policies and efforts. Take for example, the Most At Risk Populations’ Initiative introduced by the Ministry of Health in 2008, which targets specific populations to curb the HIV/Aids scourge. If this Bill becomes law, health practitioners as well as those that have put money into this exemplary initiative will automatically be liable to imprisonment for seven years!
The third concept the Bill introduces is the “Failure to Disclose the Offence.” Under this provision any person in authority (including parents) is obliged to report a homosexual to the relevant authorities within 24 hours of acquiring such knowledge. So a mother who is trying to come to terms with her child’s sexual orientation may be dragged to police cells for not turning in her child to the authorities.
Another new provision relates to extra-territorial jurisdiction, which basically confers authority on Ugandan law enforcers to arrest and charge a Ugandan citizen or permanent resident who engages in homosexual activities outside the borders of Uganda. The Penal Code already provides for crimes that call for extra-territoriality. These are limited to treason, terrorism and war mongering.
It is important to note that serious offences such as murder, rape or grievous bodily harm do not invoke extra-territorial jurisdiction in our laws.
Are the drafters of this Bill suggesting that sex between consenting adults is worse than murder? And how exactly will they enforce this provision? Is the government going to storm the bedrooms of consenting adults, or deploy spies to follow them when they travel abroad in order to establish who they have slept with and how they did it? What about our constitutional right to privacy? This Bill carries hidden venom that is bound to spread beyond persons that engage in homosexuality.
Hence the term “homosexuality” in the title of the Bill should not blind our eyes to its wider implications. Those sitting back and thinking, “Get them Bahati!” may be shocked one day when it is them that this law throws in jail.
Perhaps the most shocking aspect of this Bill is the one requiring Uganda to opt out of any international treaty that we have previously ratified which goes against the spirit of the Bill. The drafters of the Bill should know that under international law, Uganda cannot unilaterally negate or declare a withdrawal from its international treaty obligations. Moreover, it is completely unconstitutional and illegal for Parliament to usurp the powers of the President regarding the ratification of international treaties.
Politicians find that homosexuals are a great scapegoat or red herring to divert attention to more pressing issues that affect the ordinary Ugandan such as unemployment, corruption, poor health facilities, reform of electoral laws and so forth. If we are to be absolutely honest with ourselves, we should ask whether there are not more pressing issues of moral violation in other areas such as domestic violence, torture and corruption. None of these areas have specific laws outlawing their practice. That is where the likes of Hon. Bahati should expend their energies.
Ms Tamale is a Makerere University Law don
Given the various views that have accompanied the release of the ‘Bahati Bill’ on homosexuality, it is necessary to soberly assess what the Bill is really about. It is questionable how many of those that support the Bill have actually examined it beyond the words “anti-homosexuality.” In many respects we are like wood cutters standing at the edge of the woods, only seeing individual trees and not the forest (the bigger picture). But even those of us that vehemently oppose homosexuality should be asking ourselves a number of questions: Why bring a new law when homosexuality is already criminalised under existing ones? How will the Bill affect me personally?
The fact is that out of the 18 clauses that make up this Bill, only six introduce new legal provisions, two of which are minor. The other 12 simply repeat what already exists on the law books. Most significant is the fact that the provisions of the other four substantive new clauses blatantly violate Uganda’s Constitution and many other regional and international instruments. And for those who think that the Bill is only directed against ‘the homosexuals,’ they should look again.
Homosexuality is already an offence under the Penal Code of Uganda as is same-sex marriage, which is prohibited by the Constitution. The Bill expands the meaning of the Penal Code offence of having “carnal knowledge against the order of nature” and defines the term “homosexuality” in such a broad fashion as to include “touching another person with the intention of committing the act of homosexuality.” This is a provision highly prone to abuse and puts all citizens at great risk. Such a provision would make it very easy for a person to bring false accusations against their enemies simply to “destroy” their reputations. Just ask Pastor Kayanja!
The offence of “aggravated homosexuality” is a duplication of the Penal Code provision on “aggravated defilement.” It is therefore superfluous and redundant in the ‘Bahati Bill’. Additionally, the provisions on attempt to commit, aiding and abetting, conspiracy to commit, using threats, detention with intent to commit, and keeping brothels, are all detailed in the current Penal Code. Many of us say, “Those homosexuals should be dealt with in the harshest terms possible.” Others ask the question: “Why should I lift a finger about this Bill that does not concern me?” Actually it concerns us all.
The Bill introduces several new substantive provisions. First is “Promotion of Homosexuality.” That clause introduces widespread censorship and undermines fundamental freedoms such as the rights to free speech, expression, association and assembly. Under this provision an unscrupulous person aspiring to unseat an MP can easily send the incumbent MP unsolicited material via e-mail or text messaging, implicating the latter as one “promoting homosexuality.” After being framed in that way, it will be very difficult for the victim to shake free of the “stigma.”
Secondly, by criminalising the “funding and sponsoring of homosexuality and related activities,” the Bill deals a major blow to Uganda’s public health policies and efforts. Take for example, the Most At Risk Populations’ Initiative introduced by the Ministry of Health in 2008, which targets specific populations to curb the HIV/Aids scourge. If this Bill becomes law, health practitioners as well as those that have put money into this exemplary initiative will automatically be liable to imprisonment for seven years!
The third concept the Bill introduces is the “Failure to Disclose the Offence.” Under this provision any person in authority (including parents) is obliged to report a homosexual to the relevant authorities within 24 hours of acquiring such knowledge. So a mother who is trying to come to terms with her child’s sexual orientation may be dragged to police cells for not turning in her child to the authorities.
Another new provision relates to extra-territorial jurisdiction, which basically confers authority on Ugandan law enforcers to arrest and charge a Ugandan citizen or permanent resident who engages in homosexual activities outside the borders of Uganda. The Penal Code already provides for crimes that call for extra-territoriality. These are limited to treason, terrorism and war mongering.
It is important to note that serious offences such as murder, rape or grievous bodily harm do not invoke extra-territorial jurisdiction in our laws.
Are the drafters of this Bill suggesting that sex between consenting adults is worse than murder? And how exactly will they enforce this provision? Is the government going to storm the bedrooms of consenting adults, or deploy spies to follow them when they travel abroad in order to establish who they have slept with and how they did it? What about our constitutional right to privacy? This Bill carries hidden venom that is bound to spread beyond persons that engage in homosexuality.
Hence the term “homosexuality” in the title of the Bill should not blind our eyes to its wider implications. Those sitting back and thinking, “Get them Bahati!” may be shocked one day when it is them that this law throws in jail.
Perhaps the most shocking aspect of this Bill is the one requiring Uganda to opt out of any international treaty that we have previously ratified which goes against the spirit of the Bill. The drafters of the Bill should know that under international law, Uganda cannot unilaterally negate or declare a withdrawal from its international treaty obligations. Moreover, it is completely unconstitutional and illegal for Parliament to usurp the powers of the President regarding the ratification of international treaties.
Politicians find that homosexuals are a great scapegoat or red herring to divert attention to more pressing issues that affect the ordinary Ugandan such as unemployment, corruption, poor health facilities, reform of electoral laws and so forth. If we are to be absolutely honest with ourselves, we should ask whether there are not more pressing issues of moral violation in other areas such as domestic violence, torture and corruption. None of these areas have specific laws outlawing their practice. That is where the likes of Hon. Bahati should expend their energies.
Ms Tamale is a Makerere University Law don
Monday, November 2, 2009
Another meeting on the Ugandan anti-gay bill
Meeting presided over by: Menhya Simon Gerald, Chairman of Presidential Affairs Committee
Meeting subject: Anti-homosexuality bill
Date: October 28, 2009
Note-taker: Soo-Ryun Kwon
Menhya Simon Gerald: Our distinguished religious leaders, ladies, and gentlemen, today is a special day in the history of this Parliament, that the Committee for Presidential Affairs interfaces with various religious leaders in this country. In the African culture, we introduce ourselves so we know who we are. I want to invite Dr. Kakembo, the Archbishop of 7th Day Adventist Church to lead us in prayer.
Archbishop Dr. John Kakembo: Our father, we’ve gathered to discuss sensitive issues regarding our ministries. Life has become complicated because of sin and we want you to guide us to solutions that will be effective in dealing with homosexuality. Amen.
