ain his or her H .

(1) A person n to ascert omosexuality e of homot to commit h mit the offenc mpts to com atte liable on confelony and is . (g) offendality commits a ent seven years to imprisonm DECEMBERa2009 s to be used by on sters or c use ter or thing pplies, admini any drug, mat n or woman or her so ma

its the offenc erson who comm n conviction to suffer death. shall be liable o uality ffence under this harged with the o ical examiere a person is c undergo a med atus.(4) Atthat person shall , IV st

comprehensive a a n er aims at providing furth f the people of Uga o he cherished culture on to protect t s of the people of e raditional family valu l, religious, and t ts activists seeking to h tempts of sexual rig against the at people of Uganda e al promiscuity on th g gravated hoeir values of sexu e of a
A COMPILATION BY THE CIVIL SOCIETY COALITION ON HUMAN RIGHTS AND CONSTITUTIONAL LAW

HOMOSEXUALITY BILL THE GREAT DIVIDE enhanced nd

UGANDAS ANTI-

Contents
We should remind them (the donors) that there is integrity to be defended and threats are not the way to go. If one chooses to withdraw their aid, they are free because Ugandans do not want to engage in anal sex. We do not care. Ethics and Integrity Minister James Nsaba Buturo Uganda is a democratic country with a remarkable and wise people, and in a democracy everyone has a right to speak up. For these reasons, I urge you, the pastors of Uganda, to speak out against the proposed law. Pastor Rick Warren, author of The Purpose Driven Life
10 11 12 13 14 15 16 17 18 19 20 page 1 2 3 4 5 6 7 8 9

It would therefore be dangerous for the state to visit peoples bedrooms every night to ensure that sex is enjoyed only through the legislated style. Andrew Mwenda, The Independent If you agree to steal, to an extent that you allow corruption, open theft of public goods and money to be the norm, then who are you to condemn those who are not even harming society Hon Prof. Ogenga Latigo, Leader of the Opposition Its profoundly ironic that the country thats seen as emblematic of success in fighting the [HIV/AIDS] pandemic is now contemplating such a decisive step backwards. Stephen Lewis, Co-Director of AIDS-Free World Those sitting back and thinking, Get them Bahati! may be shocked one day when it is them that this law throws in jail. Dr. Sylvia Tamale, Makerere University

We used to have very few homosexuals traditionally. They were not persecuted but were not encouraged either because it was clear that is not how God arranged things to be. President Yoweri Museveni

21 22 23 24 25 26 27 28 29 30 31

We are happy that we are involved in this issue of attacking homosexuality head on It is not an easy task. Combating homosexuality is not easy. There is massive recruitment in schools mostly single-sex schools.

David Bahati, author of the

Anti-Homosexuality Bill
Overall, the proposed legislation is of shocking severity and I cant see how it could be supported by any Anglican who is committed to what the Communion has said in recent decades. Dr. Rowan Williams, Archbishop of Canterbury I believe, and I am raising the bar, that we must laugh at this MP and others like him: laugh and stay sane. John Nagenda, presidential advisor APPENDIX The Anti-Homosexuality Bill, 2009, Full Text

DID YOU KNOW...

Two-thirds of Ugandas tabled Anti-Homosexuality Bill is comprised of legislation already in the statute books? If any child or grand-child of the Ugandan Member of Parliment Hon. David Bahati, who authored the bill, turns out to be gay, he himself could find himself confronted with the choice between going to prison himself or sending his child to prison?

PREAMBLE TO THE ANTI-HOMOSEXUALITY BILL, 2009

The object of this Bill is to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting (i) any form of sexual relations between persons of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions and other places through or with the support of any Government entity in Uganda or any non governmental organization inside or outside the country. This Bill aims at strengthening the nations capacity to deal with emerging internal and external threats to the traditional heterosexual family. This legislation further recognizes the fact that same sell attraction is not an innate and immutable characteristic. The Bill further aims at providing a comprehensive and enhanced legislation to protect the cherished culture of the people of Uganda. legal, religious, and traditional family values of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda. There is also need to protect the children and youths of Uganda who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise.

INTRODUCTION
Should Uganda be killing its gays or killing the AntiHomosexuality Bill? That is the question which this compilation of differing positions aims to help readers think through. How many Ugandans have the internet access which would allow them to follow what is being said on this topic on-line? In the international press? With only a few notable exceptions, which are re-printed here for all readers benefit, Ugandas mainstream media has maximised the voice of those who oppose homosexuality, and minimised the voice of those who, in the name of human rights and constitutionalism, beg to differ. To fill in some of the gaps, the Coalition for Human Rights and Constitutional Law has put together this compilation of key statements and opinions on the Anti-Homosexuality Bill currently before Ugandas Parliament. For those of you who have not yet read the Bill in its entirety, the text is provided in an annex to this compilation. While some people argue that Ugandans are uniformly homophobic, this compilation shows that this is not the case. Many thinking Ugandans oppose this Bill, and their viewpoints are reflected here. The Compilation also brings together in one place the various voices of outrage that have been expressed in Churches, in NGOs, and by Governments around the world. The Civil Society Coalition on Human Rights and Constitutional Law,
December 2009

Ugandas Anti-Homosexuality Bill: The Great Divide

From a speech given at the launch of the 2009 UNDP Human Development and Migration Report, Serena Hotel, Kampala, 17 December 2009

As some of you will be aware, Burundi, Rwanda and in its most regrettably extreme expression, Uganda, have embarked on legislatMoses Chrispus Okello ing or reinforcing existing legislation against homoRefugee Law Project, sexuality. Whether you like Coalition Member it or not, homosexuality is a reality. Live with it. To legislate against sex between consenting adults, as though we do not have already have sufficient and much more serious - moral issues to deal with, is really to misunderstand the meaning of prioritization, or perhaps more seriously, as Professor Ogenga Latigo recently pointed out, to indulge in diversionary tactics. I personally dont care what Mwanga does with David or John-Paul. As long as the individuals concerned respect my liberty, I will respect their liberty, freedom and choice of happiness. What the Bahati Bill promises is to take things to an unwarranted level. It drains our energy, it re-directs attention but above all, it focuses our attention on the human rights situation in Uganda, which is perhaps the only positive thing to come out of the proposed anti-gay legislation. You may think the above is a digression, but it is not. If the proposed anti-gay legislation is passed into law, it is going to lead to a fairly massive exodus of people from this country. Most of us probably underestimate the number of people who will be affected if this bill is passed into law, for gay people, just like heterosexuals, do not advertise their sexuality. We should perhaps remind ourselves that exclusion and discrimination on the basis of sexuality is a ground for refugee status under the 1951 Refugee Convention. If we go down this path, we can only expect people migration, of professionals, doctors, teachers and peasants - and perhaps even Bahatis children and grand-children, for after all we dont know yet what their sexual orientation will be.

WHAT THE BILL SAYS ON AGGRAVATED HOMOSEXUALITY...

A person commits the offense of aggravated homosexuality where the person against whom the offence is committed is below the age of 18 years; the offender is a person living with HIV; ... the offender is a serial offender [The offender] shall be liable on conviction to suffer death. Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status.

WHAT THE BILL SAYS ON FAILURE TO DISCLOSE THE OFFENCE...

A person in authority, who being aware of the commission of any offence under this Act, omits to report the offence to the relevant authorities within twenty-four hours of having first had that knowledge, commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding three years.

UGANDAN GOVERMENT: LET THE PEOPLE DECIDE

This is a statement made by the Minister for Ethics and Integrity Hon. Nsaba Buturo to members of the press at the Uganda Media Centre on Thursday 3 December 2009 what Ugandans themselves think. It is also revealing that support which would benefit countless number of orphans, children and mothers can be withdrawn simply because Government is protecting its citizens against vices such as homosexuality. Government has There is a Bill in Parliament known as the Anti-Homo- been clear about this matter that homosexuality or hosexuality Bill. This subject is causing a great deal of in- mosexual practices will not be promoted, encouraged terest around the world. The people of Uganda believe and recommended to the people of Uganda. that practicing anal sex at the expense of heterosexual sex is not a normal practice. Ugandans know or believe Finally, on the issue of the Bill, those who are promisthat homosexuality involves practices that are danger- ing threats to the people of Uganda need to be helped ous and high risk to understand that the Bill is going through the normal to the human body democratic process of debate. The Bill is not the final which is designed document that will become Law. If there is belief that If we accept that for heterosexual threats will influence Parliament to debate against the homosexuals are a functions. Ugan- wishes of Uganda, those responsible for such threats minority group then dans also believe should forget. We should all wait to see how Members robbers are going that anal sexual in- of Parliament will acquit themselves over this matter. to come to us to say tercourse, foreign that we too are a objects used in ETHICS MINISTER: UN SPREADING sexual intercourse minority group. and promiscuity HOMOSEXUALITY do not deserve to From AFP News Service Hon. Nsaba Buturo Minister of Ethics & Integrity be defended at all. Having said that, Kampala - Ugandan Ethics Minister James Nsaba Butuit is clear to many ro alleged on Friday that some United Nations member of us that the over reaction so far is not surprising to states were engaged in a covert campaign to spread us. Uganda accepts that in some countries it is normal homosexuality around the world. practice for men to sleep with men and women with women. It is often defended that imperatives of hu- At the United Nations there are attempts by some man rights defend this practice. We do not believe so nations to impose homosexuality on the rest of us, in Uganda. Majority of Ugandans hate to see the pro- he told reporters. We have learned that they want motion of illegalities that they consider as dysfunction- to smuggle in provisions on homosexuality. He said al, abnormal and unhealthy. he was particularly concerned about an ongoing UN conference on population. We got to learn from our Ever since the Bill on Homosexuality was presented in sources that there are interests that want to use that Parliament, there have been various reactions as well conference to bring in issues that will protect homoas over-reactions from countries which are annoyed at sexuals, he said. our independence to enact our Laws. Consequently, we hear they are threatening to take action against Ugan- Buturo spoke on Thursday to Ugandas UN ambassada. It is revealing that support to Uganda literally trans- dor and reminded him of the countrys position that lated means that it is on condition that Uganda should homosexuality is unnatural, abnormal, illegal, dangerdo the bidding of givers of such support regardless of ous, and dirty. Buturo also hit back on Friday against

