Box Turtle Bulletin

Namibia Political Parties Hesitantly Supportive

Timothy Kincaid

November 6th, 2009

Often the news out of Africa can shade Westerners’ perceptions of the continent with an image of intolerance and ignorance. Yet one of the seven countries in the world which recognizes nation-wide marriage equality is South Africa.

And now a neighbor, Namibia, seems to be somewhat cautiously moving in the direction of tolerance and support. At a recent political forum, the question of discrimination arose. (allAfrica.com)

At a forum with political parties as part of the Women Claiming Citizenship Campaign, respecting and ensuring the rights of gay, lesbian, transgender, bisexual and intersex Namibian citizens – who are often discriminated against for their gender or sexual orientation – was highlighted as a major issue for political parties to address.

When push came to shove in stating their positions, most of the eight parties present – the All People’s Party (APP), the Congress of Democrats (CoD), the National Democratic Party (NDP), the Namibia Democratic Movement of Change (NDMC), Nudo, the Rally for Democracy and Progress (RDP), Swanu, UDF – declared that human rights were for everyone, irrespective of their sexual orientation.

Only NDP and UDF remained silent on the issue.

It seems that this subject has often been taboo and that politicians are struggling with an approach that is enlightened.

While Nudo described homosexuality as a “strange new” issue, party representative Utjiua Muinjangue also made it clear that Nudo’s position was to respect human rights, irrespective of sexual orientation.

She emphasised that there was a need for openness in discussing homosexuality, adding that “the fact of the matter is that we have these people amongst us, and we need to look at the issue differently, accept them, and all live happily.”

Sodomy laws still exist and remain in force in Namibia. But perhaps conversations like this will lead to greater freedom.

Australian Senate Refuses to Oppose Uganda’s “Kill Gays” Bill

Timothy Kincaid

November 6th, 2009

From SXnews:

[South Australian Greens Senator Sarah Hanson-Young] moved that the Senate should “[call] on the Government to actively encourage the Ugandan Government to withdraw its Anti-Homosexuality Bill and respect the human rights of same-sex attracted people.”
…
The motion was rejected.

Uganda Women’s Group: “Kill the Gays”

Timothy Kincaid

November 6th, 2009

The Uganda Women Parliamentary Association is angry that anyone would think that they might show sympathy or mercy to gay people.

From UGPulse:

The chairperson of UWOPA, Jane Alisemera says that the association has received calls from civil society organizations asking UWOPA to denounce Anti Homosexual bill which they describe as anti human rights.

Alisemera says that UWOPA backs Anti Homosexual bill. She says the bill seeks to protect the unit of the family and marriage, something the association protects and advocates for.

MP Alisemera says that UWOPA supports the government to punish people, institutions of learning and organizations which promote homosexuality.

And yes, they are fully aware that the punishment for “repeat offenders” is death.

Throckmorton Appeals to Ugandan Christians

Timothy Kincaid

November 2nd, 2009

Dr. Warren Throckmorton has had published a guest blog in The Independent, a Ugandan news blog. In it, he appeals to fellow Christians to follow the lead of Christ and avoid harsh civil punishment for spiritual sins.

Throckmorton selected the story of the woman at the well caught in adultery whose accusers disappeared when Jesus said that the person who was without sin should be the person who threw the first stone.

As I read the Anti-Homosexuality Bill proposed in Uganda by MPs David Bahati and Benson Obua, I wonder if perhaps these gentlemen think Jesus should have picked up a stone. Instead, Jesus intervened on behalf of the woman, was He wrong? Clearly, He did not believe adultery was proper. But He signaled a new way of dealing with sin, one which emphasizes mercy and freedom, rather than coercion and death. People must choose to follow the teachings of Christ, not be coerced by Pharisees or government officials. The human heart cannot be changed by laws, but through the freely chosen grace of Christ.

Brothers and sisters, jailing or killing gays or those suspected of being gay or those who know gays cannot create a righteous people, and in fact may further a self-righteous people. One may disapprove of homosexuality, and still treat homosexuals as you would want to be treated. Who among us could stand if our private sins were judged in such a manner as the Anti-Homosexuality Bill of 2009?

I urge my brethren in beautiful Uganda to follow the example of Jesus. Please, for the sake of Christ, put down your stones.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Uganda Parliament, Religious Leaders Weigh Death Penalty for LGBT People

Jim Burroway

November 2nd, 2009

As we reported last week, several Ugandan Christian leaders have spoken out on the Anti-Homosexuality Act which has been introduced in that nation’s Parliament, but their statements have largely been in full support with the bill – with a few reservations about the proposed death penalty for “serial offenders” and those who are HIV-positive. Those comments were made during discussions in a Parliament committee.

We’ve learned more details of those committee discussions held on October 28. Participants included members of Parliament David Bahati and Benson Obua Ogwal who are co-sponsors of the bill, and Minister of Ethics and Integrity James Nsaba-Buturo.  Invited speakers included:

• The Rev. Canon Aaron Mwesigye, provincial secretary of the Anglican Church of Uganda;
• John Kakembo, of the Seventh Day Adventist Church;
• Dr. Joseph Sserwadda, representing the nation’s Pentecostal churches;
• Sheikh Mohammad Ali, representing the Muslim Mufti of Uganda;
• Prof. Peter Matoyu, a university professor representing the Metropolitan Orthodox Church of Kampala.

MP David Bahati, one of the bill’s co-spoonsors, insisted that homosexuality was not a human right but “a bad habit.” He also repeated much of the false “science” promulgated by American anti-gay extremists, including the false charge that the life expectancy of gays are twenty-years shorter than that of non-gays. MP Bahati’s repeated most of his points in support of his bill in a column that appeared in yesterday’s Observer, in which he called the bill “a nice piece of legislation“:

Uganda is not a copycat of other countries. We can’t do what other countries are doing—especially when such countries are doing the wrong things. The fact that the moral fabric in America and Europe has been put under siege by the supporters of this creeping evil of homosexuality should not suggest that we should follow suit.

And I think supporting the cause of this Bill will provide Uganda as a country an opportunity to provide leadership in this area of safeguarding the traditional family. I must also point out that this Bill is not about hate or discrimination. We are not involved in a hate campaign.

…But ever since we tabled this Bill, we have come under attack. People have argued that we are promoting a hate campaign against homosexuals. And these attacks are coming mostly from civil society members who claim that homosexuality is a human right.