Introductions of Members of Parliament (MPs)
• Grace Oburu, MP, Vice-Chairperson of Presidential Affairs Committee, NRM
• David Bahati, MP from Kabale. NRM, drafted the bill.
• Godfrey ????, works for Presidential Affairs committee.
• Kaahwa Erisa Ammoti, member of Presidential Affairs Committee, member of NRM.
• Peruperu, member of Presidential Affairs Committee, UPC.
• Kitatawema, MP, NRM
• Kagene, representing people from Daka, member of Presidential Affairs Committee
• Aol Betty Ocan, Gulu, member of Presidential Affairs Committee, FDC
• Benson Obua Ogwal, not member of Presidential Affairs Committee, but interested in this topic. Lira, UPC. Worked with Bahati on the bill.
• Susan Katulu, lawyer with Parliament
• Florence Ochieng, participated in the drafting of the bill
Invited guests
• John Kakembo, Archbishop of 7th Day Adventist Church
• Dr. Joseph Serawga, Leader of Born Again Churches
• Peter Matofu, Reverend Father of Uganda ??? Church, retired professor from Makerere University, now at Nkumba University. Been around since NRM started struggle. Chairperson for Kampala Veterans’ Association. I thank you for remembering your colleagues. I’m also representing the Metropolitan Orthodox Church of Kampala, since he’s not around. My profession warrants me to discuss this. I’m 69 years old.
• Rev. Canon Mwesigye from Church of Uganda
• Pastor Okumu Godfrey from ???. Came to represent ??? who’s out of the country
• Mohammad Ali, representing his eminency the Mufti of Uganda
Menhya: This is a bill that has been offered by Bahati and his colleague Obua. It’s an important bill given the level of sexuality in this country, and we thought as Parliament we need legislation that will help curb this vice. I’d want to request Bahati to take us through the bill in terms of highlighting the objectives of the bill and some salient issues.
Bahati: We want to state that on 29th of April, myself and Benson Obua from UPC moved to intro a private member’s bill entitled Anti-Homosexuality Bill of 2009. It came to house for first reading 14 October. It came from 2 principles: massive recruitment of young people, especially in schools, into homosexuality behavior. It’s not a human rights, it’s a bad habit, and if we don’t act now, provide for preventative measures, then our country will sooner or later be in trouble. We’ve seen a lot of attacks, especially from international civil society and it’s because not for any reason, but there are issues of accountability for funding and receiving. More about funding. It’s not a human right, we believe, because scientific research has indicated that first, on HIV/AIDS--males involved and females involved in homosexuality are prone to getting HIV/AIDS more than ordinary person, 3 times more prone. Person engaging in homosexuality has reduced life expectancy of 20 years. As males participate in homosexuality, over 6 years, they spoil their organs and in some cases are forced to put on nappies as children. This is behavior that can’t go on. It’s silent and creeping around in our society. We have information that NGOs are being financed to promote this and existing legal framework, The Penal Code Act mentions “unnatural offences,” but given magnitude of problem, we can’t just leave it to “unnatural behavior.” It’s not comprehensive or explicit. Constitution prohibits same-sex marriage. Why aren’t people fighting that in our constitution? They want to engage in homosexuality but don’t want to get married. Why are they adopting children? There’s an evil creeping into our society, and they want to defend the homosexual family. The best output of family is when it’s between man and woman.
Benson: Thank you very much. As I said earlier, I’m fully behind this bill as a co-sponsor and I won’t be deterred by any threats. Bahati has been receiving many threats to his life. I haven’t received any yet but that’s not going to deter us. For obvious reasons. We strongly feel that homosexuality is unnatural, and every faith in this country testifies to this and it’s against all common sense. Anyone trying to defend it has something wrong with them. It’s causing destruction to this country, and we need to stem it. Permit me to say we shouldn’t we be deterred from pressure from wherever. We know there are powerful international NGOs and some from the international community don’t want this to go through. The Commonwealth is trying to make sure that this strange culture is entrenched around the globe. We have a fear that if we move ahead to pass, then the international community will deny Uganda aid. This is some of the tactics being used. We can do without aid as long as Uganda is morally upright. So those kinds of things shouldn’t deter us. Others argue that if passed in present form, it threatens the lives of almost everyone. This is a big lie. This bill targets defenders and anyone who works to promote homosexuality, but it doesn’t endanger human beings or Ugandans in general. I dare say the whole world is watching Uganda As you heard in BBC and newspapers, 2 Kenyan men decided to marry in London and it’s causing a furor in Kenya. And now they’re demanding that right be entrenched in Kenyan constitution. What we’ll do in this bill will help the region determine what we need to do as Africans. Uganda will be leader in fight against homosexuality.
Bahati: So as Benson said, we’re not engaged in a hate campaign. We’re not--We’re engaged in protection of the natural family. Object of bill is to protect the traditional family by prohibiting any sexual relations between people of same sex, and without any govt support of Uganda. Some things in the penal code act (PCA) and constitution are involved. We want to consolidate all these laws into 1 comprehensive law. We want to protect the traditional family. There are defects in PCA. There’s mention of unnatural behavior but it’s hard to define. Given magnitude of the problem, we should make it comprehensive and clear in one piece of legislation. We’re not trying to repeal; we want to strengthen PCA and fulfill const provision against same-sex marriage. To provide that marriage is that that exists only between man and woman, and also penalize homosexuality as a behavior. We’re providing that our nation can’t ratify international conventions that contravene this act. There’s strong group at UN to make UN recognize sexual minorities as minorities with rights. We’re against that. We’re also providing what’s missing in laws—currently, there’s nothing that prohibits NGOs from promoting homosexuality. UNICEF printed a book translated into different languages, distributed in all schools in Uganda, saying homosexuality is normal and encouraging young children to participate in it. We want to prohibit that. There are few objectives, but they’re important. There’s a lot of recruitment. Everyday I receive calls from children in a number of schools telling me this is happening. Bill has close to 5 parts, as members will see, clearly talking about different offences. Also, I don’t think I need to go through interpretation of the bill. In terms of offences, we’re providing that a person who commits an offence of homosexuality faces imprisonment for life. We want to define, because there are a number of definitions. “Gay” means a male who engages or attempts to engage in same gender sexual activity. “Lesbian” means a female who does the same. “Sexual act” we’re going to expand to include physical activity that doesn’t culminate in intercourse but also can include touching of breasts and those organs. So that’s the definition. Why? Because it includes touching and engaging in those things. In terms of offence, we’re saying a person commits an offence if a person penetrates the anus or mouth with his penis or any other contraption. So again here, we expand to include the anus, the mouth, because these are some of the tactics they use to engage in homosexuality. Clause 3 is what has brought a lot of controversy and criticism of this bill. To create an impression that we’re saying all acts of homosexuality are punishable by death. That’s not true. If someone engages with a minor, has HIV/AIDS, or with person with disability, then a person is punished with death. We’re not punishing all acts of homosexuality with death. Clause 4 talks about attempt to commit. Clause 5 looks at protection, payment to victims of homosexuality. There are young children forced into homosexuality, and there should be a provision of compensation. Religious leaders can provide counseling for these victims. Children are being lured into this creeping evil. Not because they enjoy it but because of poverty and they’re being coerced. A victim of that nature should be compensated. Brothels are places where there’s selling of homosexuality. Clause 13 – there are a number of things that can be promotion, including electronics like TV and radio. There’s also nullification of international treaties that promote homosexuality. This bill can go a long way in fighting scourge of homosexuality.
Menhya: We have a series of these meetings. Today we meet religious leaders. November 10th, another, November 11th, another group. We have a lot of consultations. We want views in this bill so that there’s value addition. Church of Uganda, can you submit your views in regard to this bill?
