Box Turtle Bulletin

Uganda President to “Review” Anti-Homosexuality Bill

The Ugandan tabloid Red Pepper says:

(President Yoweri) Museveni said he, “will first go  through the bill and if it is right, he will sign it into law but if he finds it not right, he will send it back to parliament”.

If cooler heads prevail, there are multiple ways in which cooler heads can slow-walk the Anti-Homosexuality Bill through its paces after it was impulsively passed by Parliament last week. Uganda’s constitution requires that Parliament sends the bill with all amendments incorporated to the President’s office “as soon as possible,” after which the President has thirty days to assent to the bill or send it back to Parliament with his objections. Since we don’t know how soon “as soon as possible” is, it’s not clear when that thirty day clock starts. If Museveni does send it back to Parliament, then Parliament will have the opportunity to consider changes to the bill, but will only have to pass it again with a simple majority to send it back to the President. If the President objects again, then he can send it back again, but this time it would take a two-thirds vote of Parliament for the bill to become law.

Anti-gay sentiment in Uganda is high enough that reaching the two-thirds bar would not be at all difficult. So the main opportunities to derail the bill would be to slow-walk it through its paces between now and 2016 when the current Parliament expires. Those four years may seem like an extraordinarily long time in most democracies, but Uganda’s Parliament runs on “Uganda time,” where bills have languished for a decade or more.

As for grounds that Museveni may use if he should decide to send the bill back to Parliament, he can find them in the minority report drafted by members of Parliament’s Legal and Parliamentary Affairs committee, which examines each clause of the Anti-Homosexuality Bill and provides legal and constitutional grounds for rejecting the entire bill.

Ugandan Anti-Gay Pastor Reiterates Opposition to Homosexuality

Solomon Male is a complex person. The Pentecostal pastor is as anti-gay as they come. In 2012, he was convicted by a Uganda court, along with anti-gay extremist pastors Martin “Eat Da Poo Poo” Ssempa, Michael Kyazze and three others, of conspiring to tarnish a rival pastor’s reputation by accusing him of homosexuality. Male (pronounced “MAHL-leh”). His appearance in the above clip from a 2011 BBC documentary further enhanced his anti-gay credentials with Western observers. But what has set him apart from other anti-gay extremists in Uganda is his long-repeated opposition to the Anti-Homosexuality Bill that was recently passed by Uganda’s Parliament. Yesterday, Daily Monitor, Uganda’s largest independent newspaper, reported that Male had taken a “U-turn” on the anti-gay bill:

“It is unfortunate that our MPs seem not to be serious with what to do with their time. They gave Ugandans the impression that there was no law to deal with homosexuality which was not true. Secondly the Bill they passed waters down the existing law and will simply give homosexuals opportunity to petition the constitutional court to strike it and other legal provisions out,” Pastor Solomon Male of the Arise for Christ Ministry told the Daily Monitor yesterday.

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

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.

Uganda Parliament Web Site Hosts Statement On Anti-Homosexuality Bill

The Uganda Parliament has posted a statement on its web site regarding the Anti-Homosexuality Bill, which was approved by Parliament earlier today. The statement is unsigned so it’s unclear whose views it may represent. It is reproduced below:

Parliament outlaws homosexuality
Parliament has finally passed the controversial Anti-Homosexuality Bill, criminalizing, outlawing and providing harsh jail terms for same sex relationships in the country.

The Anti-Homosexuality Bill, 2009, a Private Members’ Bill, was first presented to Parliament by Hon. David Bahati (NRM, Ndorwa West) in October 2009. It was one of the pending bills not considered at the end of the 8th Parliament, but saved and re-introduced for consideration by the 9th Parliament.

The Bill was then referred to the Committee on Legal and Parliamentary Affairs, which received submissions from among others the Ministry of Justice and Constitutional Affairs, Uganda Law Reform Commission, Uganda Human Rights Commission, Uganda Prisons Service, Civil Society Coalition on Human Rights and Constitutional Law and the National Association of Social Workers of Uganda.

Hon. Benson Obua Ogwal (UPC, Moroto), was excited as he moved the Bill for its Second Reading. “Ugandans have been anxiously waiting for this Bill. This day will be good day for all Ugandans,” he said.

The Anti-Homosexuality Bill, 2009 seeks to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting any form of sexual relations between persons of the same sex; and 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 other non governmental organization inside or outside the country.

The Committee on Legal and Parliamentary Affairs said in its Report, “The Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.”

The Committee also said that there is need to protect the children and youth of Uganda who are vulnerable to sexual abuse and deviations as a result of cultural changes, uncensored information technologies, parentless child development settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption and foster care.

The Anti Homosexuality Bill provides a fourteen year jail term for one convicted for the offence of homosexuality; and imprisonment for life for the offence of aggravated homosexuality.

However, two Independent Hon. Sam Otada (Kibanda) and Fox Odoi (West Budama North) differed from their colleagues on the Committee arguing that the Bill is discriminatory and that homosexuality was already prohibited in other existing laws.