Ugandas Anti-Homosexuality Bill: The Great Divide

a Ugandan gay rights groups who recently made a public call for equal rights. We deserve equal rights and protection under the law and constitution. We dont deserve to be demonised and falsely accused in the name of ignorance of who and what we are, Lesbian Gay Bisexual Transgender Intersex Ugandans had said in a statement on Wednesday. Buturo responded by insisting that the constitution affords no rights to sexual minorities. It is not true, he said. They have been making claims that they are protected as a minority group. If we accept that homosexuals are a minority group then robbers

are going to come to us to say that we too are a minority group. The minister said that Uganda would pass a law that further criminalises homosexuality. Our current laws are weak, he said. Buturo has previously said that homosexuality threatens the future of civilisation because homosexual sex does not produce children, and called for the criminalisation of mini-skirts because they can cause traffic accidents by distracting male drivers. Countries in the region where evangelical churches are powerful have recently mounted what rights groups describe as a crackdown on homosexuals.

5
Once rights are established, governments should be expected to resist the temptation to restrict freedom of expression when criticism arises, and be vigilant in preventing law from becoming an instrument of oppression, as bills like the one under consideration in Uganda to criminalize homosexuality would do. Hillary Clinton in a speach at Georgetown University,14 December 2009

AMERICANS RESPOND

Ugandas Anti-Homosexuality Bill: The Great Divide

I share the outrage of many political, religious and civic leaders in Uganda and around the world about the anti-homosexuality bill before the Ugandan Parliament. If enacted, this inhumane bill would sanction new levels of violence against people in Uganda based solely on their gender or sexual orientation. Its passage would hurt the close working relationship between our two countries, especially in the fight against HIV/AIDS. Over the last month, I have conveyed these concerns to the State Department and directly to President Museveni, and I urge Ugandas

leaders to reject this bill.

Senator Russ Feingold,

11 December 2009
Senator Feingold is the Chairman of the U.S. Senate Foreign Relations Subcommittee on African Affairs. The anti-homosexuality legislation would broaden the definition of homosexuality under Ugandas criminal code to include touching and expand the penalties for homosexuality to include the death penalty. It would also criminalize the promotion of homosexuality, which includes work done by national and international human rights organizations to advocate on behalf of lesbian, gay, bisexual and transgender citizens.

SWEDISH DEVELOPMENT MINISTER THREATENS AID CUTS FOR UGANDA

Swedish Minister of International Development Cooperation Gunilla Carlsson said, I think it is terrible. My Secretary of State has in direct contacts with the government raised this. I myself also tried to have contacts with organizations that work for those currently targeted for repression in Uganda. I am also doubly disappointed, partly because Uganda is a country that weve had longstanding relationships with and where I had hoped and believed that we would begin to share common values and have an understanding. It is unfortunate the matter directly, but it is also offensive how the Ugandans choose to look at how we see things and how we are treated when we would like to discuss these issues, said Carlsson. Uganda is an important recipient of Swedish aid and during the 2000s, the country has received an average of more than 31 million Euros per year. If the law against homosexuals is powered through the International Development Cooperation Gunilla Carlsson believes that it will be difficult for Sweden to continue with development cooperation in its current form. It will be very difficult. We have seen in some other areas that we have been forced to channel aid in a different way, to try to work more with civil society organizations, rather than directly with governments, we are also considering to cut down on our assistance. This of course is met with reactions of the host governments as well, but it is the road that I must take, said Carlsson.

Prime Minister Gordon Brown raised the

BILL RAISED IN COMMONWEALTH

issue of proposed new laws in Uganda with the countrys president Yoweri Museveni. Mr Brown made it clear to him that he was opposed to the laws when the two men met in Trinidad. The countrys plans have caused a backlash from other Commonwealth nations and condemnation from gay rights groups who want Uganda thrown out of the Commonwealth unless they back down. A Downing Street source said: The Prime Minister did raise it and you can take it that he was not supportive of the idea. The row pits the western Commonwealth countries against some of the African nations who have often held different views on homosexuality. They often attack the west for trying to lecture them on issues of morality. Of the 53 Commonwealth member states, over 40 still criminalise same-sex relations, mostly under anti-gay laws that were originally imposed by the British government in the nineteenth century, during the period of colonial rule. An anti-gay bill in Uganda that proposes the death penalty and long prison sentences for homosexual acts is deplorable, Prime

Stephen Harper said Sunday.

Minister

Harper told reporters he met privately with Ugandan President Yoweri Museveni during the Commonwealth leaders summit to express Canadas deep concern and strong opposition to the bill. We deplore these kinds of measures, said Harper. We find them inconsistent with any reasonable understanding of human rights. The private members bill, which opponents say has Musevenis tacit approval, proposes execution for AIDS-infected gays and lesbians who have sex and makes it mandatory for all Ugandans, including family and friends, to report such sexual activity to authorities within 24 hours.

FATHER MUSAALA NAMED HOMOSEXUAL

From New Vision, 31 March 2009 Self-confessed former homosexuals yesterday accused a renown Catholic priest, Fr. Anthony Musaala, of being a homosexual. Paul Kagaba, who says he was a homosexual for eight years, told a press conference in Kampala that Musaala, a gospel music awardwinner, regularly holds parties for gays at his residence in Gayaza near Kampala. He was speaking at the press conference which was held at the anti-

Ugandas Anti-Homosexuality Bill: The Great Divide

gay crusader, Pastor Martin Ssempas Redeemed Church at Makerere. In attendance was another self-confessed reformed homosexual, George Georgina Oundo, and Pastor Solomon Male, an anti-gay activist. Musaala, however, said the reports were intended to damage his image because he was a public figure. Whatever they say, I am not gay and I will never be gay. I am only a minister of the Roman Catholic Church, he said. Yes, I have a private house in Gayaza. It is a beautiful house with gardens and I host there different kinds of parties. Different groups of people, especially those from my church, Old Kampala, also come for prayer and retreats. Basically, I use my house for prayers and retreats, said Musaala. I dont know why people say these are gay parties. He said he had counselled and helped so many people since 1999 among them gays. May be it is this pastoral care that people are considering. Musaala said it was unprofessional for anybody to make a public allegation without verification. Many people make such accusations. This is neither the first nor the last. Let them say what they want. I will challenge the accusations as they come. Musaala is renown for his moving sermons and gospel music. In 2007 he was the Pearl of Africa Music Award winner in the gospel category. Kagaba said as a homosexual he was a woman and was lured into the practice in 2000 by a primary school head teacher in Masaka district. Kagaba said he was introduced to Bishop Christopher Ssenyonjos Integrity Uganda, an organisation which advocates gay rights. I was given a job of publicity for the organisation. He said his parents saw him on television advocating gay rights and advised him to quit. I realised I was insane in whatever I was doing; I gave up homosexuality in 2008, Kagaba said. The group said some human rights and faith-based charities were also involved the promotion of homosexuality. Oundo reaffirmed the statement he made last week that he had recruited students. But we are starting a campaign to move to those schools where we had recruited children and retract the lies, Oundo said.