These same groups have persistently continued to place this evil in the category of human rights. They have rallied people to resist the Bill. They argue that we are targeting homosexuals, we hate them. But some of the people behind these messages are mothers and respectable people in our country.

…On top of this are the NGOs that are hugely involved in recruiting and giving money to our young children with the intention of swaying them into this evil practice.

But Uganda will never exchange her dignity for money. While we are poor in terms of finances, we are extremely rich in dignity. And we will never accept homosexuality for the sake of appeasing other countries or as an incentive for their money.

MP Bahati reviewed what his draconian bill would do. If passed, it would:

• Reaffirm the lifetime sentence currently provided upon conviction of homosexuality, and extends the definition from sexual activity to merely “touch[ing] another person with the intention of committing the act of homosexuality.”
• Create a new category of “aggravated homosexuality” which provides for the death penalty for “repeat offenders” and for cases where the individual is HIV-positive.
• Provides compensation for “victims” of homosexuality. This provision would encourage an accused’s consensual partner to claim that he or she was a “victim,” not only to escape criminal penalties, but also to demand compensation from his or her partner.
• Expand the definition of homosexuality to include “touching.” Current law requires proof of penetration. The proposed law would dramatically lower the burden of proof for penalties involving lifetime sentences or even death.
• Criminalizes all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda with fines and imprisonment of between five and seven years.
• Criminalizes the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
• Adds a clause which forces friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment of up to three years.
• Adds an extra-territorial and extradition provisions, allowing Uganda to prosecute LGBT Ugandans living abroad.

Death Sentence Provisions Questioned
The Parliamentary committee heard from several of Uganda’s religious leaders, beginning with Rev. Canon Aaron Mwesigye, provincial secretary of the Anglican Church of Uganda. As has been widely reported, he spoke out against only one provision of the bill, the section which provides the death penalty for “aggravated homosexuality”. The  pro-government newspaper New Vision quoted Mwesigye this way:

“Can death as a form of punishment help one to reform? Some people are convicted of murder but after they have been killed, it’s proved they were innocent. What would be done in such circumstances? We should emphasize life imprisonment.”

Mwesigye also questioned the wisdom of the extra-territorial provisions in the bill, saying that those provisions might not be practical. Otherwise, he was complementary of the bill overall, but suggested that some portions of the bill didn’t go far enough. For example, on the section providing compensation for “victims,” he suggested that secondary victims — spouses, parents, and children of those who claim to have been seduced — also deserve compensation.

“Predatory homosexuals”
John Kakembo, of the Seventh Day Adventist Church, also questioned the death sentence, but otherwise praised the bill. He also repeated Mwesigye’s suggestion that the definition of victims be expanded for compensation. He justified this by calling all gay people predatory, claiming that he was targeted by foreigners when he was younger.

Themes of rampant criminality and wild predatory practices are extremely common in portrayals of LGBT people in Uganda. Prof. Peter Matoyu, who was representing the Metropolitan Orthodox Church of Kampala made some very incendiary and fanciful charges along those lines. He claimed that while a student in the U.S., a professor forced him to pretend that he and other Ugandan students were gay as part of their studies, and that they were in danger of being murdered by American gays if their ruse were discovered. This rhetoric only feeds the anti-gay frenzy that frequently grips the nation.

Government support for proposed legislation
Ethics and Integrity Minister James Nsaba-Buturo also spoke before the committee, and said that while the proposed act was highly controversial, he assured the panel that its passage would give Uganda a place of honor among civilized nations.

This is significant, as Nsaba-Buturo appears to have the full backing of President Yoweri Museveni, who, in Uganda’s paper-thin trappings of democratic functioning, is the real power in the country after having overthrown his predecessor in a civil war in 1986. In a statement released on the official web site of the Office of the President, Nsaba-Buturo has already warned Uganda’s media against “promoting homosexuality,” reminding them that a new law was being proposed to make all advocacy or positive portrayal of homosexuality tantamount to pornography and become subject to criminal penalties. This is no idle threat; Uganda’s press is not entirely free and the government has very recently shut down several broadcasters that have been critical of government policies.

“Total support” for the death penalty
While some Ugandan Christian leaders have expressed reservations about the death penalty provisions – while being perfectly happy with lifetime imprisonment for being gay, at least one prominent Uganda preacher has given the new law his total support. Martin Ssempa of Makerere Community Church was not at the parliamentary meeting, but he did send a statement to Grove City College professor Warren Throckmorton in which he offered his “total support of the bill and would be most grateful if it did pass.”

Ssempa enjoys close ties to Uganda’s First Lady, Janet Museveni, and as been tied to US pastor Rick Warren of Saddleback Church. In 2005, Warren described Ssempa as “his indispensable sidekick,” but now he appears to be reeling back his support for the Ugandan megachurch pastor. In a statement released to Warren Throckmorton, Rick Warren wrote:

Martin Ssempa does not represent me, my wife Kay, Saddleback Church, nor the Global PEACE Plan strategy. In 2007, we completely severed contact with Mr. Ssempa  when we learned that his views and actions were in serious conflict with our own.

Rev. Warren also enjoys close ties with Uganda’s First Lady and he had recently named Uganda a “Purpose Driven Nation.”

We do not know the Uganda President’s position on this bill. While his very prominent Minister of Ethics and Integrity had taken a very personal interest in this bill almost immediately following an anti-gay conference in Kampala by three American anti-gay activists, there has been no official statement from the President’s office. Almost all important bills are introduced by the President directly, but this proposed legislation is what’s called a “private member” bill. This has led some to suspect that President Museveni may be hedging his bets to gauge international reaction.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

US Reps Condemn Uganda Anti-Homosexuality Bill

Jim Burroway

November 2nd, 2009

U.S. Reps. Ileana Ros-Lehtinen (R-FL), Tammy Baldwin (D-WI) Gary Ackerman (D-NY) and Howard Berman (D-CA) wrote to Secretary of State Hillary Clinton about the proposed Anti-Homosexuality Act which has been introduced in the Uganda Parliament. Citing the significant U.S. aid to Uganda provided in the President’s Emergency Plan for AIDS Relief (PEPFAR), they ask Sec. Clinton to “use every means possible to convey to Ugandan leaders that this bill is appalling, reckless, and should be withdrawn immediately.”

The U.S. Embassy in Kampala has already condemned the proposed bill, which would add the death penalty for convicted LGBT persons under certain circumstances. AFP reports that Joan Lockard, the embassy’s public affairs officer, has described the bill as “a significant step backwards for the protection of human rights in Uganda.” She added:

“We urge states to take all necessary measures to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests, or detention.”