“What two consenting adults do in the privacy of their bedroom should not be the business of this Parliament. It is not right to have the state allowed in the bedrooms of people,” they stated in their Minority Report.

The Prime Minister and Leader of Government Business, Rt. Hon. Amama Mbabazi, who also sought to defer the consideration of the Bill, argued that government was involved in negotiations over the proposed legislation.

“I was not aware that this Bill was coming up for debate. There are some issues on which we are still consulting,” he said adding, “This is an important Bill that we need to pass with a quorum in Parliament.”

The Bill, having been passed by Parliament, will be forwarded to the President for his assent before it can become law in Uganda.

Bryan Fischer Celebrates

Uganda stands with Phil. Makes homosexuality contrary to public policy. It can be done. http://t.co/QeEvVkfBGa

— Bryan Fischer (@BryanJFischer) December 20, 2013

Sexual Minorities Uganda Reacts To Anti-Homosexuality Bill’s Passage

Sexual Minorities Uganda has issued this release in response to Parliament’s passage of the Anti-Homosexuality Bill:

For Immediate Release

[Kampala, Uganda December 20, 2013]- Sexual Minorities Uganda (SMUG) has learnt with deep regret that the ninth Parliament of Uganda has passed the Anti Homosexuality Bill 2009.

SMUG has learnt that the Bill as passed by Parliament maintains the prohibition of consensual same sex acts between adults and prescribes a penalty of life imprisonment for so-called repeat offenders. It also requires “persons in authority, including persons exercising religious or social authority to report offences under the Act within twenty four hours or else face imprisonment for three years or a fine.” Furthermore, the Bill maintains the offence of “Promotion of Homosexuality” against anyone who acts as an accomplice or in any way abets homosexuality and “related practices”.

“I’m outraged and disappointed that the Uganda parliament has acted in a very ignorant and irrational way” said Frank Mugisha the Executive Director, SMUG. “We shall fight this legislation TO THE END.” he asserts.

While the Bill is yet to be signed into law by the President, SMUG condemns in the strongest terms the haphazard manner in which Members of Parliament passed it with little if any regard to procedure and to whether it complies with the 1995 Constitution as the Supreme law of Uganda. SMUG has received reliable information that the Bill was passed without the requisite quorum despite protests from some Members of Parliament. There is also no evidence that the Bill was subjected to the Human Rights Checklist which the Speaker of Parliament launched late this year.

“Today will go down in history as the worst day for LGBTI identifying persons and human rights in general. The passing of the bill has caused significant panic even before its assented” Mr. Mawadri, SMUG Legal/Human Rights Officer.

Should the President assent to the Bill, it would greatly undermine the fundamental Constitutional Rights of equality and non-discrimination of Ugandan citizens who identify as Lesbian, Gay or Bisexual (LGB). The Act would also have dire implications for the rights to privacy, assembly, association and speech in addition to other basics rights of members of the LGBTI community in Uganda. If assented to, the law would as well spell a major setback for the freedoms of association of human rights organisations engaged in the promotion of these rights. The law would also curtail Uganda’s gains against HIV/AIDS as it may compromise doctor-patient confidentiality, which could push LGB affect persons further underground for fear of prosecution.

SMUG reiterates that the Anti Homosexuality Bill undermines rather than upholds the family as it seeks to create fear and suspicion within families and societies and entrenches state sponsored homophobia.

The Act also undermines Uganda’s obligations under international and regional human rights instruments, which uphold the basic human rights principles of equality and non-discrimination.

SMUG calls upon; the President of the Republic of Uganda H.E Gen. Yoweri K. Museveni not to sign this bill into law so as to prevent its dire effects on human rights work and HIV/AIDS progress in Uganda.

We also call upon the entire international community to remind Uganda of its international treaty obligations and to join hands against the Anti Homosexuality Bill.

SMUG remains committed to pursue all possible lawful means to challenge the existence of such an intrusive law on Uganda’s Statute books, and to defend the fundamental human rights of sexual and gender minorities in Uganda.

Press Contact
Frank Mugisha
Tel: +256 772 616 062
Email: frankmugisha@gmail.com

Pepe Julian Onziema
Tel: +256 772 370 674
Email: onziema@gmail.com

Update: Here’s a link.

Uganda’s Parliament Passes Anti-Homosexuality Bill (UPDATED)

Breaking: Anti-Sodomy bill passed in Ugandans Parliament. Photo with David Bahati immediately after pic.twitter.com/Ih2gBcTfFg" @ntvuganda

— Martin Ssempa (@martinssempa) December 20, 2013

Breaking News : I am officially illegal : Uganda Parliament passes the Anti-Homosexuality Bill, 2009

— Dr. Frank Mugisha (@frankmugisha) December 20, 2013

AHB being debated right now in Parliament of Uganda. Motion for 2nd reading. Be very alert. Police raided our workshop just yesterday.