The Holy See continues to oppose all grave violations of human rights against homosexual persons, such as the use of the death penalty, torture and other cruel, inhuman and degrading punishment. The Holy See also opposes all forms of violence and unjust discrimination against homosexual persons, including discriminatory penal legislation which undermines the inherent dignity of the human person. As raised by some of the panelists today, the murder and abuse of homosexual persons are to be confronted on all levels, especially when such violence is perpetrated by the State. While the Holy Sees position on the concepts of sexual orientation and gender identity remains well known, we continue to call on all States and individuals to respect the rights of all persons and to work to promote their inherent dignity and worth. Statement from the

WORLD RELIGIOUS LEADERS WEIGH IN

Vatican

We, the House of Bishops of the Anglican Church of Canada, affirm that our baptismal covenant requires us to respect the dignity of every human being and to seek and serve Christ in all persons, loving our neighbour as ourselves. We further note that 1998 Lambeth Conference Resolution 1:10 called upon all bishops to reject the irrational fear of homosexual persons and to create opportunities to listen to the voice and experience of homosexual Christians. We recall that the Primates Meeting in Dromantine, Ireland 2005 condemned all persecution and violence towards homosexual persons. Clearly, the proposed Ugandan Anti-Homosexuality Bill fails to meet these standards. We therefore call upon our colleagues in the House of Bishops of the Province of Uganda to oppose this Private Members Bill. Together with our colleagues in the Conference of Bishops of the Evangelical Lutheran Church in Canada, we call upon our own Government of Canada, through the Minister of Foreign Affairs, to convey to the Government of Uganda a deep sense of alarm about this fundamental violation of human rights and, through diplomatic channels, to press for its withdrawal. Statement from the House Of Bishops Of

As of now, IRCU does not have a common on the said Bill. Under any circumstance, our services including HIV/AID interventions are open to all persons without discrimination. Inter-Religious Council of Uganda
Press Statement, 18 December 2009

The Anglican Church Of Canada

RICK WARREN DENOUNCES UGANDAS ANTI-GAY BILL UNDER PRESSURE

From Time Magazine, 10 December 2009 As an American pastor, Warren said in his statement, it is not my role to interfere with the politics of other nations, but it is my role to speak out on moral issues. He told the Ugandan pastors that the bill was unjust, extreme and un-Christian toward homosexuals. The bills requirement that Ugandans report any meeting with homosexuals to authorities, he said, would hinder the ministry of the church and force homosexuals who are HIV positive underground. He also defended the timing of his denunciation. Because I didnt rush to make a public statement, he said, some erroneously concluded that I supported this terrible bill, and some even claimed I was a sponsor of the bill. You in Uganda know that this is untrue. He added, I oppose the criminalization of homosexuality. He remained steadfast in affirming his continuing belief in traditional marriage. We can never deny or water down what Gods Word clearly teaches about sexuality, he wrote. Let me be clear that Gods Word states that all sex outside of marriage is not what God intends. But, he declared, at the same time, the church must stand to protect the dignity of all individuals as Jesus did and commanded all of us to do. In his statement, Warren sought to clear up other matters that have emerged amid the Ugandan bill controversy. He denied knowing Scott Lively, the conservative California preacher whose writings about a global gay agenda to dominate the world have inspired much of Ugandas anti-gay movement.

Pastor Warren is the author of The Purpose Driven Life and is said to have immense influence among Ugandas political lite, including the countrys First Lady Janet Museveni and Pastor Martin Ssempa
One of Rick Warrens prized achievements over the past few years has been his outreach to Africa. The influential pastor of Saddleback Church in Southern California, author of best-selling book The Purpose Driven Life, has become an influential voice in several countries on the continent, including Rwanda, Kenya and Uganda. But that prominence has recently drawn him into controversy. When the Ugandan legislature began considering a draconian anti-homosexuality bill which in one version would have punished aggravated homosexuality with death or life imprisonment Warren was castigated for not denouncing the proposed law, especially when one of its most public supporters was revealed to have been a speaker at a Saddleback-sponsored seminar.

Warren also denied being in communication with members of Ugandas Parliament about the issue, saying it was only the Archbishop of Uganda with whom he privately shared his opposition and concern. On Tuesday, the Rev. Kapya Kaoma, an Anglican pastor from Zambia and the author of a recent report on gays in Africa, said that Warren had immense influence among Ugandas political lite, counting many parliamentarians, includThe American preacher severed ties with Pastor Martin ing the countrys First Lady Janet Museveni (who is reSsempa in October but demurred from saying more, say- portedly close to Ssempa), among his friends. He eats ing it would be interfering in Ugandan politics. But after with them, he knows what goes on, they respect him, criticism grew in the U.S., Warren on Thursday released said Kaoma in a conference call. Said Warren: My influa video statement to Ugandan church leaders condemn- ence in that nation has been greatly exaggerated by the ing the proposed law. media.

Ugandas Anti-Homosexuality Bill: The Great Divide

10

Those opposed to homosexuality argue that it is un-African. They turn to Christianity - a religion that is not African and is indeed against many African traditions.

Andrew Mwenda
The Independent

11

Ogenga Latigo
opposition leader

Ugandas Anti-Homosexuality Bill: The Great Divide

12

This bill is a blow to the progress of democracy in Uganda, said David Kato of Sexual Minorities Uganda. In an attack on the freedom of expression, a new, wideranging provision would forbid the promotion of homosexuality - including publishing information or providing funds, premises for activities, or other resources. Conviction could result in up to seven years in prison. This draft bill is clearly an attempt to divide and weaken civil society by striking at one of its most marginalized groups said Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch. The bill would criminalize the legitimate work of national and international activists and organizations working for the defense and promotion of human rights in Uganda. It would also put major barriers in the path of effective HIV/AIDS prevention efforts, the groups said.

RIGHTS GROUPS ISSUE JOINT STATEMENT

Discrimination and punitive laws like this aimed at marginalized groups and at those often among the most affected by HIV drives people underground and does nothing to help slow down the AIDS epidemic, said Daniel Molokele, Africa program officer at the World AIDS Campaign. Under Ugandas existing laws, the police arbitrarily arrest and detain men and women accused of engaging in consensual sex with someone of the same sex. There are documented cases of torture or other ill-treatment against lesbians and gay men in detention because of their sexual orientation. This inflammatory bill will be taken as further confirmation that it is OK to attack or even kill people perceived to be lesbian, gay, bisexual, or transgender, said Victor Mukasa, of the International Gay and Lesbian Human Rights Commission.

13

REMARKS BY STEPHEN LEWIS, CO-DIRECTOR OF AIDS-FREE WORLD, DELIVERED AT COMMONWEALTH MEETING 24 November 2009
This is a moment of truth for the Commonwealth. The must report to the authorities or face a fine, or jail term anti-homosexuality Private Members Bill introduced into of three to ten years, or both. Can you imagine a father the parliament of Uganda, and now proceeding through or a mother turning in a son or daughter? Can you imagthe normal legislative process, puts the Commonwealths ine a teacher ratting on a student? Can you imagine a legitimacy and integrity to the test. In a fashion unmis- physician whos taken a Hippocratic oath to tend to the takable in both clarity and intent, the putative legislation sick betraying that trust because of a patients sexual orideclares war on homosexuality. entation? But thats exactly what this There are deeply offensive sodomy law requires. laws and homophobic statutes on Its profoundly ironic that the the books of many other Commoncountry thats seen as emblematic of wealth countries, particularly here success in fighting the pandemic is now in the Caribbean. But nothing is contemplating such a decisive step as stark, punitive and redolent of backwards. The effect of this legislahate as the Bill in Uganda; nothing tion will inevitably be to demonize hocomes close to such an omnibus mosexuality even further, to intensify violation of the human rights of stigma, to drive gay men and women sexual minorities. For some time underground, to terrify them in their now, Uganda has had offensive everyday lives, to diminish dramatically anti-homosexual legislation on the Let it be understood: its the prospect of counseling and testing books, but this variant, this inflamto establish HIV status, to make it virnot homosexuality that matory redesign makes of the law a tually impossible to reach homosexuspreads AIDS; its the culveritable charter of malice. als with the knowledge and education ture that brutalizes gay What is truly staggering and condoms that prevent the spread about all of this is that not a peep men and forces them under- of AIDS. And so the situation becomes of skepticism or incredulity has ground that spreads AIDS. come from President Museveni. a breeding ground for AIDS. Let it be And President Museveni is chair- Stephen Lewis understood: its not homosexuality ing the Commonwealth Heads of that spreads AIDS; its the culture that Government summit. In so doing, he makes a mockery of brutalizes gay men and forces them underground that Commonwealth principles. spreads AIDS. The prevalence rate in the general popuThe proposed legislation actually mandates the lation of Jamaica is barely 1.5%. The prevalence rate death penalty for any HIV positive gay man who has sex amongst the community of MSM is over 31%. The HIVwith another man or any HIV-positive lesbian who has positive gay men become what UNAIDS calls the classic sex with another woman. From whence do such senti- bridging population to show that theyre real men ments arise? What dark corner of the soul is at work? and protect themselves from the wrath of society, they The entire bill confounds rationality. In fact, the legisla- marry or take women as lovers so that their acquired tion has a powerfully Orwellian flavor. Section 14 has the heterosexuality is firmly on display. And then the women title Failure to disclose the offence. It requires every- get infected. The cloistered gay sexual behavior, driven by one in the entire society to report on any evidence of ho- fear and the sodomy laws, keeps them away from testing mosexuality and to do so within twenty-four hours. If it and health care and education that would diminish HIV werent so extreme, so menacing, so lunatic, it would be infection. Its a crazy equation. But the Prime Minister of the stuff of theatrical parody. Parents, teachers, doctors, Jamaica pays no heed. One can almost imagine President entrepreneurs, preachers, landlords, community health Museveni and Prime Minister Golding cozying up togethworkers, members of the media, civil society activists, er around the Commonwealth table as they share disanyone who can identify a homosexual, gay or lesbian, missive laughter about the woes of the gay community, or has reason to believe that homosexuality is lurking, while simultaneously signing the latest Commonwealth