Rev. Canon Mwesigye: We got this letter yesterday and wanted to give it more time. Uganda Joint Christian Council (UJCC) links Christian fraternity. I asked the Secretary-General of UJCC to put in his input since you want stakeholders’ responses. (UJCC coming on November 10th to Parliament). Church of Uganda has taken an upper hand in fighting homosexuality since 2004. Church wrote paper against homosexuality in 2005, and Uganda in particular, this paper is there. If you want it, the Church of Uganda has this position paper. In June 2008, Church took 105 people to Israel to participate in Global Conference discussing way forward with Homosexuality. We participated and we have another position paper. I’d like to say that this is a timely and important law that is consistent with const, the law of the land, as far as the bill’s provisions are concerned. Article 31(2)(a) of the Constitution is the starting point against homosexuality. We want to enforce that. And the Church of Uganda asks whether people who designed this law – are human rights absolute? People may use the basis of human rights to fight their cause, so are they absolute? On interpretation of the bill, we said that the word authority should include military and cultural. Cultural element in Uganda is pronounced, and so is military. These are huge institutions in our country. Culture means more than social and military means more than political. The word disability – suppose you have only 1 eye? Aren’t you disabled? Then you need to go further. The word victim, there must be provisions for secondary victims, like spouse and children. When a man is involved and he becomes a victim, this victim might affect his dependents, as far as compensation is concerned. Is death a form of punishment? Is it intended to help someone to improve? Or to destroy him? I’d like to point out that the legal system in Uganda is imperfect. I’m not a lawyer, but there’ve been cases of people convicted and murdered and later evidence comes to light that they’re innocent. How to compensate? We therefore propose a different form of punishment than death. The provisions related to death penalty can prevent this bill from being passed. The scope of the law – extra territorial jurisdiction. We need to limit ourselves to Uganda. Why? Because our constitution is clear on protocols, agreements, and ratifications. It’s not cost-effective, not easy to get evidence [outside Uganda]. Let us limit ourselves to Uganda because we know we’re protected by our constitution. We must refer to Bible. Leviticus, Old Testament is a lot like Koran. Leviticus 18:22 and constitution and PCA, and the natural law of justice to guide us. I didn’t emphasize that any instrument or organization that promotes homosexuality must be dealt with accordingly, and we need to – they should be prohibited and dealt with.
Menhya: James Sabutoro, Minister of Ethics is here.
Dr. Kakembo: Before the religious leader comes in, as a non-member of this committee, I request Hon Minister to say one word. We can’t talk about this without hearing his voice.
Menhya: This is a democratic country.
Sabutoro: This is a historic day and one I want to see as determining our credibility as a nation among other nations, so when you’ve accepted invitation from chair, I want to say thank you. So we are part of what is going on now. I want to appreciate Benson and Mahati for championing this bill before us. It’s causing a lot of discomfort around the world, and it’s interesting to see the world paying attention to Uganda. Uganda is providing leadership where it matters most. We won’t give into any pressure, and I want to have that as our guiding spirit. We desire to see legislation that defines what the country stands for and actually provide leadership around the world. This is a matter of fundamental importance and will give Uganda a place of honor among nations around the world that are civilized. We’re determined to not give into any pressure. Our reputation as a nation is to be cherished more than anything else. Nothing will sway our determination to do what is right. Anal sex is not something anyone should grant creditable consideration. We believe it’s a danger to human civilization, and Ugandans are decent people. The committee under Bahati has come up with this legislation; we’re delighted, and I can’t wait to see this become law. Committee, the country is looking to you. We don’t want to see demonstrations on street. Keep pressing, and the sooner it’s on our books, the better. I thank religious leaders for coming. In our religious camps, some have come under influence that anal sex is something we should recommend to our children. We can’t be swayed by those, but I’m happy the leadership of the church is clear-minded about what it believes. I want to lend our entire support.
Menhya: Thank you for those remarks and your determination to stamp out this terrible vice. At this time I want to invite Kakembo to give his remarks.
Kakembo: The 7th Day Adventist Church representatives meet once a year and every five years pass important resolutions. In 1999, we sent representatives from all over the world and came up with a position paper on this issue of homosexuality. I’ll give you a copy. The Church recognizes every human is valuable, and we seek to minister to all men and women and by God’s grace through encouragement of faith, an individual may live in harmony with God’s word. That exists only in marital relationship between man and woman. Scriptures declare that a man will become one flesh with women. 7th Day Adventists don’t recognize homosexual unions. Foreigners running a gymnastic company victimized young boys and I was almost a victim. Thank god I escaped. The actions of these people are predatory, and most victims never say a word but they suffer from childhood until adulthood. I want to take a deeper analysis. In notes, I highlighted some which are of concern: That is the death penalty. Is this deterrence? I didn’t feel comfortable about it, but since he’s mentioned it, I think it should be discussed. I like the clause [on compensation for victims that the ] court may, in addition to the sentence—it should be “shall”—the victims one of the effects on victims is their inability to come out. There’s shame, fear of rejection. Some compensation may not correct the problem, but compensation MUST be given. Victims are not only the children, but also parents. I’ve heard of gang rapes in schools. I’ve heard of 2. If there’s legislation against rapes--and lastly, there’s been a claim by some propagators—why not deal with people who commit adultery in the same way? Yes, it’s against the law of God, but people do [adultery] in secret, but they don’t come out and claim civil rights. They do it secretly, and when they’re found out, they suffer for it.
Mufti’s representative: I want to convey the thanks of the Mufti. We were involved since the MP started this. We were invited to the MP’s office when this matter was tabled, and we’re glad to learn we’re somewhere now by having this draft with us. First of all, we want to note that this draft is left to be misrepresented at times, and it creates a number of anomalies in our communities and societies. The press published drafts. But much of this was misrepresentation, and there was no response from the concerned. I wish that the effort must be consistent because the movement tackled is very consistent and invests quite a lot in seeing that their mission succeeds. We want to deal with issues of penalties and so forth, but we still have time to do that. In Islam, homosexuality is considered sinful. It’s a profound mistake. Humans are not homosexual by nature, as people allege, but become so because of their environments, particularly during puberty. Suggestions, ideas, and strange dreams. They are strongly reinforced. Human instincts can be subjected to acts of will. Humans can entertain their thoughts. Muslims identify and defend any groups who are discriminated against because of our foundational values. Where we abhor acts of discrimination against groups; we also highly value the right of desertion [dissension?] and the rights of individuals to act. There’s a balance between groups and individuals. No one has right to spy into the rights of private individuals, even if they get to be incidentally known. They should be kept private. We’re behind protection of natural family as a durable, proven, and most important nucleus of any society. There’s continued struggle to balance individual rights and societal well-being. We put a higher value on social well-being. Therefore we resist and ensure our values against an onslaught. It should never be aggression, but a firm and principled stand against counter-values. We have indeed a duty to provide wisdom and values that will advance humanity. We as Muslims have divine guidance from Koran, and it reminds us what Allah said—unless we put in effort, there will never be change. 13:11. We have a duty and a responsibility to not only make an effort to arrest this trend, but also to promote divine values with zeal. Homosexuality is a global movement and it has international influences. We must prepare for this. If we don’t act on our part, God will do it. The practice is evil and ought to be stopped immediately.