— BombasticKasha (@KashaJacqueline) December 20, 2013

There are multiple reports from Uganda media indicating that the nation’s Parliament has given its final approval to the notorious Anti-Homosexuality Bill today. The independent Daily Monitor leads with the story:

Parliament has passed the Anti-Homosexuality Bill, 2009, which proposes life imprisonment for homosexual acts.

A proposal for a 14-year-sentence for those convicted for homosexual acts, which the Bill criminalises, was rejected by Members of Parliament who instead maintained the life imprisonment proposal.

The tabloid Red Pepper confirms the story, as do Warren Throckmorton and the BBC, which reports that the bill apparently passed despite a possible lack of quorum in Parliament:

The prime minister opposed the vote, saying not enough MPs were present. …She says that Prime Minister Amama Mbabazi might follow up on his complaints about a lack of quorum, while it remains to be seen whether President Yoweri Museveni will sign the bill into law.

The government-owned New Vision reports that the Prime Minister said “there would be further ‘consultations’ on part of the government.” It also reports that President Yoweri Museveni “will decide if it becomes law or not.”

Parliament Speaker Rebecca Kadaga’s decision to bring the bill up for a vote appears to have been a surprise. There has been no indication that the bill would be brought for a vote in the Order Papers posted on Parliament’s web site.

It is unclear which provisions of the bill’s original proposals made it into the final version passed by Parliament. This BBC report indicates the death penalty was dropped, but news agencies, including the BBC, have a very long history of getting this wrong before. (Update: Parliament Watch tweets that the death penalty was removed in favor of life imprisonment.) Last year, the Legal and Parliamentary Affairs Committee made numerous recommendations to the bill, but held those recommendations secret. Warren Throckmorton has obtained a copy of those recommendations and posted them here.  The original bill (PDF: 847KB/16 pages) contained the following provisions:

Clauses 1 and 2: Anybody Can Be Gay Under the Law. The definition of what constitutes “homosexual act” as defined in the first two clauses are so broad that just about anyone can be convicted of just about anything, including “touching” with the “intent” of committing “homosexuality,” even when fully clothed. It also sets the penalty for any “homosexual act” as life imprisonment. The Legal and Parliamentary Affairs Committee recommended reducing that sentence to fourteen years, but based on news reports it appears that Parliament has rejected that recommendation. (Update: Parliament Watch tweets that the subclause outlawing “touching” with the “intent” of committing homosexuality was deleted.)
Clause 3: Anyone Can Be “Liable To Suffer Death”. And you don’t even have to be gay to be sent to the gallows. The Legal and Parliamentary Affairs Committee recommended replacing the death penalty with a life sentences, but it is not clear whether Parliament approved that recommendation. (Update: Parliament Watch tweets that the death penalty was removed in favor of life imprisonment.) But can anyone seriously imaging that spending a lifetime in Uganda’s notorious Luzira prison is any better? Especially once your fellow prisoners learn that you were sent there for “aggravated homosexuality”?
Clause 4: Anyone Can “Attempt to Commit Homosexuality”. All you have to do is “attempt” to “touch” “any part of of the body” “with anything else” “through anything” in an act that does “not necessarily culminate in intercourse.” The Legal and Parliamentary Affairs Committee recommended the removal of this clause for being “too hard and difficult to prove and may cause absurdities.” (Update: Parliament Watch conforms that Clause 4 was deleted.)
Clauses 5, 6, 8, 9, and 10: How To Get Out Of Jail Free. The bill is written to openly encourage and even opens the possibility for financial incentives for one partner to turn state’s evidence against another. The Legal and Parliamentary Affairs Committee recommended the removal of Clause 8, which would have prohibited the “conspiracy to engage in homosexuality.” The committee also recommended the removal of Clause 10, which would have prohibited the “detention with intent to commit homosexuality.” The reason given for the removal of both clauses was to prevent “absurdities.” At this time it is unknown whether Parliament followed through on those recommendations. (Update: Parliament Watch confirms that Clause 8 was deleted. They also confirm that Clause 10 was deleted.)
Clauses 7, 11, and 14: Straight People In The Crosshairs. The bill has specific clauses that would also target family members, doctors, lawyers, and even landlords for refusing to turn gay people over to the police or providing services to anyone that they know to be gay. The Legal and Parliamentary Affairs Committee recommended eliminating Clause 14 (“failure to disclose”), but it’s unclear whether Parliament adopted that recommendation. (Update: Parliament Watch tweets that the “failure to disclose” clause was deleted.) Providing services or providing lodgings still appear to be illegal.
Clause 12: Till Life Imprisonment Do You Part. Officiating a same-sex wedding results in up to three years’ imprisonment. The Legal and Parliamentary Affairs Committee recommended changing the penalty for entering into a marriage from life to fourteen years. It’s unclear whether that recommendation was adopted. (Update: Parliament Watch tweets that the penalty for conducting a marriage was raised to seven years.)
Clause 13: The Silencing of the Lambs. All advocacy — including suggesting that the law might be repealed — will result in prison sentences.
Clause 14: The Requirement Isn’t To Report Just Gay People To Police. It’s To Report Everyone. A closer look shows that the requirement to report doesn’t just apply to gay people, but to anyone, gay or straight, who violates the law’s clauses. (Update: Parliament Watch tweets that the “failure to disclose” clause was deleted.)
Clauses 16 and 17: The Extra-Territorially Long Arm of Ugandan Law. “Crimes” committed outside of Uganda by Ugandan citizens or residents will result in prosecution in Uganda.The Legal and Parliamentary Affairs Committee recommended eliminating these clauses, but it’s unclear whether Parliament adopted that recommendation
Clause 18: We Don’t Need No Stinking Treaties. The bill not only violates several international treaties, it also turns the Ugandan constitution on its head. The Legal and Parliamentary Affairs Committee recommended eliminating Clause 18, but it’s unclear whether Parliament adopted that recommendation
Clauses 15 and 19: The Establishment Clauses For The Ugandan Inquisition. These clauses empower the Ethics and Integrity Minister to enforce all of the bill’s provisions. He’s already gotten a head start.