Uganda’s Minister for Ethics and Integrity James Nsaba-Buturo responded to reporters that the country had no intention of bowing to international pressure.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Uganda Religious Leaders All Calling for Anti-Gay Bill… But Maybe Not Death

Timothy Kincaid

October 29th, 2009

From New Vision

Leaders from the Church of Uganda, Orthodox, Pentecostal, Seventh Day Adventist, and the Uganda Muslim Supreme Council, unanimously supported the Bill, but called for a change in the penalties.

“Can death as a form of punishment help one to reform? Some people are convicted of murder but after they have been killed, it’s proved they were innocent. What would be done in such circumstances? We should emphasise life imprisonment,” said Aron Mwesigye, the secretary for the Church of Uganda.

So there is the call from the Anglican Church in Uganda: life imprisonment.

Seventh Day Adventist’s John Kakembo noted that homosexuality has been in Uganda since the 1960s. He called on Parliament to quickly enact the Bill into law, so as to curb the vice.

And what does the Seventh Day Adventist Church parent denomination in America have to say about this? I’ll let you guess.

We are still waiting for them, or any American Christian denomination, to denounce the bill…

yep, still waiting…

feel the love.

Who knows, maybe some mainstream press reporter will feel inspired to ask Jan Paulsen, the Seventh Day Adventist president, or Rick Warren, Martin Ssempa’s good buddy, or Rowan Williams, the Anglican Archbishop of Canterbury, just why it is that their brothers and affiliates in Uganda are calling for the cessation of freedom of speech or assembly and the life sentence – if not death – of all gay people.

Will Argentina Approve Same-Sex Marriage?

Timothy Kincaid

October 29th, 2009

It appears that they are considering doing so. From A/P

Is Argentina ready to become Latin America’s first nation to legalize gay marriage?

Gay and lesbian activists think so — and they have a growing number of supporters in Congress, which opened debate Thursday on whether to change dozens of laws that define marriage as a union between a “man and woman.”

And this does not appear to be simply tokenism

Rachid said more than 20 lawmakers have signed on as supporters of same-sex marriage, and they believe they have enough votes in committee for a full vote in the lower house. It would then go to the Senate.

While it is far too early to be optimistic, it is worth noting that the more that such efforts are considered, the more people begin to truly think about civil equality.

We only win when people begin to think. I contend that one of the unintended consequences of the American anti-gay marriage movement has been an open discussion of the purposes and benefits of marriage and a resulting growing trend of folks who are slowly coming to see marriage equality less as an oddity and more as a civil right.

Kenya To Count Gays In Census

Jim Burroway

October 29th, 2009

Kenya, a country which criminalizes homosexuality with a fourteen year prison sentence, has announced that they plan to conduct a census of its gay population. They say that they are doing this as part of their fight against HIV/AIDS.

[Nicholas Muraguri, head of Kenya's AIDS prevention program] told the BBC’s Network Africa programme that getting a clearer idea of the number of gay people would be a huge help with targeted interventions such as provision of condoms. He said the survey would involve gay men identifying each other, and officials carrying out HIV tests and providing along with information on safe sexual practice.

“Kenyans cannot actually afford to say that the gay community are isolated somewhere in the corner – they are part of our lives,” he said. “This group must be reached with information and services so they know how to protect themselves from getting infected.”

The BBC report says that LGBT activists in Kenya see the survey as a positive development, but with Kenya’s anti-sodomy laws, getting an accurate count will be virtually impossible. Many worry what other authorities might do with the data. Frankly, given the state of transparency in Kenya, I would share that worry. If you really want to reach this subpopulation, drop the criminal penalties.

A Call for Christian Action in Uganda – A Time to Show the Love

Timothy Kincaid

October 28th, 2009

Dr. Warren Throckmorton has written an article for Crosswalk.com in which he asks Should American Christians Care about Gays in Uganda? Throckmorton explains the excesses in the new proposed anti-gay law (banning speech, imposing the death penalty, requiring suspected homosexuals to be reported) and makes a strong case for why American Christians should own responsibility for the law and take action to oppose it.

While there are many cultural forces which oppose homosexuality in Uganda, a dominant one currently is the evangelical church. Most recently, in March of this year, three Americans were recruited by the Uganda-based Family Life Network to speak at workshops on ways to change people from gay to straight. Two of the Americans, Caleb Brundidge and Scott Lively, spoke in favor of keeping homosexuality illegal but giving those convicted an option of therapy to cure them of their gayness. Both Brundidge and Lively spoke to the Ugandan parliament regarding their view that homosexuality is learned and curable. Their ideas took hold. The proposed bill bases the need for stronger regulation on the concept that “same sex attraction is not an innate and immutable characteristic.”

Throckmorton also notes that the main evangelical cheerleader for this crackdown on civil liberties is Martin Ssempa, a darling of American evangelical leaders who is closely tied to Rick Warren and Saddleback Church. And, as we know, the government of Uganda has repeatedly listened to instruction and direction from American preachers.

Indeed, this latest anti-gay pogrom is directly tied to American evangelical Christian interference in the African nation. Throckmorton’s point is that because American evangelical Christians made this mess, they now must own it. And I agree.

But will Christians respond?

For years, those American Christians who espouse conservative theology in their social activism in opposition to civil equality for gay citizens have loudly proclaimed that such activism is not founded in hatred. Rather, they will assure you, they love you so very much that they are warning you away from the dangers and sinfulness of “the homosexual lifestyle”.

This argument is familiarized in the trite phrase, “Love the sinner, hate the sin.”

Though it might surprise some, I think it likely that most of those people who oppose your civil rights for religious reasons do not hate you. They don’t necessarily wish you ill. And if given a choice, they would prefer that you be happy, and healthy, and come to enjoy life (heterosexually, of course) as much as they do.

But I also believe that they don’t love you, either.

Rather, they do something worse than hate you; they don’t consider you – your life, your dreams, your loves, your hopes – at all. The extent to which their imposition of their faith system on your life will impact your ability to live freely never ever crosses their mind. Your health insurance, your immigration, your kids, your adoption, your hospital visitation, your inheritance rights, your military service, none of this enters the equation.

Not because they hate you, but because you don’t really matter to them at all. They don’t hate you; they’re just contemptuous of your existence or worth.

