{UAH} THE ANTI-HOMOSEXUALITY BILL, 2009; The Great Divide.
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On the 14th of October 2009, Hon. Bahati tabled a Anti-Homosexuality Bill in the Ugandan Parliament. The Bill is currently before the Legal and Parliamentary Affairs Committee.
The objective of the 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 ".
Amongst other aims, the Bill seeks to prhibit all mariages except those between man and woman, to prevent and penalise homosexual behavior, including a death penalty for "aggravated homosexuality", to prohibit ratification of any international treaties, conventions, protocols, agreements and declarations which are contrary or inconsistent with the provisions of this Act, and to prohibit the licensing of organizations which promote homosexuality. Read the Bill !!
On a critical analysis, the Bill covers much more than the title alone proclaims. A much better title for this Bill would have been the "The Anti Civil Society Bill", the "Anti Public Health Bill", or the "Anti-Constitution Bill". We, the various member organisations of the Uganda Civil Society Coalition on Human Rights and Constitutional Law see many unconstitutional and Human Rights violating implications of the 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
The Bill has serious implications for for instance Parents, Teachers, Lawyers, Medical Personnel, Counsellors, or Landlords who do not report homosexual behaviour of their child, pupil, client or tenant. They can be fined 5 million Uganda shillings, or put away for three to seven years in prison. Furthermore, it puts at serious risk any civil society leader or religious leader trying to work with homosexuals, resulting in closing down his or her organisation, or punishing him or her accordingly. In short, this Bill targets everybody, and involves everybody: it cannot be implemented without making every citizen spy on his or her neighbours.
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-- The objective of the 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 ".
Amongst other aims, the Bill seeks to prhibit all mariages except those between man and woman, to prevent and penalise homosexual behavior, including a death penalty for "aggravated homosexuality", to prohibit ratification of any international treaties, conventions, protocols, agreements and declarations which are contrary or inconsistent with the provisions of this Act, and to prohibit the licensing of organizations which promote homosexuality. Read the Bill !!
On a critical analysis, the Bill covers much more than the title alone proclaims. A much better title for this Bill would have been the "The Anti Civil Society Bill", the "Anti Public Health Bill", or the "Anti-Constitution Bill". We, the various member organisations of the Uganda Civil Society Coalition on Human Rights and Constitutional Law see many unconstitutional and Human Rights violating implications of the 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
The Bill has serious implications for for instance Parents, Teachers, Lawyers, Medical Personnel, Counsellors, or Landlords who do not report homosexual behaviour of their child, pupil, client or tenant. They can be fined 5 million Uganda shillings, or put away for three to seven years in prison. Furthermore, it puts at serious risk any civil society leader or religious leader trying to work with homosexuals, resulting in closing down his or her organisation, or punishing him or her accordingly. In short, this Bill targets everybody, and involves everybody: it cannot be implemented without making every citizen spy on his or her neighbours.
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"When a man is stung by a bee, he doesn't set off to destroy all beehives"
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