Retired Ugandan Bishop Renews Call for Anti-Homosexuality Bill

From Uganda’s largest independent newspaper, Sunday Monitor:

Bishop Emeritus for Bukedi Diocese Nicodemus Okile, who retired last year after 28 years of services on Friday accused Members of Parliament of debating issues of less serious consequences at the expense of matters with moral implications on the citizens. “The issue of homosexuality has been shelved. Members of Parliament should learn to deal with one issue at a time instead of haphazardly debating on matters,” Bishop Okile said. …”What about the Bill on homosexuality. Why has it gone silent?” Bishop Okile asked.

Okile made those remarks during the funeral for a fellow Anglican bishop. In 2008, Okile announced that he would no longer recognize Archbishop of Canterbury Rowan Williams as head of the church because of his stance on homosexuality.

The Anti-Homosexuality Bill does appear to have gone dormant. The last time its passage appeared imminent was in late 2012 as Parliament was debating a controversial clause in a proposed Petroleum Bill which granted a presidential appointee exclusive powers to negotiate, approve, and/or revoke lucrative oil exploration and drilling contracts, all with virtually no oversight from Parliament. That measure squeeked through in a last-minute maneuver. Parliament also passed a controversial Public Order Management Bill, which gives the President and police broad powers to break up unapproved opposition meetings, including small gatherings in private homes. While those bills were being considered, the AHB was kept in reserve on Parliament’s official agenda, apparently to serve either as a distraction or as a politically necessary unifying vote. Since the Petroleum Bill’s passage, AHB slowly drifted down from its number one spot under Parliament’s “Business to Follow,” only to disappear altogether at the end of June, 2013.

The AHB remains a part of official business however, and can be brought back at any time. This Sunday Monitor report erroneously suggests that the death penalty has been removed, but Parliament has not actually taken the required vote to do so. You can see our clause-by-clause examination of the Anti-Homosexuality Bill beginning here.

Uganda MP’s Seek To Avoid Public Debate On Anti-Homosexuality Bill

MP Moses Balyeku hears from his constituents about the Marriage and Divorce Bill (Daily Monitor/Denis Edema)

Uganda’s Parliament returns today following an extended Easter break, when MP’s heard several earfuls from their constituents over the controversial Marriage and Divorce Bill. I’m not up on the bill’s provisions, but Ugandan media reports seem to indicate that the bill, part of a four-year effort to modernize Uganda’s marriage and divorce laws, has run into a buzz saw of controversy from several quarters. Religious leaders have come out against it, as have traditional community leaders. In Karamoja, a subregion in northeast Uganda along the border with Kenya  and South Sudan, local elders have threatened to visit their traditional spiritual sites to place a curse on politicians supporting the bill. “We are going to slaughter several bulls and eat blood for seven days in the Atekerin Mountain to fail that Bill and curse those MPs pushing for it,” said one resident. President Yoweri Museveni is now backtracking from the bill, and Daily Monitor reports that other MP’ have “asked Parliament to abandon the Bill and address other issues crucial to the population.”

What does this have to do with the Anti-Homosexuality Bill? Well, according to the most recent Orders Paper (Word: 41KB/2 pages) posted by Parliament from last month, one of those “other issues crucial to the population” is the kill-the-gays bill, which was number 3 under “Notice of Business to Follow.” It has been hovering in the top half of that on-deck list since last November, waiting in the wings as Parliament tears itself apart over other divisive and contentious issues. The thing about the AHB to remember is that it is in no way contentious or controversial, at least not inside Uganda where it enjoys overwhelming support, death penalty and all. But controversy outside of Uganda has made the bill an enormous headache for the country’s political leaders. Already, several European countries made good on their threats to cut direct aid over rampant corruption. When Germany joined five other nations in cutting aid, it added the pending Anti-Homosexuality Bill to its list of concerns.