Ugandas Anti-Homosexuality Bill: The Great Divide

14

declaration on universal human rights. The trouble is: its no laughing matter. Of the 53 countries in the Commonwealth, 40 have sodomy laws. A majority of states in the Commonwealth Caribbean have a sodomy law: its a sure recipe for the gradual, ineluctable spread of the virus. In a recent report on AIDS, UNAIDS points out that whereas HIV prevalence is less than 1% among the general population of most countries in the region, it may be between 5 and 20 times higher among men who have sexwith men. In its Epidemic Update for 2009, issued just today, UNAIDS reemphasizes the alarming rates of transmission amongst the MSM populations in the Caribbean. By way of direct comparison with the Caribbean, every single country in Latin America has removed punitive legislation directed at homosexuals, making the prevention and treatment of AIDS vastly more accessible. Africa is another throw-

back. Weve finally reached the point where the epidemiologists are chronicling the spread of AIDS within the homosexual population of the continent. Until now, the subject was taboo the possibility of gayness was rejected out of hand. But UNAIDS provides this disturbing quote: A recent literature review of HIV infection among men who have sex with men in Africa identified 19 surveys published through May 2009 from 13 countries, in addition to several unpublished works, highlighting the expansion of available data. For each country, the HIV prevalence among men who have sex with men was higher than among the adult male population. In this context, its positively criminal to table a parliamentary bill like that of Uganda. Its one thing to talk about the promotion of the traditional family as the author of the Bill does ad nauseam; its quite another thing to incite the promotion of disease and murder.

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Ugandas Anti-Homosexuality Bill: The Great Divide

16

17

DR. SYLVIA TAMALES HUMAN RIGHTS IMPACT ASSESSMENT OF THE ANTI-HOMOSEXUALITY BILL
November 18, 2009, Makerere University I have scrutinized the bill thoroughly and the Honourable Member of Parliament David Bahati will be surprised to learn that I share some of his convictions. For example, Hon. Bahati I share your desires as expressed in the preamble to the bill: 1. To strengthen the nations capacity to deal with emerging internal and external threats to the family unit. It is nevertheless important to point out that most of these can hardly be realized through the regulatory mechanism of the law. 2. To protect the cherished culture of the people of Uganda, particularly the positive aspects of it. 3. To protect Ugandan children and youth who are vulnerable to sexual abuse and exploitationwhether the abuse is hetero- and homosexual. blood-related kin were considered the best unions among the Bahima here in Uganda; b) There is the phenomenon of chigadzamapfihwa where the family of a barren wife among the Ndaus of Zimbabwe would donate her brothers daughter to her husband to become a co-wife and bear children on behalf of the barren woman; c) Practices of non-sexual woman-to-woman marriages among various African customs e.g., the Nandi and Kisii of Kenya, the Igbo of Nigeria, the Nuer of Sudan and the Kuria of Tanzania for purposes of coping with various reproductive, social and economic problems; and; d) Levirate marriages where a man inherits his dead brothers wife were a customary requirement in many African communities.

While these may have been cultural practices at some point in I do not have the time and space our history, it is also important to this afternoon to engage in a detailed sociological dis- recognize that family institutions all over the world are cussion of the concept that the bill refers to as the undergoing rapid transformation. The changes that we Traditional African Family. However, it is my humble see in this basic unit of society are the result of many opinion that the concept needs to be unpacked and factors including, economic crises, an increasing numscrutinized. Mr. Chairperson as you very well know, ber of working mothers, technological advancements, Africa is a vast continent with an extremely rich and armed conflicts, natural disasters, globalization, midiverse cultural history. Indeed it would be next to im- gration, the HIV/AIDS pandemic, etc. Many of these possible to mark a particular institution as the one and changes and indeed the evolution of culture cannot be only Traditional African Family. halted, certainly not through law.

As you very well know, Africa is a vast continent with an extremely rich and diverse cultural history. Indeed it would be next to impossible to mark a particular institution as the one and only Traditional African Family.

Dr. Sylvia Tamale

I will cite just a few examples to demonstrate that matrimonial relations among various African communities have differed a great deal: a) While marriage between first cousins was traditionally taboo among the Baganda, marriages among

Perhaps the undisputed value that is a common denominator in all traditional institutions of the family in Africa is the group solidarity that we have embedded in our extended family networks. Unfortunately, the support, stability, love and respect that were the hall-

Ugandas Anti-Homosexuality Bill: The Great Divide mark of this family model are rapidly being eroded and will soon become history.

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of orphans due to AIDS at 2 million. h) The all-powerful patriarchs that demand total submission and rule their households with an iron hand. Thus, while I agree with you Hon. Bahati that we must i) Rising poverty levels and growing food insecurity seek ways of dealing with issues that threaten our fami- which lead to hunger, disease, suffering and undignified lies, I do not agree that homosexuality is one of those living. Figures from the latest report from the Uganda issues. Mr. Chairperson, Ladies and gentlemen, what Bureau of Statistics show that over 60% of Ugandans issues currently threaten our families here in Uganda? living in rural areas live below the poverty line. I will name a few: a) Blood thirsty Ugandans I do not see how two people and traditional healers that who are in a loving relationThe idea of destroying homobelieve that their good forship and harming no one pose sexuality came from colonialists. tune will multiply through a threat to the family simply In other words, homosexuality rituals of child sacrifice. because they happen to be of b) Rapists and child molestthe same sex. The argument was not introduced to Africa from ers who pounce on unsusthat homosexuality is a threat Europe as many would want us pecting family members. to the continuity of humanto believe. Rather, Europe imResearch undertaken by kind and that it will lead to the ported legalized homophobia to the NGO, Hope after Rape extinction of human beings Africa. (HAR) shows that over 50% in the world simply does not of child sexual abuse rehold water because there are Dr. Sylvia Tamale ports involve children betoo many heterosexuals in the low 10 years of age, and the world for that to become a reperpetrators are heterosexual men who are known to ality. How many of you in this room would convert to the victims. homosexuality any time soon?... So, just as the priests, c) Sexual predators that breach the trust placed in them nuns and monks who are sworn to a life of celibacy will as fathers, teachers, religious leaders, doctors, uncles not cause the extinction of humanity, homosexuals will and sexually exploit young girls and boys. A 2005 re- not either. port by Raising Voices and Save the Children revealed that 90% of Ugandan children experienced domestic II. Lessons from History violence and defilement. d) Abusive partners who engage in domestic violence Anyone who cares to read history books knows very whether physical, sexual or emotional. The 2006 na- well that in times of crisis, when people at the locus of tional study on Domestic Violence by the Law Reform power are feeling vulnerable and their power is being Commission confirmed the DV was pervasive in our threatened, they will turn against the weaker groups in communities. 66% of people in all regions of Uganda society. They will pick out a weak voiceless group on reported that DV occurred in their homes and the ma- whom to heap blame for all societys troublesrefujority of the perpetrators were male heads of house- gees, displaced populations, stateless persons aka illeholds. The Uganda Demographic Health Survey of gal immigrants, minorities with no status, children, the 2006 put the figure slightly higher at 68%. poor, the homeless, commercial sex workers, etc. I will e) Parents who force their 14-year old daughters to get offer a few examples to illustrate this point: married in exchange for bride price and marriage gifts. a) In Uganda, colonialists at various times blamed tradif) A whole generation of children who were either born tional chiefs and elders as well as Muslims as the main and bred in internally displaced persons (IDP) camps impediments to progress and civilization. or abducted by the Lords Resistance Army (LRA) in the Dictator Idi Amin blamed Asians for Ugandas dire econorthern sub-region of Kitgum, Gulu and Pader dis- nomic problems and expelled all Indians in the early tricts. 1970s. g) The millions of children orphaned by HIV/AIDS. The b) When Milton Obotes political power was threatened Uganda Aids Commission puts the cumulative number during his second regime in the early 1980s he emContinued on next page