But, contrary to their assertions, they feel no love. It is impossible to love without caring about what the object of your love cares about. It is impossible to love without showing concern for injustice or unfairness. It is impossible to love without seeking to help those who are victims of oppression and attack.

I hope I am wrong. I hope that there is an abundance of love flowing from evangelical Christianity towards gay men and women.

And the situation in Uganda will tell us whether or not I am falsely accusing the Church. This situation provides us with a “put up or shut up” moment.

Should the Southern Baptist Convention and the Assemblies of God and Saddleback Church and all the other mega-churches stand up and speak out against this evil law, it will go far to show me that they feel love. Should conservative Republican Senators who ardently “defend marriage” against the threat of our relationships send a delegation to the African nation, I’ll consider that perhaps they do not base their policies on scapegoating of an unpopular minority. Should Maggie Gallagher and Peter LaBarbera and Laurie Higgins write stirring pieces about why Christians should oppose coercive laws, I may consider that their objection to my rights is not based in personal animus.

But should, as I suspect will be the case, Dr. Throckmorton be but one of a few voices willing to oppose evil – and this bill IS EVIL – then I will know what my heart will tell me the next time an opponent to fairness tells me that they love me.

Administration Refuses to Help Gay Asylum Seeker

Timothy Kincaid

October 26th, 2009

Too often both our friends and our opponents fail to understand exactly why it is that gay couples seek to be treated with equality. It is not, as some anti-gay activists claim, to ‘legitimize homosexual conduct’, but rather it is to achieve the goals, rights and benefits that are essential to life.

Laws that protect married couples are designed with specific purposes in mind, and those purposes apply to same-sex couples as well. When gay couples are excluded from equal treatment, it is not just disrespectful of their relationships, it is a declaration that gay people are not deserving of the rights and benefits that heterosexuals take for granted.

And that is what the actions of the Obama Administration have declared yet again this week.

In 2005, Tim Coco and Junior Oliveira legally married in Massachusetts. At the time, Oliveira was seeking asylum in the United States, having been subjected to abuse and rape in his native Brazil. In 2007, when asylum was denied, Oliveira was forced to return to Brazil while the couple fought the legal system to be reunited.

They found a valuable advocate in Massachusetts Senator John Kerry. And, indeed, Coco and Oliveira had good reason to be hopeful that the Administration would intervene.

The judge who denied asylum, Francis Cramer, was a political appointment who had minimal experience with immigration law and was so blatantly unqualified that government watchdog groups were astonished at his selection. It was later discovered that federal judicial candidates had been screened for their views on gay marriage before they were appointed.

But Cramer did not only count Coco and Oliviera’s marriage as irrelevant. In his decision, Cramer made the bizarre declaration that while he didn’t doubt that Oliveira was raped, he “was never physically harmed” by it.

Recognizing the judge’s decision to be crass inhumanity, Kerry wrote to the Attorney General’s office requesting that Oliveira’s case be reviewed. Because asylum is regularly granted for far less cause, surely a friendly administration would intervene.

No. They would not.

On July 27, 2009, Assistant Attorney General Ronald Weich wrote a letter to Senator Kerry informing him that the US Attorney General would not be reviewing the Coco/Oliveira case because that “forced sex” is not rape (they were unclear as to whether the Attorney General limits his belief that forced sex isn’t rape to male-on-male forced sex or whether that definition extends to heterosexual people as well).

Kerry was, naturally, incredulous and outraged. He has sought since then to get Attorney General Eric Holder to reverse the decision of his office. He informed the Attorney General that he wasn’t asking Holder to act against DOMA, but to grant asylum on humanitarian grounds, just as the government does for thousands of other immigrants.

Holder chose to ignore Kerry’s efforts. (A/P)

The Massachusetts husband of a gay Brazilian man says his spouse has been denied asylum that would allow them to be reunited in the U.S.

Tim Coco said Monday that the Obama administration did not act on a Friday deadline in the case of Genesio “Junior” Oliveira, effectively denying his request. The Justice Department did not immediately return messages.

Let us be clear. Were Junior Oliveira to have married a woman, he would not have been denied residency in this country. And were his reasons for seeking asylum based on factors other than his orientation, I am convinced that judges and politicians would have found more than adequate compassion to intervene.

I am so very sick of this. I’m disgusted by a legal system that denies equality. And I am furious with an administration that does not seem to care.

Uganda Civil Rights Coalition Denounces Anti-Homosexuality Bill

Jim Burroway

October 23rd, 2009

A coalition of twenty-two Ugandan professional and civil rights advocacy groups have joined together to denounce (PDF: 52KB/4 pages) the barbaric Anti-Homosexuality Act of 2009 that was introduced before Parliament last week. The Civil Society Coalition on Human Rights and Constitutional Law describes the bill as not just an “anti-homosexuality” bill, but also as “the ‘Anti Civil Society Bill,’ the ‘Anti Public Health Bill,’ or the ‘Anti-Constitution Bill,’” or more specifically, “the Anti Human Rights Bill.” And they liken the bill’s measures with some of the more repressive practices of the Idi Amin era.

The coalition points out eight specific constitutional articles which the proposed bill violates, and a long list of people who would be put at risk of serious criminal penalties should the bill pass. This list includes not only LGBT people themselves, but also parents, teachers, landlords, doctors, human rights activists, religious counselors, publishers, and even Internet cafe operators.

The proposed bill would:

• Reaffirm the lifetime sentence currently provided upon conviction of homosexuality, and extends the definition from sexual activity to merely “touch[ing] another person with the intention of committing the act of homosexuality.”
• Create a new category of “aggravated homosexuality” which provides for the death penalty for “repeat offenders” and for cases where the individual is HIV-positive.
• Criminalizes all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda with fines and imprisonment of between five and seven years.
• Criminalizes the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
• Adds a clause which forces friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment of up to three years.
• Adds an extra-territorial and extradition provisions, allowing Uganda to prosecute LGBT Ugandans living abroad.

The coalition concludes:

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 Uganda’s 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.

The complete statement is below.

Click here to read the Statement from the Civil Society Coalition on Human Rights and Constitutional Law.