This places Ugandan politicians in a bind. On the one hand, the AHB is hugely popular with their constituents, and there is no political advantage whatsoever in opposing the bill. On the other hand, being linked to the bill threatens to make those same politicians pariahs outside of Uganda. As the opposition Observer reports, this has led many politicians to call for debating the bill in private:

However, The Observer understands that some lawmakers have toyed with the idea of lobbying Speaker Rebecca Kadaga for a closed-door session when debate on the bill starts. National Youth MP, Monica Amoding, told The Observer that some MPs on the Legal and Parliamentary Affairs committee proposed the move because of the sensitive nature of the bill.

“This subject is very sensitive and some of us fear that if it is discussed in public view, we will be persecuted for holding particular views,” Amoding said. Not surprisingly, she refused to state whether she supports the bill.

Another MP, who requested anonymity, explained that supporting the bill publically could lead to being blacklisted. He cited David Bahati, the main promoter of the bill, saying the MP has been ostracised by some elements in the West because of his views.

“We have some projects that are funded by donors and at the same time we don’t want to be misunderstood by voters. So, it is better to remain silent to avoid being blacklisted,” he said.

The Observer goes on to list the names of 34 MP’s who publicly support the Anti-Homosexuality Bill. It might be prudent to retain this list for future reference.

Yahaya Gudoi (Bungokho North,NRM)
Isabirye Idi (Bunya South,NRM)
Lyndah Timbigamba (Kyenjojo Woman, NRM)
Jovah Kamateka (Mitooma Woman,NRM)
Cyrus Amodoi (Toroma, Indep)
Barnabas Tinkasiimire (Buyaga West, NRM)
Chris Baryomusi (Kinkizi East, NRM),
Arinaitwe Rwakajara (Workers, NRM)
Hellen Asamo (PWD Eastern, NRM)
Martin Drito (Madi Okollo, NRM)
Amos Mandera ( Kooki, NRM)
George Ekuma (Bukedea, NRM)
Rose Akol (Bukedea Woman, NRM),
Michael Ayepa (Labwor, NRM),
Remigio Achia (Pian, NRM)
Elizabeth Karungi (Kalungu, NRM),
Hatwib Katoto (Katerera, NRM)
Hanifah Kawooya (Sembabule Woman, NRM)
Twa Twa Mutwalante (Iki Iki,NRM)
Geofrey Ekanya (Tororo,FDC)
Olivia Kabala Kwagala (Iganga, NRM)
Benard Atiku (Ayivu,FDC)
Bakaluba Mukasa (Mukono North, NRM)
Stephen Birahwa (Buliisa, NRM)
James Kakooza (Kabula, NRM)
Kaps Fungaroo (Ubongi, FDC)
Tophace Kaahwa (Hoima Woman, NRM)
Mary Turyahikayo (Rubabo, NRM)
Abdu Katuntu (Bugweri, FDC)
Mathias Mpuuga (Masaka Municipality, Indep)
Joseph Ssewungu (Kalungu West, DP)
Vincent Ssempija (Kalungu East, Indep)
Mariam Nalubega (Butambala Woman, Indep)
Muwanga Kivumbi (Butambala, DP)
Jesca Ababiku (Adjumani Woman, Indep).

Uganda’s President Denies Anti-LGBT Persecution

Uganda’s President Yoweri Museveni reportedly told a visiting delegation from the Robert F. Kennedy Center for Justice and Human Rights that there was no marginalization or killing of LGBT people in Uganda. Both the government-owned New Vision and the independent Daily Monitor reported on Museveni’s remarks yesterday According to New Vision:

President Yoweri Museveni has said the issue of homosexuality and lesbianism has been totally distorted leading to wrong public debate.

“In our society, there were a few homosexuals. There was no persecution, no killings and no marginalization of these people but they were regarded as deviants. Sex among Africans including heterosexuals is confidential,” Museveni said.

“If am to kiss my wife in public, I would lose an election in Uganda. Western people exhibit sexual acts in public which we don’t do here,” he said, adding that, Africans do even punish heterosexuals who publically expose their sexual acts.

The president said what is new is the way Europeans and other Western people handle the issue of sexuality in general, including public flaunting which is a problem and luring young people into acts of homosexuality for money.

He said attempts to promote homosexuality as an alternative way of life has led to engagements in running battles with the church.

“You have a lot of room in your house, why don’t you go there. Sex is a bilateral issue, not a multilateral one,” he said.