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barked on a deliberate campaign of hostility towards refugees in Uganda, particularly those of Rwandese extract. Obotes persecution of the Banyarwanda in Uganda and the whipping up of anti-Rwandese sentiments included the constant reference to his political opponent, Yoweri Museveni as a foreigner from Rwanda. c) In the 20 years that northern Uganda faced armed conflict, the NRM administration pointed fingers at Kony and the LRA was blamed for all the atrocities and suffering of the people in the north. d) The transmission of HIV/AIDS at various points in our history has been blamed on different weak constituents including commercial sex workers, truck drivers, young women aged 15-23, and mothers to babies. e) When native South Africans faced dire economic crisis they turned against black foreigners, blaming them for the high unemployment rates and sparking off brutal xenophobic attacks against helpless immigrants/migrants and refugees in May 2008. The lesson drawn from these chapters in our recent history is that today it is homosexuals under attack; tomorrow it will be another exaggerated minority. Homosexuality has troubled people for a very long time. Some religions find it distressing and there are many debates around it. Mr. Chairperson and distinguished participants where did the idea of destroying homosexuality come from? As his excellency President Museveni pointed out at the inaugural Young Achievers Awards Ceremony last weekend, homosexuals existed prior to the coming of Europeans to Uganda. According to the President: They were not persecuted but were not encouraged either (Daily Monitor Nov 16, 2009 at p.2). The idea of destroying homosexuality came from colonialists. In other words, homosexuality was not introduced to Africa from Europe as many would want us to believe. Rather, Europe imported legalized homophobia to Africa. Homosexuality was introduced as an offence in Uganda directly through laws that were imported from Britain during colonialism. And what did these same colonialists think of the African traditional family in Uganda? They certainly did not introduce sodomy laws in order to protect the traditional African family. In fact they believed that the traditional African family was inferior to their nuclear monogamous one and considered the former barbarous and repugnant to good conscience and morality. This colonial attitude was well exemplified in the infamous 1917 case of R. v. Amkeyo, in which Justice Hamilton dismissed customary marriages as mere wife purchase. Today, with all the economic, social and political crises facing Uganda, homosexuals present a convenient group to point fingers at as the biggest threat or the real problem to society. Mr. Chairperson, ladies and gentlemen, the re-criminalisation of homosexuality is meant to distract the attention of Ugandans from the real issues that harm us. It conveniently diverts the attention of the millions of Ugandans who have been walking the streets for years with their college certificates and no jobs on offer. Ladies and gentlemen, homosexuals have nothing to do with the hundreds of thousands of families that sleep without a meal or the millions of children who die unnecessarily every day from preventable or treatable diseases such as malaria, diarrhea, measles, pneumonia, etc. Homosexuals are not the ones responsible for the lack of drugs and supplies at primary health care centres. III. The Social Implications of the Bill to the Average Ugandan You may think that this bill targets only homosexual individuals. However, homosexuality is defined 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 (both hetero and homosexuals) at great risk. Such a provision would make it very easy for a person to witch-hunt or bring false accusations against their enemies simply to destroy their reputations and cause scandal. We all have not forgotten what happened to Pastor Kayanja and other men of God in the recent past. Moreover, the bill imposes a stiff fine and term of imprisonment for up to three years for any person in authority over a homosexual who fails to report the offender within 24 hours of acquiring such knowledge. Hence the bill requires family members to spy on one another. This provision obviously does not strengthen the family unit in the manner that Hon. Bahati claims his bill wants to do, but rather promotes the breaking up of the family. This provision further threatens relationships beyond family members. What do I mean? If a gay person talks to his priest or his doctor in confidence, seeking advice, the bill requires that such person breaches their trust and confidentiality with the gay individual and immediately hands them over to the police within 24 hours. Failure

Ugandas Anti-Homosexuality Bill: The Great Divide to do so draws the risk of arrest to themselves. Or a mother who is trying to come to terms with her childs sexual orientation may be dragged to police cells for not turning in her child to the authorities. The same fate would befall teachers, priests, local councilors, counselors, doctors, landlords, elders, employers, MPs, lawyers, etc. Furthermore, if your job is in any way related to human rights activism, advocacy, education and training, research, capacity building, and related issues this bill should be a cause for serious alarm. In a very undemocratic and unconstitutional fashion, the bill seeks to silence human rights activists, academics, students, donors and non-governmental organizations. If passed into law it will stifle the space of civil society. The bill also undermines the pivotal role of the media to report freely on any issue. The point I am trying to make is that we are all potential victims of this draconian bill. Dr. Martin Luther King Jr. told us many years ago, Power at its best is love implementing the demands of justice, and justice at its best is love correcting everything that stands against love. Article 1 of the Universal Declaration of Human Rights instructs us: All Human Beings are Born Free and Equal in Dignity and Rights. Many great people that we respect and admire have spoken out for the rights of homosexuals. These include international award winners and champions of freedom and humanityPresident Nelson Mandela, Archbishop Desmond Tutu and President Barack Obama. Just yesterday, it was reported that former president of Botswana, Festus Mogae added his voice to those who have come out in opposition to the Bahati Bill (Daily Monitor, November 17, 2009 at p.10). We must remember that the principal message at the heart of all religions is one of LOVE (And now these three remain: faith, hope and love. But the greatest of these is love- 1 Corinthians 13: 13). All religions teach the virtues of tolerance and urge their followers to desist from passing judgment. Ladies and gentlemen, this bill promotes hatred, intolerance, superiority and violence. Even if you believe that homosexuality is a sin, this bill is not the best method to address the issue. It is valid to have religious and spiritual anxieties but our jurisprudence has a long history of separating the institutions of religion from the law. The law, Mr. Chairperson, does not seek to ally any legal principle with a particular religion. Mr. Stephen Langa is free to deliver his lectures on morality but it is unacceptable to reduce what his is preaching into law. In my final submission I want to turn to a legal analysis of this bill.

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TAMALE DISSECTS BILLS LEGAL IMPLICATIONS

The Anti-Homosexuality bill has a total of 18 clauses. Twelve of these 18 clauses (i.e. 67%) are not new at all as they simply replicate what we already have on our law books. So the first point I want to highlight is that Parliament has been given a bill two-thirds of whose content duplicates existing laws. Clause 13 which attempts to outlaw the Promotion of Homosexuality is very problematic as it 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 a member of parliament 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 criminalizing the funding and sponsoring of homosexuality and related activities, the bill deals a major blow to Ugandas public health policies and efforts. Take for example, the Most At Risk Populations Initiative (MARPI) introduced by the Ministry of Health in 2008, which targets specific populations in a comprehensive manner 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 clause further undermines civil society activities by threatening the fundamental rights of NGOs and the use of intimidating tactics to shackle their directors and managers. Perhaps the most shocking aspect of this bill is Clause 18, which requires Uganda to opt out of any international treaty that we have previously ratified that goes against the spirit of the bill. Article 287 of the Constitution obliges Uganda to fully subscribe to all its international treaties obligations ratified prior to the passing of the 2005 constitution. We cannot legislate or simply wish these obligations away. Indeed, international law prohibits us from doing such a thing.

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EIGHT MEN PUBLICLY ABANDON HOMOSEXUALITY

From the New Vision, 25 March 2009 EIGHT more men yesterday confessed involvement in homosexuality and gay activities, which they said they had abandoned. Speaking to journalists at the Grand Imperial Hotel in Kampala, the youthful men described homosexuality as abnormal and anti-Christian, and declared war against it. The tough-talking men were accompanied by George Oundo, who earlier in the week denounced homosexuality and confessed recruiting school children into the practice. We have been involved in recruiting homosexuals, spreading the gospel of homosexuality, and we know the operations of homosexuals, said 27year-old Emma Matovu, who took to homosexuality 13 years ago. We shall do all it takes to eliminate the practice in Uganda. Matovu, who said he abandoned the practice two weeks ago, asserted: Homosexuality is dangerous and dehumanising but is growing fast in Uganda. He urged the Government and all concerned citizens to wake up now before this abnormal practice is made to appear normal as the case has been in the West. Another former homosexual, Charles Asiimwe, said the practice had spread to government offices, churches, schools and hotels. Many business moguls are involved, Asiimwe said. Oundo said the eight men would fight the vice because they were victims with a tormenting experience. We shall expose those who refuse to abandon the practice and we shall not be intimidated because we are protected by Jesus, he asserted. We know their operations, including a restaurant in the city centre where homosexuals wait for clients from nearby hotels. He urged his former partners to abandon the practice, saying Uganda should become a role model in fighting the barbarism.

US TV HOST INTERVIEWS EX-GAY CITED BY BILLS BACKERS

The following is the transcript of Rachel Maddows recent interview with controversial ex-gay therapist Richard Cohen on MSNBC. Rachel Maddow: The subject of the interview is the head of a group called the International Healing Foundation, and all reporting on a proposed law to execute people for being gay in Uganda. In March, the International Healing Foundation, which is based in Maryland, sent one of its staffers to Uganda to speak to parliament there and to speak at a conference organized by the main promoter of the kill-thegays bill. His message was that gay people are gay by choice and a gay person who wants to be straight can be straight. After the conference in April, the conference organizer arranged for an anti-homosexuality petition to be delivered to the Ugandan parliament. And within a month, on April 29th, the kill-the-gays bill had been introduced. Mr. Cohen is also head of the International Healing Foundation, which purports to be able to turn gay people straight. Mr. Cohen, thank you very much for being with us tonight. I really appreciate your time. Maddow: Are you troubled at all to see Stephen Langa holding your book up and citing Coming Out Straight as inspiration? He is the main proponent of the kill-the-gays bill. Richard Cohen: Well, if you listen to his words, he only said that I was teaching about some of the causes, what we believe are the causes of homosexuality. We believe that nobodys born this way. You keep saying we think people choose to be gay. We do not believe that. I believe that, psychologically, there are many causes to this phenomena, which means change is possible. So we are not a political organization. Were a therapeutic, counseling organization who provides help to men and women with unwanted same-sex attraction and their family members. We do not believe in this legislation, Rachel. We believe in tolerance and love for all people. Maddow: But you have told them, particularly in your book, Coming Out Straight, which I understand you donated multiple copies of to this organization thats promoting this bill. Youre telling them exactly what they need to hear in order to justify the kill-the-gays bill. I mean, your book portrays gay people as predators who must be stopped to protect the innocent.