Uganda’s Anti-Homosexuality Bill Put Off Until 2010

Jim Burroway

October 22nd, 2009

The anonymous blogger GayUganda steeled himself to watch an hour-long program on Uganda’s NBS television station featuring Pentecostal pastor Martin Ssempa. He was a guest on the talk show Barometer along with Member of Parliament Hon. David Bahati, who was the prime sponsor of the Anti-Homosexuality Act introduced into Parliament last week. According to GayUganda, the bill is scheduled to be brought back before Parliament in January 2010:

Oh, and I gathered from MP Bahati that the bill has been scheduled to be brought back in Jan 2010. Parliament was too busy, just now, to handle the important matter of the Anti- Homosexuality bill. Apparently it is very, very far ahead in the future, but that gives you time to check in with your MP and tell them how much you support the Bahati Bill.

As we have noted, the proposed bill not only reaffirms the penalty of lifetime imprisonment for homosexuality, but adds a category of “aggravated homosexuality” which imposes a death penalty on conviction. The bill also criminalizes all advocacy on behalf of LGBT citizens in Uganda, and imposes up to three years imprisonment for friends, family members and co-workers who do not report gay people to the police. It also contains extra-territorial and extradition clauses which extend the reach of Ugandan law to those citizens and permanent residents who enter into a same-sex marriage or participate otherwise in same-sex relationships or LGBT advocacy while outside the country.

GayUganda notes that Martin Ssempa has particularly menacing during the program, announcing that anyone who didn’t fully support the bill “actually support homosexuality.” This charge, given this year’s anti-gay vigilante campaigns, means that opposing the bill is not only political suicide, but quite possibly an act of physical suicide as well.

Martin Ssempa is a darling of many powerful American evangelicals, including Pastor Rick Warren of Saddleback Church. Ssempa also played a key role in the forced “outing” of prominent Ugandans — regardless of whether they were actually gay or not. In particular, Ssempa took the opportunity of the anti-gay hysteria to accuse another popular rival pastor of homosexuality, a charge that was investigated by police and found lacking. But they did find evidence that Ssempa and other pastors were manufacturing “evidence” to get back at rivals.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Take Action: Tell Uganda To Respect Human Rights And Dismiss the Anti-Homosexuality Bill

Jim Burroway

October 19th, 2009

The International Gay and Lesbian Human Rights Commission has issued an Action Alert, asking everyone to write to the Ugandan authorities to express your concern about their latest attempts to criminalize homosexuality and institute the death sentence in certain circumstances.

According to the text of the bill introduced in the Ugandan Parliament last week, the new law would:

• Reaffirm the lifetime sentence currently provided upon conviction of homosexuality, and extends the definition from sexual activity to merely “touch[ing] another person with the intention of committing the act of homosexuality.”
• Create a new category of “aggravated homosexuality” which provides for the death penalty for “repeat offenders” and for cases where the individual is HIV-positive.
• Criminalizes all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda with fines and imprisonment of between five and seven years.
• Criminalizes the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
• Adds a clause which forces friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment of up to three years.
• Adds an extra-territorial and extradition provisions, allowing Uganda to prosecute LGBT Ugandans living abroad.

According to the IGLHRC, the bill’s impacts are wide-ranging:

The bill effectively bans any kind of community or political organizing around non-heteronormative sexuality. It will lend itself to misapplication and abuse, and implicitly encourages persecution of LGBT people by private actors. HIV prevention activities in Uganda, which rely on an ability to talk frankly about sexuality and provide condoms and other safer-sex materials, will be seriously compromised. Women, sex workers, people living with AIDS, and other marginalized groups may also find their activities tracked and criminalized through this bill.

The IGLHRC provides contact information (email and phone numbers, where available) and a sample letter. You can also send a letter to Exodus, the International Healing Foundation, and Abiding Truth Ministries, as well as  and demand that they speak out on the latest outrage which stems from their representatives’ participation in a three-day anti-gay conference in Kampala. The currently proposed anti-homosexuality bill is a direct result of that conference put on by Exodus International board member Don Schmierer, Abiding Truth Ministry’s Scott Lively, and International Healing Foundation’s Caleb Lee Brundidge. For more information on the role their activists played in this latest outrage, please see the links to our coverage at the end of this post.

Please send your letter to:

President Yoweri Kaguta Museveni
State House Nakasero
email: info@statehouse.go.ug

Prime Minister Apollo Nsibambi
email: ps@opm.go.ug

Speaker of the Parliament
Edward Ssekandi Kiwanuka
email: speaker@parliament.go.ug

Minister of Gender, Labour, and Social Affairs
Honorable Opio Gabriel
email: ps@mglsd.go.ug

Chair of the Uganda Human Rights Commission
Med Kaggwa
email: uhrc@uhrc.ug

Directorate for Ethics and Integrity
email: info@dei.go.ug

Chair of the Uganda Diplomatic Human Rights Working Groups
Mathisen Gørild
email: gorild.mathisen@mfa.no

Please also send a copy to:
Ambassador to the Republic of Uganda Embassy of the United States of America
Jerry P. Lanier
email: kampalawebcontact@state.gov

IGLHRC
email: communications+action.alert@iglhrc.org

Send an email and fax to:
Ambassador to the US
Perezi K. Kamunanwire
Fax: 1-202-726-1727
email: pkamunanwire@ugandaembassyus.org

Dr. Ruhakana Rugunda
Permanent Representative of the Republic of Uganda to the United Nations
336 East 45 Street
New York, NY 10017
Tel: 1-212-949-0110
Fax: 1-212-687-4517
email: ugandaunny@un.int

Sample Letter

Your Excellencies:

I am writing to express concern about legislation that would severely restrict the rights of Ugandan citizens, including lesbian, gay, bisexual, and transgender (LGBT) people and their defenders, in direct contravention of domestic and international law. The Anti-Homosexuality Bill of 2009 would not only reaffirm penalties for homosexuality, but would criminalize the “promotion of homosexuality,” including funding and sponsoring LGBT organizations and broadcasting, publishing, or marketing materials on homosexuality. Any person in authority who fails to report known violations of the law within 24 hours will also be subject to a significant fine and up to 3 years in prison – even when this means turning in their colleagues, family, or friends.

The negative repercussions of the bill in Uganda will be immediate and severe. It effectively bans the free association and expression that are necessary for a flourishing civil society, and creates a climate of fear and hostility that undermines the citizenship and solidarity of all Ugandans. It will lend itself to misapplication and abuse, and implicitly encourages persecution of LGBT people by private actors. Effective HIV prevention activities in Uganda, which rely on an ability to talk frankly about sexuality and provide condoms and other safer-sex materials, will be difficult, if not impossible.