Professor Peter Matofu: When the archbishop received the invitation, he invited me and said this is your area because we’ve always discussed. In 1963, I was a victim. There was a Ugandan man, working at the U.S. Embassy who befriended me. I was a small man. I didn’t have an idea of befriending a woman. This fellow said, “Let’s go.” I needed money. I was desperate for school fees. He took me to his house in Naguru. He started doing things. Now people came, he came out, took his vehicle. He was a proud man. I didn’t know what he wanted from me until one of his houseboys came and told me that I escaped, that the man was a homosexual. I didn’t know what it meant. Does that mean he’s going to beat me? I didn’t know what it meant. In 1969, I went to America. I was at Princeton University in NJ, and one of my renowned professors wanted us to go and do practicals in psychopathology based on sexual deviation. We were 4 Ugandans, and he told us to first test. Of what? Homosexuality? We said, “We’re Africans; we don’t do homosexuality.” He said to do it or we wouldn’t pass the course. We said we’d ask the university for money for tickets to go back home. We put this case before the University President and he rescued us. When we went to NY, we were 4 Ugandans, and we pretended we knew how they were behaving and dressing. We were forced to wear trousers. We were touching, touching. In 1969, we escaped death because these homosexuals are dangerous people. They’ll see that you’re not, and they know you’re pretending and then they can knife or gun you. These people have their special groups from abroad. I agree with my colleagues. Genesis 2:18-25. Mark 10:8, 1 Corinthians 6:16, Ephesians 5:1, Matthew 19:5. They concern the use and mis-use of the shelter of God. The bill – on p. 3, they talk of other related matters. I’d like you to enumerate those, such as exhibitionism, when somebody is not interested in a woman, but is interested in looking at the vagina when it is there open, and he feels sexually satisfied; the second is voyeurism, when someone uses an instrument, especially the knickers and shoes of women, and use it like this, stand, smell, and smelling the knicker, any type of knicker, unwashed, the best way is unwashed, or a shoe, any female shoe, this is called voyeurism; another is fetishism, and this is exactly when anything related to what is preferred, and when it’s a man, it’s a homosexual, then they can use that instrument. I don’t know what it is about the feet, but a homosexual will use a male shoe. A lesbian will use a female’s shoes. There is tranvestisism. Be very careful. This kind of transvestisism is both for normal and unnormal people. Normal people—it’s a defence mechanism, a beloved object. Boys were stealing dresses from young girls and he keeps it in his room, he opens it and looks at it, that’s a kind of transvestisism, even photographs, some young men and women have photos, and look at the photos in a special way until they reach a climax. That’s transvestisim. Then we have sado-mashochism. It’s very dangerous, and when I teach my students, I tell them to be very careful when playing sex. The cries of women, this affects children, and children will want people having that kind of cry, between mother and father, and they’ll imitate it. On top of homosexuality, there are others. They need to be included. Let us go now to the text. The text on others I’ve completed. On the same page, where it’s stated, where someone exercises “religious, political,” but you’ve left out academicians. If you brought Professor Ofuga on your committee or Dr. Musisi, he’s also a psychiatrist. If you brought me, I’d contribute as an academic. Page 4, when we discuss homosexuality here, the language is very, very general. We need to use a real language to show that people who are practicing homosexuality are mentally sick. They’re not stylists. They’re mentally sick, and they need real psychotherapeutic approach. We need to re-phrase.
Meeting subject: Anti-homosexuality bill
Date: October 28, 2009
Note-taker: Soo-Ryun Kwon
Menhya Simon Gerald: Our distinguished religious leaders, ladies, and gentlemen, today is a special day in the history of this Parliament, that the Committee for Presidential Affairs interfaces with various religious leaders in this country. In the African culture, we introduce ourselves so we know who we are. I want to invite Dr. Kakembo, the Archbishop of 7th Day Adventist Church to lead us in prayer.
Archbishop Dr. John Kakembo: Our father, we’ve gathered to discuss sensitive issues regarding our ministries. Life has become complicated because of sin and we want you to guide us to solutions that will be effective in dealing with homosexuality. Amen.
Introductions of Members of Parliament (MPs)
• Grace Oburu, MP, Vice-Chairperson of Presidential Affairs Committee, NRM
• David Bahati, MP from Kabale. NRM, drafted the bill.
• Godfrey ????, works for Presidential Affairs committee.
• Kaahwa Erisa Ammoti, member of Presidential Affairs Committee, member of NRM.
• Peruperu, member of Presidential Affairs Committee, UPC.
• Kitatawema, MP, NRM
• Kagene, representing people from Daka, member of Presidential Affairs Committee
• Aol Betty Ocan, Gulu, member of Presidential Affairs Committee, FDC
• Benson Obua Ogwal, not member of Presidential Affairs Committee, but interested in this topic. Lira, UPC. Worked with Bahati on the bill.
• Susan Katulu, lawyer with Parliament
• Florence Ochieng, participated in the drafting of the bill
Invited guests
• John Kakembo, Archbishop of 7th Day Adventist Church
• Dr. Joseph Serawga, Leader of Born Again Churches
• Peter Matofu, Reverend Father of Uganda ??? Church, retired professor from Makerere University, now at Nkumba University. Been around since NRM started struggle. Chairperson for Kampala Veterans’ Association. I thank you for remembering your colleagues. I’m also representing the Metropolitan Orthodox Church of Kampala, since he’s not around. My profession warrants me to discuss this. I’m 69 years old.
• Rev. Canon Mwesigye from Church of Uganda
• Pastor Okumu Godfrey from ???. Came to represent ??? who’s out of the country
• Mohammad Ali, representing his eminency the Mufti of Uganda
Menhya: This is a bill that has been offered by Bahati and his colleague Obua. It’s an important bill given the level of sexuality in this country, and we thought as Parliament we need legislation that will help curb this vice. I’d want to request Bahati to take us through the bill in terms of highlighting the objectives of the bill and some salient issues.
Bahati: We want to state that on 29th of April, myself and Benson Obua from UPC moved to intro a private member’s bill entitled Anti-Homosexuality Bill of 2009. It came to house for first reading 14 October. It came from 2 principles: massive recruitment of young people, especially in schools, into homosexuality behavior. It’s not a human rights, it’s a bad habit, and if we don’t act now, provide for preventative measures, then our country will sooner or later be in trouble. We’ve seen a lot of attacks, especially from international civil society and it’s because not for any reason, but there are issues of accountability for funding and receiving. More about funding. It’s not a human right, we believe, because scientific research has indicated that first, on HIV/AIDS--males involved and females involved in homosexuality are prone to getting HIV/AIDS more than ordinary person, 3 times more prone. Person engaging in homosexuality has reduced life expectancy of 20 years. As males participate in homosexuality, over 6 years, they spoil their organs and in some cases are forced to put on nappies as children. This is behavior that can’t go on. It’s silent and creeping around in our society. We have information that NGOs are being financed to promote this and existing legal framework, The Penal Code Act mentions “unnatural offences,” but given magnitude of problem, we can’t just leave it to “unnatural behavior.” It’s not comprehensive or explicit. Constitution prohibits same-sex marriage. Why aren’t people fighting that in our constitution? They want to engage in homosexuality but don’t want to get married. Why are they adopting children? There’s an evil creeping into our society, and they want to defend the homosexual family. The best output of family is when it’s between man and woman.
Benson: Thank you very much. As I said earlier, I’m fully behind this bill as a co-sponsor and I won’t be deterred by any threats. Bahati has been receiving many threats to his life. I haven’t received any yet but that’s not going to deter us. For obvious reasons. We strongly feel that homosexuality is unnatural, and every faith in this country testifies to this and it’s against all common sense. Anyone trying to defend it has something wrong with them. It’s causing destruction to this country, and we need to stem it. Permit me to say we shouldn’t we be deterred from pressure from wherever. We know there are powerful international NGOs and some from the international community don’t want this to go through. The Commonwealth is trying to make sure that this strange culture is entrenched around the globe. We have a fear that if we move ahead to pass, then the international community will deny Uganda aid. This is some of the tactics being used. We can do without aid as long as Uganda is morally upright. So those kinds of things shouldn’t deter us. Others argue that if passed in present form, it threatens the lives of almost everyone. This is a big lie. This bill targets defenders and anyone who works to promote homosexuality, but it doesn’t endanger human beings or Ugandans in general. I dare say the whole world is watching Uganda As you heard in BBC and newspapers, 2 Kenyan men decided to marry in London and it’s causing a furor in Kenya. And now they’re demanding that right be entrenched in Kenyan constitution. What we’ll do in this bill will help the region determine what we need to do as Africans. Uganda will be leader in fight against homosexuality.