Ugandas Anti-Homosexuality Bill: The Great Divide

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molest children than heterosexuals. Homosexual teachCohen: Oh, no, no, no. ers are at least seven times more likely to molest a pupil. Homosexual teachers are estimated to have committed Maddow: It doesnt? at least 25 percent of pupil molestation; 40 percent of molestation assaults were made by those who engage in Cohen: No, no, no. Not at all. And in fact, Caleb told me homosexuality. This is the claim that you make in your he, with passion, shared to these people what he expe- book that exactly feeds these folks who want to execute rienced as a homosexual man and as you heard Stephen people for being gay, what they need in order to justify Langa say, that people are searching for love. that. Do you stand by what you said in your book? Maddow: Let me try to make more comprehensible to you. The legislator who sponsored the bill told the Associated Press today, that he insists these strict measures - which I know you abhor - but these strict measure theyre proposing, including execution, are necessary in their country to prevent homosexuals from recruiting school children. Cohen: Yes. Cohen: Actually, you know, that one particular quote, when I do republish it, reprint it, we will extract that from it, because we dont want such things to be used against homosexual persons. Maddow: That quote is cited - you cite somebody named Paul Cameron as the source of that book. Cohen: Yes.

Maddow: Let me ask - Ill just read from your book, OK? Maddow: Paul Cameron has been kicked out of the Page 49, Homosexuals are at least 12 times more likely to American Psychological Association, the Nebraska Psychological Association, and the Canadian Psychological Association. Cohen: Yes. Right. Maddow: Then, he tried to make himself a sociologist. He got kicked out of the American Sociological Association. This is - I know you say youre not going to include it in edition three. Im reading from the second edition here. Cohen: Right. Maddow: But this is made-up information, fake authoritative stuff that, in other countries, is being taken as science and used to justify quite literally killing gay people. Do you see now why youre being used in a political context here?

Richard Cohen is the author of Coming Out Straight and the head of the International Healing Foundation, which purports to turn gay people straight. His book has been cited by anti-gay activist Stephen Langa as evidence that homosexuality is a chosen lifestyle.

Cohen: I see that theyre using it, but you took that one little quote out of a 300page book. Maddow: Yes.

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ANTI-GAY BIGOTS PLUNGE AFRICA INTO NEW ERA OF HATE CRIMES

Uganda is likely to pass a law within months that will make homosexuality a capital offence, joining 37 other countries in the continent where American evangelical Christian groups are increasingly spreading bigotry
From The Guardian, 13 December 2009

Learned behaviour can be unlearned, said Da- schools. We must stop the recruitment and secure vid Bahati. You cant tell me that people are born the future of our children. gays. It is foreign influence that is at work. There is wide support for Bahatis law which, while Bahati has just presented his anti-homosexuality being an extreme piece of anti-gay legislation, is bill 2009 to Ugandas parliament. The bill, which not unique. As far as gay rights are concerned, it will be debated within a fortnight and is expected would appear that much of Africa is going backto become law by February, will allow homosexu- wards. Nigeria has a similar bill waiting to reach its ality to be punishable by death. statute books and already allows the death penalty for homosexuality in northern states, as does SuMost people have misunderstood the bill, Ba- dan. Burundi criminalised homosexuality in April hati told the Observer. The section of the death this year, joining 37 other African nations where penalty relates to defilement by an adult who is gay sex is already illegal. Egypt and Mali are creephomosexual and this is consistent with the law ing towards criminalisation, using morality laws on defilement which was passed in 2007. The against same-sex couples. whole intention is to prevent the recruitment of under-age children, which is going on in single-sex He denied reports that international pressure

ARCHBISHOP OF CANTERBURY HEEDS PETITION

The Archbishop of Canterbury, Rowan Williams, has for the first time, publicly expressed his opposition to the Anti-Homosexuality Bill. His statement follows weeks of pressure, numerous calls for him to speak out and a petition signed by thousands urging him to condemn the Bill. Overall, the proposed legislation is of shocking severity, said Rowan Williams in an interview with todays Daily Telegraph, And I cant see how it could be supported by any Anglican who is committed to what the Communion has said in recent decades. He added that Apart from invoking the death penalty, it makes pastoral care impossible it seeks to turn pastors into informers. On 3 December, the Archbishops office had insisted that he was working behind the scenes to influence the Anglican Church in Uganda, which has still not taken a position on the Bill. They said that his discussions on the issues would be intensive but private. Meanwhile, a petition urging Christian leaders, and Williams in particular, to oppose the Bill has attracted over 3,000 signatures, including those of priests and ministers in Britain, Africa and elsewhere. The Archbishops comments are very welcome, not least because of the importance of Anglicanism in Uganda, said Symon Hill, associate director of the religion and society thinktank Ekklesia, who started the petition. He said, Rowan Williams has demonstrated his willingness to listen to thousands of people from around the world. Other church leaders and Christian groups can demonstrate the same trait by joining him in opposing this legislation. Hill added that Christians with a range of views on sexual ethics have united in opposition to this draconian Bill. Those who refuse to speak out may effectively be giving up any claim to be taken seriously in debates on sexuality.

Ugandas Anti-Homosexuality Bill: The Great Divide

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Bahati said yesterday that he regretted Warrens retreat. Its unfortunate that a man of God who has inspired many people across the world can might result in parts of the bill being toned down. give in to pressure and disappoint them. We are not going to yield to any international pressure ? we cannot allow people to play with the In Entebbe last week, 200 religious leaders, unfuture of our children and put aid into the game. der the powerful umbrella group Inter-Religious We are not in the trade of values. We need mutual Council of Uganda, demanded diplomatic ties be severed with ungodly donor countries, includrespect. ing the UK, Sweden and Canada, who are bent on But many suspect that it was outsiders who in- forcing homosexuality on Ugandans. spired this bill in the first place. In March, Bahati met several prominent anti-gay US Christian activ- Joshua Kitakule, the councils secretary-general, ists who attended a conference in Uganda where said: Those countries should respect our spiritual they pledged to wipe out homosexuality. The values. They shouldnt interfere. All senior religious conference featured Scott Lively, president of leaders have been given copies of the bill to read Californias anti-gay Abiding Truth Ministries and and educate people in churches and mosques. co-author of The Pink Swastika, a book claiming that leading Nazis were gay. Also there was Don For Ugandans such as Pastor Martin Ssempa, who Schmierer, on the board of Exodus International, organises anti-gay rallies, the bill brings legitimate which promotes the ex-gay movement, believ- moral force to bear on the corrupting influence ing people can change their sexuality and be re- from western societies. deemed. The third extremist evangelical to attend was Caleb Lee Brundidge, who is linked to Richard For developing nations, the attraction of right-wing Cohen who believes that psychotherapy can cure organisations with dollars to spend, combined with fears over a creeping westernisation of societies, homosexuality. is increasing the demonisation of gay people. Bahatis bill was drawn up within weeks of the conference, but it has only just begun to cause waves In 2004, Ruben del Prado, co-ordinator of the Joint within Americas powerful evangelical community. United Nations programme on HIV/AIDS in UganLegalising killing gay people has triggered a bad da, was prematurely transferred out of the country after he held meetings with lesbian and gay groups press for the bill. about preventing HIV/AIDS. The Ugandan governLively released a half-hearted condemnation: It ment later accused him of holding secret meetings should be no surprise? that modern Ugandans are with undesirable groups. Since then, NGOs and aid very unhappy that homosexual political activists officials have kept silent. from Europe and the US are working aggressively

In Entebbe last week, 200 religious leaders, under the powerful umbrella group Inter-Religious Council of Uganda, demanded diplomatic ties be severed with ungodly donor countries, including the UK, Sweden and Canada, who are bent on forcing homosexuality on Ugandans.

to rehomosexualise their nation. The Ugandan law, he said, was unacceptably harsh, but he praised those who drafted it. If the offending sections were sufficiently modified, the proposed law would represent an encouraging step in the right direction? it would deserve support from Christian believers.

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John Nagenda

presidential advisor

Ugandas Anti-Homosexuality Bill: The Great Divide

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THE EUROPEAN PARLIAMENT FIRMLY DENOUNCES UGANDAS ANTI-HOMOSEXUALITY BILL

The plenary session of the European Parliament today adopted a resolution strongly condemning the Anti-Homosexuality Bill 2009 tabled by David Bahati MP in the Ugandan Parliament. Joining widespread international outcry from the British, French and Swedish governments as well as the White House, the European Parlia-

chael Cashman MEP, Co-president of the European Parliaments Intergroup on LGBT Rights, praised the move: The European Parliament is committed to promoting democracy and the human rights of all citizens in the countries it works with; Uganda is about to dishonour its moral leadership and its people by going against universally-agreed human rights. Recently returned from a diplomatic mission in Angola and Botswana, he continued: The Ugandan government must ask David Bahati MP to withdraw the draft bill that will kill, imprison and fine Ugandans, simply for being who they are. This bill is uncivilised and unacceptable to all decent people. Ulrike Lunacek, Co-president of the European Parliaments Intergroup on LGBT Rights, added: Homosexuality has always existed and will always exist in Africaas everywhere else. Homosexuality is nothing un-African, as some African leaders wrongly claim. That is why lesbian, gay, bisexual and transgender people need protection and acceptance, not hate legislation. In the plenary debate, the European Commission also expressed their deep concern regarding recent developments in Uganda. Anglican, Catholic and Evangelist representatives also recently spoke out against the bill in Uganda, and the criminalisation of homosexuality in general.