Among the delegation was Kerry Kennedy, daughter of the late Sen. Robert Kennedy. In 2011, the Kennedy Center for Justice and Human Rights honored Sexual Minorities Uganda executive director Frank Mugisha with the Robert F. Kennedy Human Rights Award. According to Daily Monitor:

Ms Kennedy, who was accompanied by several lawyers, actors and religious leaders, expressed concern over the pending Anti-Homosexuality bill, reports of harassment of the Gay and Lesbian Community in Uganda and over the exposure of the identities of sexual minority groups. She also said the pending bill on homosexuality works against the international law treaties that Uganda has signed. Ms Kennedy cautioned against the misconceptions that equate paedophiles with homosexuals.

New Vision reported that Kennedy also told Museveni that “it is a violation of people’s rights to put pictures of sexual minority groups in the [news] papers.” Museveni reportedly promised to investigate:

Reacting to various issues raised by the team, Museveni said he would investigate claims of violence against homosexuals, adding that for a viable solution, activists must respect the confidentiality of sex in our traditions and culture. He reiterated that in Uganda, “there is no discrimination, no killings, no marginalization, no luring of young people using money into homosexual acts”.

Museveni did not directly address the Anti-Homosexuality Bill, which still incudes the death penalty for what it defines as “aggravated homosexuality.” Some observers believe that in these statements he was distancing himself from the proposed legislation. I don’t see it that way at all. Besides, the Anti-Homosexuality Bill has been an exceptionally useful tool for Museveni’s government as it pursues other political agendas.

The bill still remains on Parliament’s agenda, under the heading of “Business to follow,” where it has occupied various spots since November. Parliament is currently on break until April as it wrangles over the highly controversial Marriage and Divorce Bill, which is wrapped up in highly emotional arguments over women in society and, in addition, pits government policy against entrenched and longstanding tribal practices. In fact, it was a walk out by women MP’s in a dispute over the Marriage and Divorce Bill in the closing days of the Eighth Parliament in 2011 which prevented the Anti-Homosexuality Bill from coming to a vote. With the Marriage and Divorce Bill back on the agenda, it appears that the AHB is again playing its normal role, having been placed on stand-by in case a unifying vote is needed to  heal fractures in Parliament, or if a popular vote is needed to salve outraged sectors of the general public.

Uganda’s Anti-Homosexuality Bill Rises To Top of Parliament’s “Business to Follow”

The Anti-Homosexuality Bill, the draconian legislation that would seek to wipe LGBT people out of existence, has risen to the top of the Uganda Parliament’s “Business to Follow” list on today’s Order Paper (Word: 43KB/2 pages). The bill’s rising profile occurs as Parliament is set to consider two other contentious bills: a second Petroleum Bill to regulate gas processing and conversion, transportation, and storage; and a Public Order and Management Bill, which comes in the wake of widespread protests by opposition leaders and ongoing police crackdowns on freedom of assembly on behalf of the government. It also follows a highly controversial Marriage and Divorce Bill, which, like the Anti-Homosexuality Bill, has been in the works since 2009. In fact, it was a walkout over the Marriage and Divorce Bill which denied the previous Parliament its working quorum and led to that Parliament’s expiration before it was able to vote on the Anti-Homosexuality Bill.

All three bills ahead of the Anti-Homosexuality Bill are allocated sixty minutes on the agenda, but it may, in fact, take weeks for Parliament to make their way through these bills. The Petroleum Bill first appeared on Parliament’s Order Paper last Wednesday (Word: 36/2 pages) with its allocated sixty minutes of fame. Nearly a week later, and it’s still there awaiting action. That same day, the Anti-Homosexuality Bill was at number four under “Business to Follow”, and the Marriage and Divorce Bill was placed at number five. The next day (Word: 41KB/2 pages), the Anti-Homosexuality Bill rose to the number  three spot under “Business to Follow,” but the Marriage and Divorce Bill leapfrogged to number two, just behind the Public Order and Management Bill.

The last time the Anti-Homosexuality Bill made it to the top of Parliament’s “Business to Follow,” the house was wrangling over a highly controversial Petroleum Bill which would grant vast powers to the Energy Minister, a presidential appointee, giving the minister sole discretion in negotiating, signing and revoking lucrative oil exploration and drilling contracts. Uganda is already rated as one of the more corrupt nations of East Africa, and critics charged that the first Petroleum Bill would amount to legalizing the theft of the country’s newly-discovered oil wealth. That bill was finally passed in a deft, last-minute move when there just happened to be the precise number of people on hand in Parliament to form a bare quorum. Soon after, the Anti-Homosexuality Bill quickly fell to number seven in Parliament’s “Business to Follow.” The bill’s recent rise on the on-deck list follows a familiar pattern of being retained close at hand in case it is needed as either a carrot, a unifying reward or a distraction if one of the other more contentious bills results in turmoil in the House.

The Anti-Homosexuality Bill would, in its current form, bring the death penalty or life imprisonment for gay people, and would endanger everyone else with lengthy prison terms for either knowing, providing services, or defending them. A complete clause-by-clause examination f of the bill’s nineteen clauses begins here, and our examination of the numerous false reports that the death penalty has been removed is here. A description of the Parliamentary process is here; with the Anti-Homosexuality Bill now at step “C.” If the bill is passed by Parliament, the Uganda Constitution spells out these options before the bill becomes law.