Bahati: So as Benson said, we’re not engaged in a hate campaign. We’re not--We’re engaged in protection of the natural family. Object of bill is to protect the traditional family by prohibiting any sexual relations between people of same sex, and without any govt support of Uganda. Some things in the penal code act (PCA) and constitution are involved. We want to consolidate all these laws into 1 comprehensive law. We want to protect the traditional family. There are defects in PCA. There’s mention of unnatural behavior but it’s hard to define. Given magnitude of the problem, we should make it comprehensive and clear in one piece of legislation. We’re not trying to repeal; we want to strengthen PCA and fulfill const provision against same-sex marriage. To provide that marriage is that that exists only between man and woman, and also penalize homosexuality as a behavior. We’re providing that our nation can’t ratify international conventions that contravene this act. There’s strong group at UN to make UN recognize sexual minorities as minorities with rights. We’re against that. We’re also providing what’s missing in laws—currently, there’s nothing that prohibits NGOs from promoting homosexuality. UNICEF printed a book translated into different languages, distributed in all schools in Uganda, saying homosexuality is normal and encouraging young children to participate in it. We want to prohibit that. There are few objectives, but they’re important. There’s a lot of recruitment. Everyday I receive calls from children in a number of schools telling me this is happening. Bill has close to 5 parts, as members will see, clearly talking about different offences. Also, I don’t think I need to go through interpretation of the bill. In terms of offences, we’re providing that a person who commits an offence of homosexuality faces imprisonment for life. We want to define, because there are a number of definitions. “Gay” means a male who engages or attempts to engage in same gender sexual activity. “Lesbian” means a female who does the same. “Sexual act” we’re going to expand to include physical activity that doesn’t culminate in intercourse but also can include touching of breasts and those organs. So that’s the definition. Why? Because it includes touching and engaging in those things. In terms of offence, we’re saying a person commits an offence if a person penetrates the anus or mouth with his penis or any other contraption. So again here, we expand to include the anus, the mouth, because these are some of the tactics they use to engage in homosexuality. Clause 3 is what has brought a lot of controversy and criticism of this bill. To create an impression that we’re saying all acts of homosexuality are punishable by death. That’s not true. If someone engages with a minor, has HIV/AIDS, or with person with disability, then a person is punished with death. We’re not punishing all acts of homosexuality with death. Clause 4 talks about attempt to commit. Clause 5 looks at protection, payment to victims of homosexuality. There are young children forced into homosexuality, and there should be a provision of compensation. Religious leaders can provide counseling for these victims. Children are being lured into this creeping evil. Not because they enjoy it but because of poverty and they’re being coerced. A victim of that nature should be compensated. Brothels are places where there’s selling of homosexuality. Clause 13 – there are a number of things that can be promotion, including electronics like TV and radio. There’s also nullification of international treaties that promote homosexuality. This bill can go a long way in fighting scourge of homosexuality.
Menhya: We have a series of these meetings. Today we meet religious leaders. November 10th, another, November 11th, another group. We have a lot of consultations. We want views in this bill so that there’s value addition. Church of Uganda, can you submit your views in regard to this bill?
Rev. Canon Mwesigye: We got this letter yesterday and wanted to give it more time. Uganda Joint Christian Council (UJCC) links Christian fraternity. I asked the Secretary-General of UJCC to put in his input since you want stakeholders’ responses. (UJCC coming on November 10th to Parliament). Church of Uganda has taken an upper hand in fighting homosexuality since 2004. Church wrote paper against homosexuality in 2005, and Uganda in particular, this paper is there. If you want it, the Church of Uganda has this position paper. In June 2008, Church took 105 people to Israel to participate in Global Conference discussing way forward with Homosexuality. We participated and we have another position paper. I’d like to say that this is a timely and important law that is consistent with const, the law of the land, as far as the bill’s provisions are concerned. Article 31(2)(a) of the Constitution is the starting point against homosexuality. We want to enforce that. And the Church of Uganda asks whether people who designed this law – are human rights absolute? People may use the basis of human rights to fight their cause, so are they absolute? On interpretation of the bill, we said that the word authority should include military and cultural. Cultural element in Uganda is pronounced, and so is military. These are huge institutions in our country. Culture means more than social and military means more than political. The word disability – suppose you have only 1 eye? Aren’t you disabled? Then you need to go further. The word victim, there must be provisions for secondary victims, like spouse and children. When a man is involved and he becomes a victim, this victim might affect his dependents, as far as compensation is concerned. Is death a form of punishment? Is it intended to help someone to improve? Or to destroy him? I’d like to point out that the legal system in Uganda is imperfect. I’m not a lawyer, but there’ve been cases of people convicted and murdered and later evidence comes to light that they’re innocent. How to compensate? We therefore propose a different form of punishment than death. The provisions related to death penalty can prevent this bill from being passed. The scope of the law – extra territorial jurisdiction. We need to limit ourselves to Uganda. Why? Because our constitution is clear on protocols, agreements, and ratifications. It’s not cost-effective, not easy to get evidence [outside Uganda]. Let us limit ourselves to Uganda because we know we’re protected by our constitution. We must refer to Bible. Leviticus, Old Testament is a lot like Koran. Leviticus 18:22 and constitution and PCA, and the natural law of justice to guide us. I didn’t emphasize that any instrument or organization that promotes homosexuality must be dealt with accordingly, and we need to – they should be prohibited and dealt with.
Menhya: James Sabutoro, Minister of Ethics is here.
Dr. Kakembo: Before the religious leader comes in, as a non-member of this committee, I request Hon Minister to say one word. We can’t talk about this without hearing his voice.
Menhya: This is a democratic country.
Sabutoro: This is a historic day and one I want to see as determining our credibility as a nation among other nations, so when you’ve accepted invitation from chair, I want to say thank you. So we are part of what is going on now. I want to appreciate Benson and Mahati for championing this bill before us. It’s causing a lot of discomfort around the world, and it’s interesting to see the world paying attention to Uganda. Uganda is providing leadership where it matters most. We won’t give into any pressure, and I want to have that as our guiding spirit. We desire to see legislation that defines what the country stands for and actually provide leadership around the world. This is a matter of fundamental importance and will give Uganda a place of honor among nations around the world that are civilized. We’re determined to not give into any pressure. Our reputation as a nation is to be cherished more than anything else. Nothing will sway our determination to do what is right. Anal sex is not something anyone should grant creditable consideration. We believe it’s a danger to human civilization, and Ugandans are decent people. The committee under Bahati has come up with this legislation; we’re delighted, and I can’t wait to see this become law. Committee, the country is looking to you. We don’t want to see demonstrations on street. Keep pressing, and the sooner it’s on our books, the better. I thank religious leaders for coming. In our religious camps, some have come under influence that anal sex is something we should recommend to our children. We can’t be swayed by those, but I’m happy the leadership of the church is clear-minded about what it believes. I want to lend our entire support.
Menhya: Thank you for those remarks and your determination to stamp out this terrible vice. At this time I want to invite Kakembo to give his remarks.
Kakembo: The 7th Day Adventist Church representatives meet once a year and every five years pass important resolutions. In 1999, we sent representatives from all over the world and came up with a position paper on this issue of homosexuality. I’ll give you a copy. The Church recognizes every human is valuable, and we seek to minister to all men and women and by God’s grace through encouragement of faith, an individual may live in harmony with God’s word. That exists only in marital relationship between man and woman. Scriptures declare that a man will become one flesh with women. 7th Day Adventists don’t recognize homosexual unions. Foreigners running a gymnastic company victimized young boys and I was almost a victim. Thank god I escaped. The actions of these people are predatory, and most victims never say a word but they suffer from childhood until adulthood. I want to take a deeper analysis. In notes, I highlighted some which are of concern: That is the death penalty. Is this deterrence? I didn’t feel comfortable about it, but since he’s mentioned it, I think it should be discussed. I like the clause [on compensation for victims that the ] court may, in addition to the sentence—it should be “shall”—the victims one of the effects on victims is their inability to come out. There’s shame, fear of rejection. Some compensation may not correct the problem, but compensation MUST be given. Victims are not only the children, but also parents. I’ve heard of gang rapes in schools. I’ve heard of 2. If there’s legislation against rapes--and lastly, there’s been a claim by some propagators—why not deal with people who commit adultery in the same way? Yes, it’s against the law of God, but people do [adultery] in secret, but they don’t come out and claim civil rights. They do it secretly, and when they’re found out, they suffer for it.
Mufti’s representative: I want to convey the thanks of the Mufti. We were involved since the MP started this. We were invited to the MP’s office when this matter was tabled, and we’re glad to learn we’re somewhere now by having this draft with us. First of all, we want to note that this draft is left to be misrepresented at times, and it creates a number of anomalies in our communities and societies. The press published drafts. But much of this was misrepresentation, and there was no response from the concerned. I wish that the effort must be consistent because the movement tackled is very consistent and invests quite a lot in seeing that their mission succeeds. We want to deal with issues of penalties and so forth, but we still have time to do that. In Islam, homosexuality is considered sinful. It’s a profound mistake. Humans are not homosexual by nature, as people allege, but become so because of their environments, particularly during puberty. Suggestions, ideas, and strange dreams. They are strongly reinforced. Human instincts can be subjected to acts of will. Humans can entertain their thoughts. Muslims identify and defend any groups who are discriminated against because of our foundational values. Where we abhor acts of discrimination against groups; we also highly value the right of desertion [dissension?] and the rights of individuals to act. There’s a balance between groups and individuals. No one has right to spy into the rights of private individuals, even if they get to be incidentally known. They should be kept private. We’re behind protection of natural family as a durable, proven, and most important nucleus of any society. There’s continued struggle to balance individual rights and societal well-being. We put a higher value on social well-being. Therefore we resist and ensure our values against an onslaught. It should never be aggression, but a firm and principled stand against counter-values. We have indeed a duty to provide wisdom and values that will advance humanity. We as Muslims have divine guidance from Koran, and it reminds us what Allah said—unless we put in effort, there will never be change. 13:11. We have a duty and a responsibility to not only make an effort to arrest this trend, but also to promote divine values with zeal. Homosexuality is a global movement and it has international influences. We must prepare for this. If we don’t act on our part, God will do it. The practice is evil and ought to be stopped immediately.