The text further calls on the European Commission and Council to reconsider European aid to Uganda should the text pass in the Parliament (representing USD 275M annually, or 16.6% of Ugandas total official development aid).
ment officially calls on Ugandan authorities not to approve the bill and to review their laws to decriminalize homosexuality. The resolution reminds the Ugandan government of its legally-binding obligations under international treaties, including the Cotonou Agreement, as well as its inability to withdraw from ratified international human rights treaties. The text further calls on the European Commission and Council to reconsider European aid to Uganda should the text pass in the Parliament (representing USD 275M annually, or 16.6% of Ugandas total official development aid). Mi-

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APPENDIX
THE ANTI-HOMOSEXUALITY BILL, 2009
1.1. The principle The object of this Bill is to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting (i) any form of sexual relations between persons of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions and other places through or with the support of any Government entity in Uganda or any non governmental organization inside or outside the country. This Bill aims at strengthening the nations capacity to deal with emerging internal and external threats to the traditional heterosexual family. on unnatural offences under section 145 and lacks provisions for penalizing the procurement, promoting, disseminating literature and other pornographic materials concerning the offences of homosexuality hence the need for legislation to provide for charging, investigating, prosecuting, convicting and sentencing of offenders. This legislation comes to complement and supplement the provisions of the Constitution of Uganda and the Penal Code Act Cap 120 by not only criminalizing same sex marriages but also same-sex sexual acts and other related acts.

This legislation further recognizes the fact that same sex attraction is not an innate and immutable charac- 3.0. The objectives of the Bill teristic. The objectives of the Bill are to: The Bill further aims at providing a comprehensive and (a) provide for marriage in Uganda as that contracted enhanced legislation to protect the cherished culture only between a man and a woman; of the people of Uganda, legal, religious, and tradition- (b) prohibit and penalize homosexual behavior and real family values of the people of Uganda against the at- lated practices in Uganda as they constitute a threat to tempts of sexual rights activists seeking to impose their the traditional family; values of sexual promiscuity on the people of Uganda. (e) prohibit ratification of any international treaties, conventions, protocols, agreements and declarations There is also need to protect the children and youths which are contrary or inconsistent with the provisions of Uganda who are made vulnerable to sexual abuse of this Act; and deviation as a result of cultural changes, uncen- (d) prohibit the licensing of organizations which prosored information technologies, parentless child devel- mote homosexuality. opmental settings and increasing attempts by homosexuals to raise children in homosexual relationships 3.1. Part I of the Bill incorporating clause 1 provides through adoption, foster care, or otherwise. for preliminary matters relating to interpretation of the words and phrases used in the Bill. 2.1. Defects in existing law 3.2. Part II of the Bill incorporating clause 2 to 6 proThis proposed legislation is designed to fill the gaps in hibits homosexuality and related practices by introducthe provisions of other laws in Uganda e.g. the Penal ing the offences of engaging in homosexuality, and the Code Act Cap. 120. penalties of imprisonment upon conviction. This part also provides for protection, assistance and support The Penal Code Act (Cap 120) has no comprehensive for victims of homosexuality. provision catering for anti homosexuality. It focuses

Ugandas Anti-Homosexuality Bill: The Great Divide 3.3. Part III of the Bill incorporating clause 7 to clause 14 creates offences and penalties for acts that promote homosexuality, failure to report the offence and impose a duty on the community to report suspected cases of homosexuality. 3.4. Part IV of the Bill incorporating clause 15 to clause 17 provides for the jurisdiction of Uganda Courts in case of Homosexuality, including extra territorial jurisdiction. 3.5. Part V of the Bill incorporating clauses 18 and 19 provides for miscellaneous provisions on International Treaties, Protocols. Declarations and conventions and the Minister to make regulations to give effect to the Act. Schedule of the Bill gives the value of the currency point. HON. DAVID BAHATI, Member of Parliament, Ndorwa County West Kabale [Table of contents omitted] A BILL FOR AN ACT ENTITLED THE ANTI-HOMOSEXUALITY ACT, 2009. An Act to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters. BE IT ENACTED by Parliament as follows: PART I PRELIMINARY. I. Interpretation In this Act. unless the context otherwise requires authority means having power and control over other people because of your knowledge and official position; and shall include a person who exercises religious. political, economic or social authority; bisexual means a person who is sexually attracted to

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both males and females; child means a person below the age of 18 years; currency point has the value assigned to it in the Schedule to this Act; disability means a substantial limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation; felony means an offence which is declared by law to be a felony or if not declared to be a misdemeanor is punishable without proof of previous conviction, with death or with imprisonment for 3 years or more; gay means a male person who engages in sexual intimacy with another person of the same sex; gender means male or female; HIV means the Human Immunodeficiency Virus; homosexual means a person who engages or attempts to engage in same gender sexual activity; homosexuality means same gender or same sex sexual acts; lesbian means a female who engages in sexual intimacy with another female; Minister means the Minister responsible for ethics and integrity; misdemeanor means an offence which is not a felony; serial offender means a person who has previous convictions of the offence of homosexuality or related offences; sexual act includes (a) physical sexual activity that does not necessarily culminate in intercourse and may include the touching of anothers breast, vagina, penis or anus: (b) stimulation or penetration of a vagina or mouth or anus or any part of the body of any person, however slight by a sexual organ; (c) the unlawful use of any object or organ by a person on another persons sexual organ or anus or mouth; sexual organ means a vagina, penis or any artificial sexual contraption; touching includes touching (a) with any part of the body; (b) with anything else; (c) through anything; and in particular includes touching amounting to penetration of any sexual organ, anus or mouth. victim includes a person who is involved in homosexual activities against his or her will.

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viction to imprisonment seven years. (2) A person who attempts to commit the offence of aggravated homosexuality commits an offence and is liable on conviction to imprisonment for life. 5. Protection, assistance and payment of compensation to victims of homosexuality (1 ) A victim of homosexuality shall not be penalized for any crime committed as a direct result of his or her involvement in homosexuality. (2) A victim of homosexuality shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the criminal proceedings. (3) Where a person is convicted of homosexuality or aggravated homosexuality under sections 2 and 3 of this Act, the court may, in addition to any sentence imposed on the offender, order that the victim of the offence be paid compensation by the offender for any physical, sexual or psychological harm caused to the victim by the offence. (4) The amount of compensation shall be determined by the court and the court shall take into account the extent of harm suffered by the victim of the offence, the degree of force used by the offender and medical and other expenses incurred by the victim as a result of the offence. 6. Confidentiality (1) At any stage of the Investigation or trial of an offence under this Act, law enforcement officers, prosecutors, judicial officers and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the victim. (2) For the purpose of subsection (1), in cases involving children and other cases where the court considers it appropriate, proceedings of the court shall be conducted in camera, outside the presence of the media. (3) Any editor or publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer or director of a film in case of the movie industry, or any person utilizing trimedia facilities or information technology who publishes or causes the publicity of the names and personal circumstances or any other information tending to establish the victims identity without authority of

PART II HOMOSEXUALITY AND RELATED PRACTICES. 2. The offence of homosexuality (1) A person commits the offence of homosexuality if(a) he penetrates the anus or mouth of another person of the same sex with his penis or any other sexual contraption; (b) he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex; (e) he or she touches another person with the intention of committing the act of homosexuality. (2) A person who commits an offence under this section shall be liable on conviction to imprisonment for life. 3. Aggravated homosexuality (1) A person commits the offense of aggravated homosexuality where the(a) person against whom the offence is committed is below the age of 18 years; (b) offender is a person living with HIV; (c) offender is a parent or guardian of the person against whom the offence is committed; (d) offender is a person in authority over the person against whom the offence is committed; (e) victim of the offence is a person with disability; (f) offender is a serial offender, or (g) offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to stupefy or overpower him or her so as to there by enable any person to have unlawful carnal connection with any person of the same sex. (2) A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer death. (3) Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status. 4. Attempt to commit homosexuality (1) A person who attempts to commit the offence of homosexuality commits a felony and is liable on con-

Ugandas Anti-Homosexuality Bill: The Great Divide court, commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points. PART III RELATED OFFENCES AND PENALTIES 7. Aiding and abating homosexuality A person who aids, abets, counsels or procures another to engage in acts of homosexuality commits an offence and is liable on conviction to imprisonment for seven years. 8. Conspiracy to engage in homosexuality A person who conspires with another to induce another person of the same sex by any means of false pretence or other fraudulent means to permit any person of the same sex to have unlawful carnal knowledge of him or her commits an offence and is liable on conviction to imprisonment for seven years. 9. Procuring homosexuality by threats, etc.

