TERROR AS NOTORIOUS ANTIGAY BILL IS TABLED IN UGANDA

By Simangele Mzizi (BTM Intern)

UGANDA – 15 October 2009: The Anti Homosexual Bill 2009 which aims to ban all forms of expression advocating for homosexuality has been tabled in the parliament of Uganda and if passed into law it could escalate the rampant arbitrary arrests and persecutions of LGBTI people in that country

According to Gerald Sentongo of Sexual Minorities Uganda (SMUG) the bill was tabled in parliament yesterday, 14 October and has been sent to the parliamentary legal committee for scrutiny and will be brought back to parliament for the second hearing and be further discussed on the third hearing after which it can be passed as law and get printed in the gazette.

“Our worry is that if there is someone who is interested in this bill, it might not have the usual three times of hearing, it can even pass into law in just one week”, said Sentongo.
The Anti-Homosexuality Bill 2009 states that anyone who commits the offence of homosexuality will be liable to life imprisonment as the provisions, according to the Bill, are meant to “protect the traditional family by prohibiting any form of sexual relations between persons of the same sex.”

it further states that aggravated homosexuality will be punished by death.

A person charged with the offence will have to undergo a mandatory medical examination to ascertain his or her HIV status. The bill further states that anybody who “attempts to commit the offence” is liable to imprisonment for seven years.

This will also apply to “anybody who aids, abets, counsels or procures another to engage in acts of homosexuality” or anybody who keeps a house or room for the purpose of homosexuality.

Frank Mugisha, Chairperson of SMUG has on previous occasions warned that, since policies of Uganda do not recognise same sex sexual relationships, “this [Bill] will make us more vulnerable to HIV and AIDS and this will affect our campaigns on the disease and on sexual violence, amongst others.”

Under the tabled Bill LGBTI organisations and activists are also under severe threat as publishing and distributing material advocating homosexuality will carry a prison sentence of five to seven years and certificates of registration for organisations declared null and void.

“SMUG might not exist anymore, the way forward is not yet clear because SMUG will not have funds since all the funders are also a target by the Bill, the freedom to assemble will also be scraped by this bill”, said Sentongo.

Currently in Uganda sex between two people of the same gender is a criminal offence punishable by life imprisonment and the tabled bill gives a broader definition of the offence of homosexuality than that which is already in the current Penal Code.

Uganda’s Minister for Ethics and Integrity, Dr James Nsaba Buturo has over time maintained that the bill should be passed so that anyone who confesses to being gay or lesbian can immediately be declared a criminal.

The New Vision newspaper has also said that, homosexuals commit aggravated homosexuality when the “victim” is a person with disability or below the age of 18, or when the homosexual offender is HIV-positive.

Meanwhile LGBTI activists have largely condemned the tabling of the Bill saying it will further stigmatise an already marginalised group of citizens and further legitimise the torture, harassment and arbitrary arrest of LGBTI people in Uganda.

Following reports of the stringent Bill against homosexuality, the Coalition of African Lesbians (CAL) publicly condemned Buturo and called for him “to act responsibly in his mandate and protect the rights of sexual minorities in Uganda by publicly reversing the threats and thoughts of introducing an Anti Gay Bill in parliament”

“This means either going underground or immediate seeking of asylum in any other country but as for now, I am afraid for the community which will not be able to get details of this bill after it passes as law”, concluded Santongo.