The Anti-Homosexuality Bill violates National Objective 5(2) of the Ugandan Constitution, which provides that “the State shall guarantee and respect the independence of non-governmental organizations which protect and promote human rights.” Moreover, it directly violates the right to equality and freedom from discrimination (Article 21), the right to privacy (Article 27), the right to freedoms of speech, expression, association, and assembly (Article 29), the protection of minorities (Article 36), and the protection of civic rights and activities (Article 38) to which all Ugandans are entitled. It also violates the African Charter on Human and People’s Rights, the International Covenant on Civil and Political Rights (ICCPR) and other international human rights treaties to which Uganda is a party. This bill undermines Uganda’s commitment to the international human rights regime and threatens the basic human rights of all its citizens.

The Bill’s revocation of fundamental rights would also seriously undermine the country’s reputation and credibility in the international arena. Because it claims jurisdiction over Ugandans who violate its provisions while outside of the country, the Bill will strain Uganda’s relations with regional and international partners.

While people may hold differing opinions about sexual orientation and gender identity, the legislation before Parliament is an ineffective and fundamentally illegal way to express opposition to a minority group. In recognition of the importance of a diverse, dynamic civil society and the domestic and international commitments that Uganda has made, I urge you to swiftly dismiss the Anti-Homosexuality Bill of 2009 and reaffirm the rights and responsibilities of all Ugandans.

Truly yours,
Name:
Organization:
Country:

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Uganda’s Daily Monitor: All Ugandans Should Fear Anti-Homosexuality Bill

Jim Burroway

October 18th, 2009

While the three American anti-gay activist and Exodus International are either too cowardly or callous to speak out against the latest proposed Anti-Homosexuality bill before Uganda’s Parliament, the opposition newspaper The Daily Monitor today raises its voice on behalf of the defenseless. Everyone in Uganda well knows the abject terror of the nighttime knock on the door, and The Monitor reminds all of us of the legacy behind Uganda’s latest drive to add the death penalty for homosexuality:

Do you know the fear which arrives with the knock on the door in the middle of the night? If you were an outspoken opponent of any government from 1962 until today you felt it even if it never happened to you. Do you know the terror of women who lived through the civil war in Luweero or LRA atrocities in the north? They went out every day knowing they faced rape and murder, suffering because they were women.

If you are a gay man or woman living in Uganda today, then you carry the same burden of persecution for your identity. You risk death or torture or public humiliation at the hands of a community blinded by hate and religious dogma. Your plight is about to worsen, since another bill making you illegal will soon pass into law.

Gay people are not the only ones who should fear the new bill criminalising homosexuality. Measures which make who you are a crime are easy to manipulate. It’s easy to persecute gay people in Uganda because they are a very small group which has no political or mainstream social support.

If you think those two groups deserve what they get, then recall the days not so long ago when you felt unfairly targeted for what you are. The last 47 years were not kind to many of us. So it is astonishing that we seem to have learned nothing about the importance of diversity to stability and development.

Uganda’s latest bid to terrorize that country’s LGBT citizens is being facilitated by the conspiracy of silence from Exodus board member Don Schmierer, Holocaust revisionist Scott Lively, and the International Healing Founation’s Caleb Brundidge. It was their three-day anti-gay conference in Kampala last March which started this mess. But with Uganda’s bloody history during the Idi Amin era, the current reign of terror by with the Lord’s Resistance Army, and the government’s ongoing repressive policies pitting one ethnic group against another (policies which led to widespread riots on Kampala last month), these three Americans are feeding at the trough of a long and troubling legacy. After nine months, their silence can mean only one thing: assent. Bloody assent. Very soon, the bloodstains will no longer wash off.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Does Exodus Support Criminalizing Homosexuality?

Jim Burroway

October 16th, 2009

Scores of Human Rights activists around the world have publicly denounced Uganda’s proposed anti-homosexuality bill which, in addition to lifetime imprisonment for those convicted of homosexuality, adds the death penalty for those who are HIV-positive. It also criminalizes all advocacy on behalf of LGBT citizens in Uganda, and contains an extra-territorial clause which extends the long arm of Ugandan “justice” to LGBT Ugandans abroad. Reading the text of the bill, it’s hard to imagine anyone crafting a worse piece of legislation.

The three Americans who kicked off this latest spasm of anti-gay hostility have really outdone themselves. This whole thing started last March when Exodus board member Don Schmierer, Holocaust revisionist Scott Lively, and Caleb Lee Brundidge of Richard Cohen’s International Healing Foundation conducted a three-day anti-gay conference in Uganda. Schmierer was there as the “ex-gay expert.” The result of that conference was the initiation of an anti-gay task force calling for strengthening Uganda’s already draconian anti-homosexuality laws. It also unleashed a wave of anti-gay vigilantism which led to arrests, torture, blackmail and ruined careers. According to Sexual Minorities Uganda, it has also led to several deaths, including the death of Brian Pande at Mbale Hospital as he awaited trial. And it has led to where we are today, with Parliament Wednesday giving first reading to this new proposal to effectively ban all freedoms — even the freedom to exist — for LGBT people and those who would support them and provide safe haven.

While human rights activists around the world have been quick to raise their voices for the defenseless, one might ask where’s Exodus in all this? Early signs indicate that you needn’t bother looking. Exodus Vice President Randy Thomas left a comment on Warren Throckmorton’s blog in which, speaking strictly for himself and not on behalf of Exodus, he condemned the proposed bill. It’s interesting that he can only say this speaking strictly for himself. Would Exodus be willing to say the same thing officially? Will they try to tamp down the wildfire their own board member helped to ignite? Thomas says don’t count on it:

Not sure that a statement from Exodus will happen. As for the past, Don never needed our permission to spend his own money to attend a non-Exodus conference to talk about topics from his books. He is one of the most caring people I have ever met and am glad those folks had a kind person to minister to them. That said I’ll be praying for doors to open for ways to try and speak love and redemption into what is obviously a very hostile environment.

This is a cop out. They knew about the conference long before it took place, when it was still possible to do something about it. And since then, they’ve tried every way they knew how to wash their hands of their board member’s handiwork. And they’ve refused to address the situation in Uganda where it really matters — in Uganda. This isn’t beyond their facility to do so. Uganda media has telephones, fax machines and email just like everyone else, and Don Schmierer has contacts over there. Exodus is not helpless or without resources.

