Uganda’s President Can’t Veto the Anti-Homosexuality Bill. Here’s What He Can Do.

Jim Burroway

December 21st, 2013

As we reported yesterday, Uganda’s Parliament has apparently passed the notorious Anti-Homosexuality Bill, which provides for lifetime imprisonment for anyone convicted of homosexuality and provides prison terms for all pro-gay advocacy, for anyone providing services to gay people, and for anyone who performs a same-sex wedding. I say apparently because there is still some question as to whether Parliament had a quorum when the bill was abruptly brought up for a vote. But given that such niceties aren’t always observed in parliament despite the requisite constitutional mandate, this brings us to the question of what happens next.

Uganda’s political stystem has all of the obvious features of a powerful presidency, which has confused a number of rights groups calling on President Yoweri Museveni to veto the Anti-Homosexuality Bill. But the problem with that is that Uganda’s constitution models the manner of passing laws after other Parliamentary democracies, and under this system the head of state typically has no veto power over legislation passed by Parliament. And that is the case in Uganda as well. A lot of LGBT rights groups have failed to do their homework on this, like, for example, Allout.org (a group which all too often gets it terrible wrong but is good at making a name for themselves) which has a petition calling on Museveni to veto the bill, something he cannot do under the constitution.

So what can Museveni do? To find out, let’s turn to the Ugandan Constitution itself (PDF: 159KB/192 pages) at page 68 (Article 91):

91. Exercise of legislative powers.

(1) Subject to the provisions of this Constitution, the power of Parliament to make laws shall be exercised through bills passed by Parliament and assented to by the President.

(2) A bill passed by Parliament shall, as soon as possible, be presented to the President for assent.

(3) The President shall, within thirty days after a bill is presented to him or her—

(a) assent to the bill;

(b) return the bill to Parliament with a request that the bill or a particular provision of it be reconsidered by Parliament; or

(c) notify the Speaker in writing that he or she refuses to assent to the bill.

(4) Where a bill has been returned to Parliament under clause (3)(b) of this article, Parliament shall reconsider it and if passed again, it shall be presented for a second time to the President for assent.

(5) Where the President returns the same bill twice under clause (3)(b) of this article and the bill is passed for the third time, with the support of at least two-thirds of all members of Parliament, the Speaker shall cause a copy of the bill to be laid before Parliament, and the bill shall become law without the assent of the President.

(6) Where the President—

(a) refuses to assent to a bill under clause (3)(c) of this article, Parliament may reconsider the bill and if passed, the bill shall be presented to the President for assent;

(b) refuses to assent to a bill which has been reconsidered and passed under paragraph (a) or clause (4) of this article, the Speaker shall, upon the refusal, if the bill was so passed with the support of at least two-thirds of all members of Parliament, cause a copy of the bill to be laid before Parliament, and the bill shall become law without the assent of the President.

(7) Where the President fails to do any of the acts specified in clause (3) of this article within the period prescribed in that clause, the President shall be taken to have assented to the bill and at the expiration of that period, the Speaker shall cause a copy of the bill to be laid before Parliament and the bill shall become law without the assent of the President.

So once the bill is presented to Museveni, he has thirty days to give his assent or send it back to Parliament. If he sends it back to Parliament, then it is up to Parliament to pass it again or modify it before passing it again. Notice here that there is no time period specified in which Parliament is required to act. If Parliament sends to back to the President, he again has the option of giving his assent or send it back to Parliament. But this time, Parliament will have to pass it again with a two-thirds vote.

If Museveni sends the bill back to Parliament, it will provide up to two more opportunities for cooler heads to prevail or for the clock to be run out before the current Parliament expires in 2016.

Sam R

December 21st, 2013

So it seems Museveni DOES have a veto, provided in Article 91(3)c, albeit one which can be overriden by Parliament by a two-thirds majority.

I think it may still be in order for organisations to lobby Museveni to do just this. Perhaps any organisation which seeks to lobby him should cite the statutory provisions – it shows that they have done their research and they know the Ugandan legal position.

In passing, I would like to see exactly which version of the bill passed. Bahati seems to have jettisoned quite a few of the controversial provisions to get his bill through, so it would be interesting to see if there has been any real change in the law, other than increased sentences for gay sexual acts.

jerry

December 22nd, 2013

Does anyone have the necessary background on the president to speculate what his course might be?

Denise Rose

December 22nd, 2013

What percent of Parliament voted for this bill? If they need to override the lack of assent, are they likely to receive a 2/3 vote in favor of the bill? Please share info if you have it. Thank you.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.