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or place of any kind for the purposes of homosexuality commits an offence and is liable on conviction to imprisonment for seven years. 2) A person being the owner or occupier of premises or having or acting or assisting in the management or control of the premises, induces or knowingly suffers any man or woman to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man or woman of the same sex whether such carnal knowledge is intended to be with any particular man or woman generally, commits a felony and is liable on conviction to imprisonment for five years. 12. Same sex marriage A person who purports to contract a marriage with another person of the same sex commits the offence of homosexuality and shall be liable on conviction to imprisonment for life. 13. Promotion of homosexuality

(1) A person who (a) participates in production. procuring, marketing, (1) A person who broadcasting, disseminating, publishing pornographic (a) by threats or intimidation procures or attempts to materials for purposes of promoting homosexuality; procure any woman or man to have any unlawful car- (b) funds or sponsors homosexuality or other related nal knowledge with any person of the same sex, either activities; in Uganda or elsewhere; (c) offers premises and other related fixed or movable (b) by false pretences or false representations pro- assets for purposes of homosexuality or promoting hocures any woman or man to have any unlawful carnal mosexuality; connection with any person of the same sex, either in (d) uses electronic devices which include internet, Uganda or elsewhere; or films, mobile phones for purposes of homosexuality or (2) A person shall not be convicted of an offence un- promoting homosexuality and; der this section upon the evidence of one witness only, (e) who acts as an accomplice or attempts to promote unless that witness is corroborated in some material or in any way abets homosexuality and related practicparticular by evidence implicating the accused. es; commits an offence and is liable on conviction to a fine of five thousand currency points or imprisonment 10. Detention with intent to commit homosexuality. of a minimum of five years and a maximum of seven years or both fine and imprisonment. A person who detains another person with the inten- (2) Where the offender is a corporate body or a busition to commit acts of homosexuality with him or her- ness or an association or a non-governmental organizaself or with any other person commits an offence and tion, on conviction its certificate of registration shall be is liable on conviction for seven years. cancelled and the director or proprietor or promoter shall be liable on conviction to imprisonment for seven 11. Brothels years. (1) A person who keeps a house, room,set of rooms 14. Failure to disclose the offence

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A person in authority, who being aware of the commission of any offence under this Act, omits to report the offence to the relevant authorities within twenty-four hours of having first had that knowledge, commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding three years. PART IV JURISDICTION 15. Jurisdiction Save for aggravated homosexuality that shall be tried by the High Court, the magistrates court shall have jurisdiction to try the other offences under this Act. 16. Extra-Territorial Jurisdiction This Act shall apply to offenses committed outside Uganda where (a) a person who, while being a citizen of or permanently residing in Uganda, commits an act outside Uganda, which act would constitute an offence under this Act had it been committed in Uganda; or (b) the offence was committed partly outside and or partly in Uganda. 17. Extradition A person charged with an offence under this Act shall be liable to extradition under the existing extradition laws. PART V MISCELLANEOUS 18. Nullification of inconsistent international treaties, protocols, declarations and conventions (1) Any International legal instrument whose provisions are contradictory to the spirit and provisions enshrined in this Act, are null and void to the extent of their inconsistency. (2) Definitions of sexual orientation, sexual rights, sexual minorities, gender identity shall not be used in anyway to legitimize homosexuality, gender identity disorders and related practices in Uganda. [19. Regulations, Schedule ommitted]

FROM THE REFUGEE LAW PROJECT STATEMENT ON WORLDS AIDS DAY...

Outdated and retrograde laws on sex and sexual violence, which are currently being reinforced through the tabling of new legislation, most notably Hon. Bahatis Anti-Homosexuality Bill, are damaging the prospects of pro-active interventions in support of HIV/AIDS prevention and treatment. The most significant and damaging weakness of existing and proposed legislation is the failure to distinguish consensual sex between adults from abusive, coercive and non-consensual sex, which generally amounts to rape and frequently includes gang-rape. As a result, survivors of sexual violence, in particular those who are already marginalised and disenfranchised, are themselves likely to be charged rather than being able to lay charges against their abusers.

Contact the Civil Society Coalition on Human Right and Constitutional Law (CSCHRCL) c/o Plot 9 Perrymans Gardens, Old Kampala P.O. Box 33903, Kampala - Uganda tel: +256-414-232552 /-343556 fax: +256-414-346491 e-mail: info@refugeelawproject.org
THE MEMBERS: African Womens Development Fund (AWDF); Akina Mama wa Afrika (AMwA); Advocates for Public International Law in Uganda (APILU); Center for Land Economy and Rights of Women (CLEARUganda); 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; Mentoring and Empowerment Programme for Young Women (MEMPROW); National Association of Womens 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; Womens Organisation & Network for Human Rights Advocacy (WONETHA)

ANTI-HOMOSEXUALITY OR ANTI-HUMAN RIGHTS BILL?

Hon. Bahatis Anti-Homosexuality Bill which was tabled in Parliament on October 14, 2009, and is currently before the Legal and Parliamentary Affairs Committee of Parliament covers much more than the title alone proclaims. A much better title for this bill would have been the Anti Civil Society Bill, the Anti Public Health Bill, or the Anti-Constitution Bill. Perhaps more simply it should be called the Anti Human Rights Bill. As a matter of fact, this bill represents one of the most serious attacks to date on the 1995 Constitution and on the key human rights protections enshrined in the Constitution including: Article 20: Fundamental rights and freedoms are inherent and not granted by the State Article 21: Right to Equality and Freedom from discrimination Article 22: The Right to Life (the death penalty provisions) Article 27: The Right to Privacy Article 29: Right to freedom of conscience, expression, movement, religion, assembly and association (this includes freedom of speech, Academic freedom and media freedom) Article 30: Right to Education Article 32: Affirmative Action in favour of marginalised groups and Article 36 on the Rights of Minorities Let us think for a moment of whoquite apart from the homosexuals it claims as its targetthis bill puts at risk: - any parent who does not denounce their lesbian daughter or gay son to the authorities: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years; - any teacher who does not report a lesbian or gay pupil to the authorities within 24 hours: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years in prison; - any landlord or landlady who happens to give housing to a suspected homosexual risks seven years of imprisonment; - any Local Council I V Chairperson or Executive member who does not denounce somebody accused of same-sex attraction or activity risks imprisonment or a heavy fine; - any medical doctor who seeks to prevent the spread of HIV/ AIDS through working with what are known as most at risk populations, risks her or his career; - all civil society leaders, whether in a Community Based Organisation, NGO, or academic institution; if their organisations seek to have a comprehensive position on sexual and reproductive health, they risk seeing their organisations closed down; - any human rights activist who seeks to promote an understanding of the indivisibility and inalienability of human rights would be judged to be promoting homosexuals and homosexuality, and be punished accordingly; - any religious leader who seeks to provide guidance and counselling to people who are unsure of their sexuality, would be regarded as promoting homosexuality and punished accordingly; - any Member of Parliament or other public figure who is sent a pornographic article, picture or video will become vulnerable to blackmail and witch-hunts; - any media house that publishes pornographic materials risks losing its certificate of registration and the editor will be liable to seven years in jail; - any internet caf operator who fails to prevent a customer from accessing a pornographic website, or a dating site, could be accused of participating in the production, procuring, marketing, broadcasting, disseminating and publishing of pornographic materials for purposes of promoting homosexuality; their business licence could be revoked and they themselves could land in prison. - any Person alleged to be a homosexual is at risk of LIFE IMPRISONMENT and, in some circumstances, the DEATH PENALTY In short, this bill targets everybody, and involves everybody: it cannot be implemented without making every citizen spy on his or her neighbours. The last time this was done was in the Amin era, where everyone very quickly became an enemy of the state. It amounts to a direct invasion of our homes, and will promote blackmail, false accusations and outright intimidation of certain members of the population. Do Ugandans really want to mimic the practices of the Khartoum regime? Have we already forgotten the sex police of Apartheid South Africa, who smashed their way into peoples bedrooms in an attempt to prevent interracial sex? And what about our standing in the eyes of the world? The Bill calls for Uganda to nullify any international treaties, protocols, declarations and conventions which are believed to be contradictory to the spirit and provisions of the bill. In reality, this would involve Uganda withdrawing from: The Universal Declaration of Human Rights; The International Covenant on Civil and Political Rights and its protocols; The International Covenant on Economic, Social and Cultural Rights; The Convention on the Elimination of all Forms of Discrimination Against Women; The Convention on the Rights of the Child, and The African Charter on Human and Peoples Rights In sum, the Bahati Bill is profoundly unconstitutional. It is a major stumbling block to the development of a vibrant human rights movement in Uganda, and a serious threat to Ugandas developing democratic status. If passed, this law would not only prove difficult to implement, it would also consume resources and attention which would be better directed at more pressing issues of human rights abuse, corruption, electoral reform, domestic relations and freedom of the press. Regardless of our personal moral beliefs and values, we the undersigned organisations are standing up in defence of Democracy, our Constitution and its enshrined principles of human dignity, equality, freedom and justice for all.

KILL THE GAYS ORKILL THE BILL?

THE GREAT DIVIDE