And Exodus leaders certainly aren’t incapable of raising their voice when they want to. Anyone following Exodus International knows that this is not a shy outfit. We know well that they are very eager to have their voices heard on issues they really care about. They quickly went on record as being “troubled” by the ELCA’s vote to affirm same-sex relationships. On something like that they have no problem whatsoever finding their voice, loud and clear. Obviously, the decisions of a church to minister to those who are comfortable with their same-sex attractions — a decision which has no impact to conversion therapy or ministry to those who are “struggling with unwanted same-sex attractions” — is something that Exodus nevertheless cares deeply about.

But ask them to take responsibility for their own handiwork in Uganda, and we get unofficial excuses, denials, and crocodile tears. But no official statement, even though, according to Sexual Minorities Uganda, Exodus already has blood on its hands. And Exodus may well end up with more blood on their hands when the first HIV-positive gay person is executed by the Ugandan government.

Does Exodus Support Criminalizing Homosexuality?
Exodus’ silence is puzzling. But as disturbing as this silence is, it is in keeping with Exodus’ pattern of saying one thing to one audience and saying something else (or keeping silent) for another audience. And we see this whenever the subject of criminalizing homosexuality comes up.

For example, Alan Chambers told the American publication The Christian Post that Exodus doesn’t support Uganda’s policy of criminalizing homosexuality. He added that “neither Schmierer nor the ministry agrees or endorses Uganda’s criminalization of homosexuality law, imprisonment of homosexuals or compulsory therapy.”

That’s great as far as it goes. But this statement appeared in one specific forum to one specific audience concerning one specific set of circumstances. Uganda’s current law, which provides for lifetime imprisonment for those convicted of homosexuality, ought to be an easy law to denounce. So good on them for doing so. But they did it to that limited American Evangelical audience only, addressing only this particular set of circumstances. There was no attempt to make their position known to leaders in Uganda, not even to the evangelical Ugandan leaders who hosted the conference where the three Americans spoke. That’s where the message counts, not on the pages of the Christian Post.

So what if someone who hadn’t seen the Christian Post article wanted to know if Exodus supports criminalizing homosexuality? One would hope that the simple answer is no. And to find that simple answer, a natural place to look might be on Exodus’ own web site. But it turns out that the answer is not that simple, and perhaps not that “no” we were hoping for. It turns out that when one searches Exodus’ web site, one is left with the distinct impression that Exodus actually supports criminalization — at least as it existed in the U.S. before the Supreme Court struck down anti-sodomy laws in Lawrence v. Texas.

I have found only two statements on the Exodus web site related to criminalizing homosexuality, and both are reactions to the 2003 U.S. Supreme Court decision. In this “News Media Highlights,” Randy Thomas posted excerpts from “one who believes sodomy to be a sin and is directed to people who share that belief.” Thomas quotes the reaction of that unnamed writer with no further comment:

If the Supreme Court does repeal these laws, it will rob citizens, of all beliefs, the opportunity to enter their voice into the public record over this issue. Yet on the same hand it is this writers conviction that sodomy laws work against our redemptive witness.

So clearly that unnamed writer that Thomas quoted was against the Lawrence v. Texas ruling. But what about Exodus themselves? The only other statement I could find, this one quoting Alan Chambers, is equally negative:

As a result of today’s ruling, young people will be led into further confusion. Alan chambers [sic] states, “Our young people are not going to grow up under the same teachings about morality that we did. The school books will simply state that homosexuality was legitimized by the Supreme Court on June 26, 2003. We are risking the moral upbringing of all the generations to come. …”

Unfortunately, the political pendulum could swing harshly the other way. Americans of all conservative faiths are facing a serious problem; now that this decision damages the traditional view of sexuality and relationships, progay initiatives across the country will gain momentum. People of faith could potentially experience marginalization if we do not implement loving concern and active civic involvement.

Why won’t Exodus Speak Up Where It Matters Most?
So the question remains: What is Exodus International’s position on the criminalization of LGBT people? And if their position is any different from these two examples posted on their official web site – as Alan Chambers implied in the Christian Post — then why can’t they just say so on their own web site?

And more pressing, why can’t they raise their voice in Uganda? They ought to be able to do that pretty easily. After all, their own board member has some pretty powerful contacts over there.

One possible explanation for Exodus’ silence — and if this is true, then it means that they are far more petty than anyone can imagine — is that they don’t want to be seen as caving to “gay-identified activists.” But look at what’s happening. This isn’t some comparatively petty culture war over employment non-discrimination legislation or Don’t Ask, Don’t Tell. We’re talking about a very real and imminent matter of life and death in Uganda. At some point, if Exodus had an ounce of integrity or a smidgen of conscience, they would have to see that it’s time to suck it up, drop the defensive ego trip, screw whatever the “gay-identified activists” might say and do what they know in their hearts what needs to be done to try to fix what Schmierer helped break.

But so far — and you don’t know how eager I am to be proven wrong in this! — it looks like they have neither the integrity nor conscience. Their silence — or their actions; it’s their choice — will tell us everything we need to know about their character. Everything.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Human Rights Watch, Sexual Minorities Uganda Condemn Anti-Homosexuality Bill

Jim Burroway

October 15th, 2009

Human Rights Watch join sixteen other local and international human rights organizations in condemning the Anti-Homosexuality Act which has been introduced in Uganda’s Parliament. According to the HRW statement:

“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 government may be starting here, but who will be next?”

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.

“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 Uganda’s existing laws, the police arbitrarily arrest and detain men and women accused of engaging in consensual sex with someone of the same sex. Human rights organizations have documented cases of torture or other ill-treatment against lesbians and gay men in detention because of their sexual orientation.

Sexual Minorities Uganda has also circulated a statement condeming the bill. Their statement, which is not yet available on their web site, is reproduced in full below. It contains disturbing news of LGBT Ugandans who had died as a result of the latest anti-homoseuxality campaigns sparked by a three-day anti-gay conference last March.

Click here to read the statement from Sexual Minorities Uganda

Here It Is: The Text of Uganda’s Proposed Anti-Homosexuality Bill

Jim Burroway

October 15th, 2009

We just received early this morning the full text of the proposed Anti-Homosexuality Bill that was introduced into Uganda’s Parliament yesterday. It is greatly expanded from the earlier draft dated April 20, 2009.

Like the earlier draft, the current bill reiterates a lifetime imprisonment on conviction of homosexuality, and defines a new category called “aggravated homosexuality” with provisions for the death penalty upon conviction. Among the factors which can lead to “aggravated homosexuality” is if one partner is HIV-positive. This bill would mandate HIV testing to determine eligibility for “aggravated homosexuality.”