Professor Peter Matofu: When the archbishop received the invitation, he invited me and said this is your area because we’ve always discussed. In 1963, I was a victim. There was a Ugandan man, working at the U.S. Embassy who befriended me. I was a small man. I didn’t have an idea of befriending a woman. This fellow said, “Let’s go.” I needed money. I was desperate for school fees. He took me to his house in Naguru. He started doing things. Now people came, he came out, took his vehicle. He was a proud man. I didn’t know what he wanted from me until one of his houseboys came and told me that I escaped, that the man was a homosexual. I didn’t know what it meant. Does that mean he’s going to beat me? I didn’t know what it meant. In 1969, I went to America. I was at Princeton University in NJ, and one of my renowned professors wanted us to go and do practicals in psychopathology based on sexual deviation. We were 4 Ugandans, and he told us to first test. Of what? Homosexuality? We said, “We’re Africans; we don’t do homosexuality.” He said to do it or we wouldn’t pass the course. We said we’d ask the university for money for tickets to go back home. We put this case before the University President and he rescued us. When we went to NY, we were 4 Ugandans, and we pretended we knew how they were behaving and dressing. We were forced to wear trousers. We were touching, touching. In 1969, we escaped death because these homosexuals are dangerous people. They’ll see that you’re not, and they know you’re pretending and then they can knife or gun you. These people have their special groups from abroad. I agree with my colleagues. Genesis 2:18-25. Mark 10:8, 1 Corinthians 6:16, Ephesians 5:1, Matthew 19:5. They concern the use and mis-use of the shelter of God. The bill – on p. 3, they talk of other related matters. I’d like you to enumerate those, such as exhibitionism, when somebody is not interested in a woman, but is interested in looking at the vagina when it is there open, and he feels sexually satisfied; the second is voyeurism, when someone uses an instrument, especially the knickers and shoes of women, and use it like this, stand, smell, and smelling the knicker, any type of knicker, unwashed, the best way is unwashed, or a shoe, any female shoe, this is called voyeurism; another is fetishism, and this is exactly when anything related to what is preferred, and when it’s a man, it’s a homosexual, then they can use that instrument. I don’t know what it is about the feet, but a homosexual will use a male shoe. A lesbian will use a female’s shoes. There is tranvestisism. Be very careful. This kind of transvestisism is both for normal and unnormal people. Normal people—it’s a defence mechanism, a beloved object. Boys were stealing dresses from young girls and he keeps it in his room, he opens it and looks at it, that’s a kind of transvestisism, even photographs, some young men and women have photos, and look at the photos in a special way until they reach a climax. That’s transvestisim. Then we have sado-mashochism. It’s very dangerous, and when I teach my students, I tell them to be very careful when playing sex. The cries of women, this affects children, and children will want people having that kind of cry, between mother and father, and they’ll imitate it. On top of homosexuality, there are others. They need to be included. Let us go now to the text. The text on others I’ve completed. On the same page, where it’s stated, where someone exercises “religious, political,” but you’ve left out academicians. If you brought Professor Ofuga on your committee or Dr. Musisi, he’s also a psychiatrist. If you brought me, I’d contribute as an academic. Page 4, when we discuss homosexuality here, the language is very, very general. We need to use a real language to show that people who are practicing homosexuality are mentally sick. They’re not stylists. They’re mentally sick, and they need real psychotherapeutic approach. We need to re-phrase.
Saturday, October 31, 2009
Uganda's Outrageous New Sex Law
A Ugandan Parliamentarian wants to outlaw homosexuality and prescribe the death penalty for having sex while HIV positive. (The worse news is, he might actually get what he wants.)
BY MICHAEL WILKERSON | OCTOBER 28, 2009
Ugandans can't stop talking about the very thing many argue should be taboo: homosexuality. On Oct. 14, Ugandan Parliamentarian David Bahati introduced the Anti-Homosexuality Bill of 2009, an effort, he says, to protect Ugandan families from what he terms the "creeping evil" of homosexuality. It's not the first attempt by an African country to outlaw homosexuality, but it may well be the most extreme. Included in the draft text are not only condemnations of same-sex relations, but a new crime that carries the death penalty, and a criminal sentence for having sex while HIV positive. Human rights advocates say it's illegal, not to mention an outrage. Gay activists say they will live in fear even more than they do now. But the vast majority of Ugandans, sadly, may agree with the law; a 2007 poll found that 95 percent of those surveyed strongly opposed legalizing same-sex relations, period.
Why homosexuality has become such an explosive issue in Uganda has to do, in part, with the complex set of social issues wrapped up in it. These include the erosion of the nuclear family, the influx of global culture, and an epidemic of a HIV/AIDS, whose treatment forces individuals and families to break every social taboo. Most importantly, Ugandans are extremely religious, with more than 94 percent saying religion was important in their lives in a 2008 survey by Afro barometer. And from the country's varied branches of Christianity to its sizable Muslim community, no one preaches tolerance of gay rights.
"This bill is really a summation of an aspiration of Ugandans who believe the traditional family needs to be protected from foreign and internal threats," Bahati, a jovial former accountant who looks much younger than his 35 years, told me. In an interview last week in his small office inside the Ugandan parliamentary complex, Bahati explained that he was not trying to cause controversy by introducing the new bill, though he has received dozens of phone calls from journalists and donors, and even a few threats. "We have our own values as much as we respect the values of others, and we think that homosexuality is not a right."
Homosexuality has always been illegal in Uganda. The Penal Code, drawn heavily from British colonial laws, bans "carnal knowledge of any person against the order of nature," with a possible penalty of life imprisonment. Still, the issue has rarely been a high priority of enforcement for police or the government. Arrests are uncommon, and prosecutions almost nonexistent, in large part because the standard of proof requires authorities to catch offenders in the act.
Bahati's bill would make such arrests and prosecutions easier, something critics warn could be used to falsely accuse rivals or enemies, but proponents say is necessary to give the current ban teeth. In addition to outlawing "any form of sexual relations between persons of the same sex" with penalties up to life imprisonment, the proposed bill criminalizes attempted homosexuality, the aiding and abetting of homosexuality, and promotion of homosexuality -- each carrying a possible prison sentence of seven years.
Failure to disclose an offense is also punishable by a fine and three years in prison. And anyone with knowledge of crimes committed is obligated to report them to the authorities within 24 hours. The legislation also creates a new category of offense, "aggravated homosexuality," which is punishable with death. The latter crime would include having homosexual sex with a minor or someone with a disability or having homosexual sex while HIV positive (the bill makes no distinction about whether offenders must be knowingly infected to qualify.)
If homosexuality were legalized, Bahati says, "Our moral fiber will just be torn down. Society will just be in chaos. You'll see men marrying men, which is contrary to what we believe in."
One common view of homosexuality here, espoused by Bahati and many others is that foreign influence is promoting and funding homosexuality in Uganda. Pastor Martin Ssempa, a prominent anti-gay religious leader, suggested on a talk show last week on Uganda's KFM radio that "civil society organizations must be investigated to see if they received this homosexual money." He later accused guests on the show of being bribed by homosexual activists abroad.
In a separate phone interview before the radio show -- Ssempa declined multiple requests to meet in person -- he said that homosexuality was bad for the community. "It is inherently unhealthy" Ssempa said, and to make his point, he went on to explain in extremely explicit detail a variety of sexual acts he associates with homosexuals.