Uganda’s Parliament Resumes With Anti-Homosexuality Bill Waiting In the Wings

Uganda’s Parliament has returned after a nearly two month break, with the Anti-Homosexuality Bill listed as number eight under “Business to Follow” in yesterday’s order paper (Word: 37KB/2 pages), as well as today’s ( Word: 42KB/2 pages). There are at least a couple of ways to read this. First, this is the lowest position the Anti-Homosexuality Bill has occupied on the Parliament’s agenda since the Legal and Parliamentary Affairs Committee announced that it had completed its report on the bill. That announcement included unverified claims that the death penalty would be removed from the bill, claims that we had seen before and were proven to have been falsely made. So for those looking for signs of encouragement, the bill’s low placement on the agenda — after a report on the African Space Research Program — may be taken as something of a positive sign.

But there is also another way to look at it, and it is consistent with what I’ve observed before: the Anti-Homosexuality Bill always seems to be hanging around whenever any other divisive issue is consuming the public’s or politicians’ attention. You may recall that when Parliament was fighting over the highly controversial Petroleum Bill last December, the Anti-Homosexuality Bill was waiting in the wings at number one under “Business to Follow,” and there it remained until after the Petroleum Bill passed in a hurriedly-called session. That Petroleum Bill was extremely controversial because it gave sweeping powers to a presidential appointee to sign and cancel oil drilling licenses, opening the way to massive corruption in the oil sector. Within a week of that bill’s passage — in a very hurriedly-called session when, coincidentally, there just happened to be a bare minimum of MP’s on hand to form quorum — the Anti-Homosexuality Bill was shoved down to number six, then to number seven, under “Business to Follow,” where it more or less remains today.

So look at where the bill is today. Placed above the Anti-Homosexuality Bill under “Business to Follow” are various reports investigating payouts for road construction and a cement company (both of which are mired in allegations of financial irregularities), a report on an investigation on irregularitites in the Electrical Subsector of a Petroleum Bill (a different Petroleum Bill from last December’s), and the Public order and Management Bill. That last one is likely to be particularly contentious, as it would grant the President and his cabinet unilateral powers to quash the freedom of peaceful assembly and dissent. And none of those issues even hint at a massive controversy taking place outside Parliament over the sudden death of a popular young Member of Parliament and the government’s ham-handed attempts to repress an independent investigation of the mysterious circumstances surrounding her death.

And so once again, the Anti-Homosexuality Bill placement on the agenda follows a fairly well-established pattern, and is consistent with my earlier speculation that the Anti-Homosexuality Bill’s true role in Parliament is to remain close at hand as a potent distraction (if needed) or as a unifying rallying point after a controversial vote (again, if needed).

For our clause-by-clause of the Anti-Homosexuality Bill’s provisions, start here. For a quick view of how a bill becomes law in Uganda, click here. The bill’s place in that process is little changed since that post was written, as it has not yet gone to the plenary stage. For a review of what happens if Parliament does pass the bill, click here. And if someone tries to tell you that the death penalty has already been removed from the bill, refer them here.

Ugandan Official Says Anti-Homosexuality Bill Already Hurting Economy

I should note first that The Observer is an opposition publication in Uganda, so it’s hard to know how influential this debate might be, which David Tash Lumu describes as taking place “on the steps of Parliament” between several members of Parliament and a Deputy Secretary to the Treasury:

So at a time when the University of Buckingham in the UK has reportedly severed ties with Victoria University over the bill, which the Speaker of Parliament, Rebecca Kadaga, promised to pass last year as a “Christmas gift”, a rare debate happened at the steps of the august House. The MPs who were part of this debate included James Kakooza (Kabula), Fox Odoi (West Budama North) and Geoffrey Ekanya (Tororo).

This reporter was also part of the debate that sucked in (Deputy Secretary to the Treasury) Keith Muhakanizi. While Kakooza suggested the bill would protect the morals of the country, Fox Odoi, a member of Parliament’s committee on Legal Affairs that scrutinised it, argued that it is illogical to legislate on morality. Odoi, who has written a minority report bashing the bill, added that if lawmakers ignore his report and pass the bill, they will have set a wrong precedent—that government can enter or legislate what happens in your bedroom.

Ekanya, the shadow Finance minister, however expressed worry about the economy, arguing that the aid cuts have happened not because of corruption but largely because of this bill. Ekanya added that the bill is the best ammunition President Museveni has right now—because he uses it to scare donors.

“He must be saying that if you don’t give us the money, I am going to tell MPs to pass this bill,” Ekanya said.

But Muhakanizi dismissed this and accused MPs of not being sensitive about the economy. He said by bringing up such a bill, the MPs are hurting the economy because they have failed to look at the far-reaching financial consequences of passing it.