Also like the earlier draft, the bill includes a complete ban on all LGBT activities — including blogging — which could be construed as “promoting homosexuality.” This infringement on free speech,  peaceful assembly, and redress of grievances marks the elimination of fundamental human rights for LGBT Ugandans. The bill also bans all organizations which advocate on behalf of LGBT citizens and holds their leadership criminally liable with fines and imprisonment for up to seven years.

The bill also retains provisions which require that if someone knows that someone is engaging in homosexuality, that person is to report them to the police within twenty-four hours or face fines and/or up to a three year prison sentence themselves. The bill also extends jurisdiction to acts committed outside Uganda by Ugandan citizens. In other words, if a Ugandan citizen is known to be in a gay relationship outside the country, he will risk lifetime imprisonment (or death, if he’s HIV-positive) upon his return. The bill also provides for the extradition of citizens from abroad.

The bill also voids all treaties and international obligations which violate ” the spirit and provisions enshrined in this Act.”

The new bill adds some additional provisions over the previous draft. This bill adds the category of “attempted homosexuality” and provides a penalty of seven years in prison. For “attempted aggravated homosexuality,” the penalty is lifetime imprisonment. It also provides for compensation for “victims” of homosexuality, a provision in law which is sure to result in consensual partners turning against their partner to not only avoid the draconian legal penalties, but to claim the status of victim and seek compensation.

Further, the bill now adds an explicit ban on same-sex marriage. Anyone who enters into a same-sex marriage, either in Uganda or abroad, will liable for a lifetime imprisonment. New charges of “aiding and abetting homosexuality” and “conspiracy to engage in homosexuality” would carry a prison sentence of seven years. There is also a new charge for operating a brothel, with a definition so broad as to include any hotel owner. That, too, carries a prison sentence of seven years.

The original PDF of the document is here (PDF: 847KB/16 pages), and the full text is provided below.

Click here to read the full text of Uganda’s proposed anti-homosexuality bill

Jamaican Prime Minister: “No Acceptance of Same-Sex Unions”

Timothy Kincaid

October 14th, 2009

Jamaica’s parliament is considering a major proposed amendment to the constitution relating to rights and Bruce Golding, the Prime Minister, wants everyone to know that they aren’t even considering rights for gay citizens. (AP)

“I make no apology in saying decisively and emphatically that the government of Jamaica remains irrevocably opposed to the recognition, legitimization or acceptance of same-sex marriages or same-sex unions,” Golding said on Tuesday.
…
“There is the possibility that sometime in the future parliament could pass a law that says same-sex unions are legal but it won’t be done in this parliament. Not as long as I sit here.”

Although his words were limited to the legality of same-sex unions, Golding has made it abundantly clear that he sees no need to rein in the culture of anti-gay violence, hatred and murder that permeates all aspects of Jamaican life.

Let this serve as a reminder that whether or not you are gay, you should not consider Jamaica as a safe place to vacation. Those who celebrate the murder of gay men and women will not hesitate to find some reason to celebrate the mistreatment of you too.

Uganda Parliament Takes Up Anti-Gay Bill Adding Death Sentence and Bans on Free Speech

Jim Burroway

October 14th, 2009

Uganda’s Parliament took up the new Anti-Homosexuality Bill of 2009 today, giving the bill its first reading. Bills undergo three readings before becoming law. BTB previewed the bill last month when we received a surreptitious copy dated April 20. According to the pro-government New Vision newspaper, the bill appears unchanged from the earlier draft:

Aggravated homosexuality will be punished by death, according to a new bill tabled in Parliament yesterday. …A person commits aggravated homosexuality when the victim is a person with disability or below the age of 18, or when the offender is HIV-positive. The bill thus equates aggravated homosexuality to aggravated defilement among people of different sexes, which also carries the death sentence.

The Bill, entitled the Anti-Homosexuality Bill 2009, also states that anyone who commits the offence of homosexuality will be liable to life imprisonment. This was already the case under the current Penal Code Act. However, it gives a broader definition of the offence of homosexuality. A person charged with the offence will have to undergo a mandatory medical examination to ascertain his or her HIV status. The bill further states that anybody who “attempts to commit the offence” is liable to imprisonment for seven years. The same applies to anybody who “aids, abets, counsels or procures another to engage in acts of homosexuality” or anybody who keeps a house or room for the purpose of homosexuality.

The bill also proposes stiff sentences for people promoting homosexuality. They risk a fine of sh100m or prison sentences of five to seven years. This applies to people who produce, publish or distribute pornographic material for purposes of promoting homosexuality, fund or sponsor homosexuality.

The bill’s language prohibiting “promoting homosexuality” does not restrict itself to “pornographic material.” That is an invetion of the New Vision reporter, who equates anything advocating on behalf of LGBT people as pornographic. Instead, the bill addresses anyone invloved in the “production, trafficking, procuring, marketing, broadcasting, disseminating, publishing homosexual materials,” or “who acts as an accomplice or attempts to legitimize or in any way abets homosexuality and related practices.”

The bill also adds an unusual extraterritorial jurisdiction for those who are Ugandan citizens but who engage in same-sex relationships or LGBT advocacy overseas.

Opposition to the bill appears minimal according to The New Vision. It is highly unlikely that many lawmakers will vote against the bill, given the current environment where accusations of homosexuality have become a potent political tool.

This drafting of this bill appears to have coincided with intense lobbying efforts by anti-gay activists following a conference held in Kampala which featured American Holocaust revisionist Scott Lively and Exodus International board member Don Schmierer. Exodus International released a statement “applauding” Don Schierer’s participation in the conference which ended with calls to strengthen Uganda’s homosexuality laws. Exodus International president Alan Chambers denies that Exodus supports criminalizing homosexuality. Scott Lively, however, defended criminal laws against gay people.

That anti-gay conference quickly spawned other anti-gay meetings and rallies, including a march on Parliament on April 24, about the time this draft was written. By then, rumors were already circulating that anti-gay politicians sought to eliminate free speech by criminalizing LGBT advocacy, a rumor which was confirmed in Julyby Uganda’s Minister of State for Ethics and Integrity James Nsaba Buturo. Meanwhile, a full-fledged public vigilante campaign was released on Uganda’s gay community, leading to several reports of arrests and investigations.

The full text of the draft is available here.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.