Speaking with a dozen men and one woman in Uganda's homosexual community tells a different story. Sam Ganafa, 48, a security manager at a telecom company, says he struggled to come to terms with his homosexuality long before being exposed to any outside influence. When he began to realize he was gay, Ganafa said, "I'd not known anything about the Internet, I'd not even met a mzungu, a white person, nothing." Robert, a gay entrepreneur who asked to be identified only by his first name for safety, said that it was only after secondary school did he even learn that he was not the only homosexual in Uganda or in the world. "I was something like 22," Robert said. "It was a relief, because I met people who were like me and I was so happy."
Life as a homosexual in Uganda is difficult enough, Ganafa said, with challenges ranging from being outed by the tabloids and getting beaten or losing your job if discovered. The new bill could make it much, much worse. "The new bill will instill fear because it touches almost everybody. Even you a journalist asking me about this, after it passes, you will not be able to do it. You will be discussing a subject that must not be discussed at all."
In addition to Uganda's homosexual communities, broader opposition is emerging. A civil-society coalition, composed of 23 local organizations, ranging from the few brave gay activist groups to women's rights and constitutional law organizations, has taken out newspaper advertisements to protest the bill. They plan to challenge it on legal grounds as it is debated in Parliament. "Obviously whoever wrote this law isn't a lawyer," said Sylvia Tamale, a professor of law at Makerere University and member of the Association of Uganda Women Lawyers, one of the most high profile organizations opposing the bill. "If you are a lawyer you can't write such nonsense."
For one, Tamale believes that the disclosure requirement would severely violate other laws and traditions of privacy, even if it is intended to protect children, as the bill's proponents argue. "This bill goes beyond [protection]," she said. "If you know anyone who is homosexual you have to report them." Even Ugandans living abroad would not be safe. The bill establishes "extra-territorial jurisdiction" so that known homosexual citizens abroad may be extradited and prosecuted in Uganda.
Tamale and other activists also worry that the promotion clause could prohibit organizations from working, for example, on HIV issues with the gay community in Uganda. In part because admitting to homosexuality is risky in and of itself, few in the gay community get regularly tested. And while struggling with their own identity in the face of immense social backlash, planned safe sex is often a luxury. Even before the new bill was introduced, three gay activists were arrested at a conference on HIV prevention in Kampala in 2008 for trying to attend and distribute materials. A government official explained that the government did not have money to treat HIV among homosexuals.
Robert, the gay entrepreneur I spoke with, has had the same partner for nearly nine years, and introduced him alternately as his husband, partner, and boyfriend at a Ugandan bar known as a safe gathering place. "This is the only gay bar in Kampala," the partner said, declining to be named at all to protect his job. "Why are you so surprised? This is the country that wants to kill and imprison us."
Robert wears a large golden crucifix and said that he like most Ugandans he is still extremely religious, a position shared by Val Kalende, a self-described "LGBT activist" who was one of three arrested in 2008. "I'm a born-again Christian and I'm not ashamed to say that," Kalende said in an interview in a secluded hotel on the outskirts of town. "Actually I'm a minister in my local church. My pastor I think doesn't know, but for me nothing can ever separate me from [religion]."
Gay Ugandans and activists hope that the international community will condemn the bill strongly enough that either Parliament or Uganda's executive branch will back down. Approximately 40 percent of the country's government budget comes from international donors, with most funding from the United States and Europe.
Helping the cause of the bill's opponents is a provision in the draft text that would require the Ugandan Parliament to review all international treaties it as signed and nullify those that conflict with "the spirit and the provisions" of the new bill. Presumably, this would include key conventions such as the U.N.'s Universal Declaration of Human Rights -- perhaps enough to spark an international outcry.
In a written statement, a spokesperson for the U.S. Embassy in Uganda said the U.S. mission is "in the process of raising this issue with Ugandan government authorities." If passed, the U.S. statement said, the bill "would constitute a significant step backwards for the protection of human rights in Uganda."
Because the law was introduced by Bahati as a private member of Parliament (most bills are introduced by the executive branch), President Yoweri Musevni has yet to take an official position -- a possible hedging strategy if international uproar becomes too great.
Still, others, like Emmanuel Gyzeaho, a reporter who covers parliament for Uganda's Daily Monitor, think that the provision is sure to pass. "When external pressure is exerted by the donors and they say ‘you guys are pushing some obnoxious legislation so we're going to close the taps on money to you,' then perhaps they will have a sudden change of heart," Gyzeaho said. "[But] given the conservative religious and cultural nature of the ideal Member of Parliament, this bill is definitely going to sail through." Since the vast majority of Ugandans fervently abhor homosexuality, he added, opposing the bill would be political suicide.
Says Bahati: "We are working hard [to pass the bill] and we want your support and prayers."
This Story was written by MICHAEL WILKERSON and Posted on www.foreignpolicy.com/articles/2009
BY MICHAEL WILKERSON | OCTOBER 28, 2009
Ugandans can't stop talking about the very thing many argue should be taboo: homosexuality. On Oct. 14, Ugandan Parliamentarian David Bahati introduced the Anti-Homosexuality Bill of 2009, an effort, he says, to protect Ugandan families from what he terms the "creeping evil" of homosexuality. It's not the first attempt by an African country to outlaw homosexuality, but it may well be the most extreme. Included in the draft text are not only condemnations of same-sex relations, but a new crime that carries the death penalty, and a criminal sentence for having sex while HIV positive. Human rights advocates say it's illegal, not to mention an outrage. Gay activists say they will live in fear even more than they do now. But the vast majority of Ugandans, sadly, may agree with the law; a 2007 poll found that 95 percent of those surveyed strongly opposed legalizing same-sex relations, period.
Why homosexuality has become such an explosive issue in Uganda has to do, in part, with the complex set of social issues wrapped up in it. These include the erosion of the nuclear family, the influx of global culture, and an epidemic of a HIV/AIDS, whose treatment forces individuals and families to break every social taboo. Most importantly, Ugandans are extremely religious, with more than 94 percent saying religion was important in their lives in a 2008 survey by Afro barometer. And from the country's varied branches of Christianity to its sizable Muslim community, no one preaches tolerance of gay rights.
"This bill is really a summation of an aspiration of Ugandans who believe the traditional family needs to be protected from foreign and internal threats," Bahati, a jovial former accountant who looks much younger than his 35 years, told me. In an interview last week in his small office inside the Ugandan parliamentary complex, Bahati explained that he was not trying to cause controversy by introducing the new bill, though he has received dozens of phone calls from journalists and donors, and even a few threats. "We have our own values as much as we respect the values of others, and we think that homosexuality is not a right."
Homosexuality has always been illegal in Uganda. The Penal Code, drawn heavily from British colonial laws, bans "carnal knowledge of any person against the order of nature," with a possible penalty of life imprisonment. Still, the issue has rarely been a high priority of enforcement for police or the government. Arrests are uncommon, and prosecutions almost nonexistent, in large part because the standard of proof requires authorities to catch offenders in the act.
Bahati's bill would make such arrests and prosecutions easier, something critics warn could be used to falsely accuse rivals or enemies, but proponents say is necessary to give the current ban teeth. In addition to outlawing "any form of sexual relations between persons of the same sex" with penalties up to life imprisonment, the proposed bill criminalizes attempted homosexuality, the aiding and abetting of homosexuality, and promotion of homosexuality -- each carrying a possible prison sentence of seven years.
Failure to disclose an offense is also punishable by a fine and three years in prison. And anyone with knowledge of crimes committed is obligated to report them to the authorities within 24 hours. The legislation also creates a new category of offense, "aggravated homosexuality," which is punishable with death. The latter crime would include having homosexual sex with a minor or someone with a disability or having homosexual sex while HIV positive (the bill makes no distinction about whether offenders must be knowingly infected to qualify.)
If homosexuality were legalized, Bahati says, "Our moral fiber will just be torn down. Society will just be in chaos. You'll see men marrying men, which is contrary to what we believe in."
One common view of homosexuality here, espoused by Bahati and many others is that foreign influence is promoting and funding homosexuality in Uganda. Pastor Martin Ssempa, a prominent anti-gay religious leader, suggested on a talk show last week on Uganda's KFM radio that "civil society organizations must be investigated to see if they received this homosexual money." He later accused guests on the show of being bribed by homosexual activists abroad.
In a separate phone interview before the radio show -- Ssempa declined multiple requests to meet in person -- he said that homosexuality was bad for the community. "It is inherently unhealthy" Ssempa said, and to make his point, he went on to explain in extremely explicit detail a variety of sexual acts he associates with homosexuals.