“I have never seen a country like this where politicians hurt the economy instead of building it,” he said.

Again, it’s hard to understand what level of importance to place in this. Kakooza is a member of the ruling National Resistance Movement (NRM), which holds a dominating super-majority of seats in Parliament. Odio is Independent member, and Ekanya is a member of the Forum for Democratic Change (FDC), the main opposition party in Uganda.

The Anti-Homosexuality Bill was reintroduced into Parliament in February, 2012, and spent the next several months languishing quietly in the Legal and Parliamentary Affairs Committee. Later last summer, Parliament leaders began hinting that the bill would be voted on by the end of the year. In November, Speaker Kadaga promised to pass the Anti-Homosexuality bill as a “Christmas gift to Ugandans.” The bill looked as though it would re-emerge on the House floor as Parlaiment began debating a highly controversial Petrolium Bill, which granted the presidentially-appointed Energy Minister with sweeping power to sign and cancel lucrative oil contracts with no oversight from Parliament.

 As tensions mounted over the Petroleum Bill, the Anti-Homosexuality Bill rose to the top of Parliament’s list of “Business to follow,” potentially as a unifying incentive to ease the passage of the Petroleum Bill. Parliament nevertheless broke down in chaos over the Petroleum bill, only to regroup and pass it. It was thought that by getting the Petroleum Bill out of the way, the Anti-Homosexuality Bill would be the next item for discussion, but instead it was immediately lowered in priority on the Parliament’s list of business to follow. Parliament went on Christmas break on December 14, and will resume on February 4.

Meanwhile, a massive corruption scandal exploded in the Prime Minister’s office when it was discovered that foreign aid funds from several European countries were diverted to private bank accounts of more than a dozen Ugandan officials. Britain, Ireland, Germany, Norway, Denmark, and Sweden announced aid cuts due to the scandal. Germany’s announcement also cited the Anti-Homosexuality Bill as a reason. Earlier this week, Britain’s University of Buckingham announced that it was ending its relationship with Victoria University in Kampala over the pending legislation.

Despite numerous false reports to the contrary, the death penalty is still in the Anti-Homosexuality Bill.

British University Cuts Ties With Uganda Affiliate Over Anti-Gay Bill (UPDATED)

According to a statement posted on the University of Buckingham web site, the university has suspended the validation of some of the courses offered at Victoria University in Kampala:

Over the last few months, the University of Buckingham has been in discussions with our partners, Edulink, who own Victoria University in Kampala, Uganda, about our continued validation of some of Victoria University’s courses. We have both become increasingly concerned about the proposed legislation in Uganda on homosexuality and in particular the constraints on freedom of speech in this area. In the light of this we have agreed to suspend our validation on the assurance that Edulink would produce viable arrangements for existing students on our validated courses to complete their studies. We will of course assist Edulink with any validation support needed to achieve this.

In February 2011, University of Buckingham announced that they were entering an agreement with Victoria University to provide courses produced by Buckingham, with the goal over time of embarking on joint research and providing educational programs which would meed the British standards for East African students.

Update: BTB commenter Bose in St. Peter MN found this statement from Victoria University which provides further context (PDF: 1 page/283KB):

Under both UK and Ugandan law discrimination on a variety of grounds is prohibited; however there are fundamental differences between the two nations’ respective laws regarding equality and diversity, which cannot be reconciled. After seeking legal guidance from both UK and Ugandan lawyers, Victoria University and University of Buckingham have concluded that as the laws of Uganda and UK presently stand, Victoria University cannot comply with both sets of laws.

Therefore, the collaboration between Victoria University and the University of Buckingham has been suspended because it cannot operate in a status of legal uncertainty and/or non-compliance.

Ugandan Seventh-Day Adventist leader disputes support for Anti-Homosexuality Bill

Seventh Day Adventist pastor Blasious Ruguri

Earlier this week the Ugandan government owned newspaper, New Vision, reported that Pastor Blasious Ruguri, the Seventh-day Adventist church president in East and Central Africa, said the church supports the Anti-Homosexuality “Kill the Gays” Bill. Ruguri is now disputing that report. (Adventist News)

The newspaper article suggests that Pastor Blasius Ruguri fully supports proposed legislation before the Ugandan Parliament that may include incarcerating and even executing people for same sex intimate contact.

In response to those reports, pastor Ruguri today said, “It is unfortunate that the media took the liberty to extend my statements to suggest what I did not say or imply. I have never seen that bill. Mine was a general statement to disapprove of homosexual practice and behavior. Our church is a ministry of mercy, and as a minister in the Seventh-day Adventist Church I cannot condemn homosexuals to death or to hell.”

The Seventh-day Adventist Church subscribes to the biblical teaching that the practice of homosexuality is condemned by God and is forbidden, church officials said. At the same time, the church is strongly opposed to acts of violence, hatred or discrimination against a person because of his or her sexual orientation.