Speaking with a dozen men and one woman in Uganda's homosexual community tells a different story. Sam Ganafa, 48, a security manager at a telecom company, says he struggled to come to terms with his homosexuality long before being exposed to any outside influence. When he began to realize he was gay, Ganafa said, "I'd not known anything about the Internet, I'd not even met a mzungu, a white person, nothing." Robert, a gay entrepreneur who asked to be identified only by his first name for safety, said that it was only after secondary school did he even learn that he was not the only homosexual in Uganda or in the world. "I was something like 22," Robert said. "It was a relief, because I met people who were like me and I was so happy."
Life as a homosexual in Uganda is difficult enough, Ganafa said, with challenges ranging from being outed by the tabloids and getting beaten or losing your job if discovered. The new bill could make it much, much worse. "The new bill will instill fear because it touches almost everybody. Even you a journalist asking me about this, after it passes, you will not be able to do it. You will be discussing a subject that must not be discussed at all."
In addition to Uganda's homosexual communities, broader opposition is emerging. A civil-society coalition, composed of 23 local organizations, ranging from the few brave gay activist groups to women's rights and constitutional law organizations, has taken out newspaper advertisements to protest the bill. They plan to challenge it on legal grounds as it is debated in Parliament. "Obviously whoever wrote this law isn't a lawyer," said Sylvia Tamale, a professor of law at Makerere University and member of the Association of Uganda Women Lawyers, one of the most high profile organizations opposing the bill. "If you are a lawyer you can't write such nonsense."
For one, Tamale believes that the disclosure requirement would severely violate other laws and traditions of privacy, even if it is intended to protect children, as the bill's proponents argue. "This bill goes beyond [protection]," she said. "If you know anyone who is homosexual you have to report them." Even Ugandans living abroad would not be safe. The bill establishes "extra-territorial jurisdiction" so that known homosexual citizens abroad may be extradited and prosecuted in Uganda.
Tamale and other activists also worry that the promotion clause could prohibit organizations from working, for example, on HIV issues with the gay community in Uganda. In part because admitting to homosexuality is risky in and of itself, few in the gay community get regularly tested. And while struggling with their own identity in the face of immense social backlash, planned safe sex is often a luxury. Even before the new bill was introduced, three gay activists were arrested at a conference on HIV prevention in Kampala in 2008 for trying to attend and distribute materials. A government official explained that the government did not have money to treat HIV among homosexuals.
Robert, the gay entrepreneur I spoke with, has had the same partner for nearly nine years, and introduced him alternately as his husband, partner, and boyfriend at a Ugandan bar known as a safe gathering place. "This is the only gay bar in Kampala," the partner said, declining to be named at all to protect his job. "Why are you so surprised? This is the country that wants to kill and imprison us."
Robert wears a large golden crucifix and said that he like most Ugandans he is still extremely religious, a position shared by Val Kalende, a self-described "LGBT activist" who was one of three arrested in 2008. "I'm a born-again Christian and I'm not ashamed to say that," Kalende said in an interview in a secluded hotel on the outskirts of town. "Actually I'm a minister in my local church. My pastor I think doesn't know, but for me nothing can ever separate me from [religion]."
Gay Ugandans and activists hope that the international community will condemn the bill strongly enough that either Parliament or Uganda's executive branch will back down. Approximately 40 percent of the country's government budget comes from international donors, with most funding from the United States and Europe.
Helping the cause of the bill's opponents is a provision in the draft text that would require the Ugandan Parliament to review all international treaties it as signed and nullify those that conflict with "the spirit and the provisions" of the new bill. Presumably, this would include key conventions such as the U.N.'s Universal Declaration of Human Rights -- perhaps enough to spark an international outcry.
In a written statement, a spokesperson for the U.S. Embassy in Uganda said the U.S. mission is "in the process of raising this issue with Ugandan government authorities." If passed, the U.S. statement said, the bill "would constitute a significant step backwards for the protection of human rights in Uganda."
Because the law was introduced by Bahati as a private member of Parliament (most bills are introduced by the executive branch), President Yoweri Musevni has yet to take an official position -- a possible hedging strategy if international uproar becomes too great.
Still, others, like Emmanuel Gyzeaho, a reporter who covers parliament for Uganda's Daily Monitor, think that the provision is sure to pass. "When external pressure is exerted by the donors and they say ‘you guys are pushing some obnoxious legislation so we're going to close the taps on money to you,' then perhaps they will have a sudden change of heart," Gyzeaho said. "[But] given the conservative religious and cultural nature of the ideal Member of Parliament, this bill is definitely going to sail through." Since the vast majority of Ugandans fervently abhor homosexuality, he added, opposing the bill would be political suicide.
Says Bahati: "We are working hard [to pass the bill] and we want your support and prayers."
This Story was written by MICHAEL WILKERSON and Posted on www.foreignpolicy.com/articles/2009
PRA (Political Research Associates) joins Other Sheep in calling on Rick Warren to denounce Ugandan Anti-Homosexuality Bill
BRONX, NEW YORK, STATE - October 29, 2009
Political Research Associates (PRA), in an eNews they released yesterday calling on "Rick Warren to Denounce Proposed Antigay Law in Uganda" effectively joins Other Sheep in calling on evangelicals to stop the Ugandan Anti-Homosexuality Bill of 2009. PRA reports: "In March 2008, U.S. evangelical leader Rick Warren told Ugandans that homosexuality is not a natural way of life and thus not a human right."
Other Sheep, in its eNews of October 19, called upon evangelicals Rick Warren (USA), John Stott (England), Douglas Carew (Kenya) and the Association of Evangelicals in Africa (AEA) to accountability for their part in inducing inhumane and hateful attitudes of Africans towards homosexual Africans.
On January 6 and on October 19 of this year, Other Sheep reported that an article on homosexuality in Africa Bible Commentary, published by AEA and endorsed by Warren, Stott and Carew, says homosexuals "are worse than beasts" and should not be tolerated; homosexuals are "abnormal, unnatural and a perversion." The article also asserts: no view on the morality of homosexuality other than the evangelical view is to be given consideration; the common denominator of same-sex sex is coercive sex; and to be homosexual is sinful. Africa Bible Commentary, published in 2006, is a commentary on the Bible by 70 African evangelical Bible scholars. The featured article on "Homosexuality" is authored by evangelical Nigerian Tusufu Turaki.
Other Sheep is an ecumenical Christian ministry that works worldwide to empower LGBT people of faith. Other Sheep Uganda, a committee made up of Ugandan lay leaders, was organized in 2008 for the purpose of distributing literature on the topic "What does the Bible really say about homosexuality?"
Political Research Associates (PRA), in an eNews they released yesterday calling on "Rick Warren to Denounce Proposed Antigay Law in Uganda" effectively joins Other Sheep in calling on evangelicals to stop the Ugandan Anti-Homosexuality Bill of 2009. PRA reports: "In March 2008, U.S. evangelical leader Rick Warren told Ugandans that homosexuality is not a natural way of life and thus not a human right."
Other Sheep, in its eNews of October 19, called upon evangelicals Rick Warren (USA), John Stott (England), Douglas Carew (Kenya) and the Association of Evangelicals in Africa (AEA) to accountability for their part in inducing inhumane and hateful attitudes of Africans towards homosexual Africans.
On January 6 and on October 19 of this year, Other Sheep reported that an article on homosexuality in Africa Bible Commentary, published by AEA and endorsed by Warren, Stott and Carew, says homosexuals "are worse than beasts" and should not be tolerated; homosexuals are "abnormal, unnatural and a perversion." The article also asserts: no view on the morality of homosexuality other than the evangelical view is to be given consideration; the common denominator of same-sex sex is coercive sex; and to be homosexual is sinful. Africa Bible Commentary, published in 2006, is a commentary on the Bible by 70 African evangelical Bible scholars. The featured article on "Homosexuality" is authored by evangelical Nigerian Tusufu Turaki.
Other Sheep is an ecumenical Christian ministry that works worldwide to empower LGBT people of faith. Other Sheep Uganda, a committee made up of Ugandan lay leaders, was organized in 2008 for the purpose of distributing literature on the topic "What does the Bible really say about homosexuality?"
Subscribe to:
Posts (Atom)
Posts
