Pambazuka - Bahati’s bill: A convenient distraction for Uganda's government

Urgent Action Alert: Uganda Anti-Homosexuality Bill would criminalize writers, artists, theatre-makers, journalistsTuesday, October 20, 2009 7:22 PM


From: This sender is DomainKeys verified"Shailja Patel" View contact details
To: shailjapatel@gmail.com
Friends and colleagues,

Please read the action alert below, circulate widely, and act on it.

Note that the draconian language of the bill would also criminalize writers, artists, scholars, journalists, performers, of any sexual orientation, whose work might be interpreted as "promoting homosexuality". Such as the Caine Prize-winning story "Jambula Tree" by Ugandan writer Monica Arac de Nyeko. It is therefore, a sweeping attack on creativity, imagination, scholarship, journalism, freedom of artistic expression, that we cannot allow to be implemented.

In community,

--
Shailja Patel
www.shailja.com
Cell: 510 282-3448

Youtube video of "Eater of Death" at Bioneers
http://www.youtube.com/user/Bioneers#p/u/13/p8bxP2AP5xQ

URGENT ACTION ALERT - TAKE ACTION NOW!!!

Join the International Gay and Lesbian Human Rights Commission (IGLHRC) and Sexual Minorities of Uganda (SMUG) in calling for the swift dismissal of the Anti-Homosexuality Bill of 2009 and the protection of all Ugandans, regardless of their sexual orientation or gender identity.
Send this message »
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

Permanent Representative of the Republic of Uganda to the United Nations
Dr. Ruhakana Rugunda
Fax: 1-212-687-4517
email: pkamunanwire@ugandaembassyus.org

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:








Bahati’s bill: A convenient distraction for Uganda's government

Solome Nakaweesi-Kimbugwe and Frank Mugisha

2009-10-16, Issue 452

http://pambazuka.org/en/category/comment/59556


cc GBMNews
As Ugandan MP David Bahati spearheads a campaign around the adoption of the homophobic 'Bahati's bill', Solome Nakaweesi-Kimbugwe and Frank Mugisha call for an unwavering rejection of a piece of legislation entirely against the interests of wider Ugandan society. With strong suspicions of Bahati's financial backing by extreme-right Christian groups in the US, the bill seeks not only to establish draconian punishments for homosexual acts but also to actively encourage Ugandans to snoop on one another indefinitely for the supposed good of the nation. If homophobes like Bahati were really worried about 'protect[ing] the traditional family', Nakaweesi-Kimbugwe and Mugisha argue, they'd concern themselves with tackling the conditions keeping so many Ugandans in poverty, rather than making scapegoats of homosexual people. The authors conclude that with an election approaching in 2011, the momentum behind the bill smacks of a none-too-subtle attempt to divert attention away from Uganda's true issues.
BAHATI’S 'ANTI-HOMOSEXUALITY BILL'

On 14 October 2009 the Hon. David Bahati (MP, Ndorwa County West, Kabale) tabled a private-members bill before the Ugandan parliament titled the 'Anti-Homosexuality Bill'. When it was tabled, the Minister for Ethics and Integrity Dr James Nsaba Butoro made a strong statement in support of the bill and for the greater sanction of individuals and organisations supporting homosexuality. The bill is aimed at increasing and expanding penalties for 'homosexual acts' and for all institutions (including NGOs, donors and private companies) who defend the rights of people who engage in sexual relations with people of the same gender. The bill also calls for Uganda to withdraw from all international treaties and conventions which support the rights of lesbians, gays and bisexuals, introduces extradition arrangements for Ugandan citizens who perform 'homosexual acts' abroad, and includes legal penalties for people who fail to report alleged homosexual acts or individuals and institutions that promote homosexuality or same-sex marriage to the authorities. The death penalty is mandated for HIV-positive people who engage in sex with people of the same gender. The tabling of the bill has been accompanied by threats against any Ugandan media organisation that allows LGBT (lesbian, gay, bisexual, and transgender) Ugandans to air their views or publish press statements.

Bahati’s bill is an alarmingly retrogressive piece of legislation, aimed at legalising hatred against a section of the Ugandan citizenry, but also importantly at controlling and censoring dissent and open public debate. In legal terms, the bill would set a precedent for state authorities to control rights to freedom of expression, freedom of thought and freedom of association for state and non-state actors. It would also set a precedent for government censorship of internal workplace and other policies of national and international institutions operating in Uganda.

The bill is clearly a diversion from the serious issues facing Uganda’s policy-makers today in the lead-up to the 2011 elections especially around livelihoods; poverty and the lack of jobs; electoral reforms; lasting solutions to the northern Uganda peace process; political conflict; ethnic tensions and the unresolved land question; high rates of violence against children and against women (perpetrated largely by heterosexual men); and the ongoing impact of HIV/AIDS. It also poses a serious threat to press and academic freedom, human rights activism overall, and indeed to Uganda’s commitment to the values of human rights and democracy upheld by its own constitution and by the regional and international systems to which it belongs.

WESTERN-BACKED HOMOPHOBIA

A common claim put forward by homophobes in Uganda is that Western donors and human rights organisations are encouraging the spread of homosexuality in Uganda. Interestingly, what they never admit to is that fact that their own campaigning and mobilisation against lesbians and gay people is itself funded and supported by actors in the West, more specifically the Christian rightwing in the USA. There is evidence to suggest that support for Bahati’s bill has come from extreme-right Christians in the United States of America who are working through allied churches and parliamentarians in Uganda. In March 2009 the Family Life Network, led by Ugandan Pastor Stephen Langa (affiliated to the Kampala Pentecostal Church), hosted a workshop entitled 'Exposing the truth behind homosexuality and the homosexual agenda'. The workshop trainers included members of three American organisations well-known in US Christian rightwing circles:

- Scott Lively, co-founder of the hate group Watchmen on the Walls and author of The Pink Swastika, a pseudo-history book claiming that militant male homosexuals helped mastermind the Nazi holocaust
- Caleb Lee Brundidge, a 'sexual reorientation' coach for the International Healing Foundation, a Christian organisation that aims to 'free' people from 'unwanted same-sex attraction'
- Don Schmierer, a board member for Exodus International, an umbrella body for Christian groups that seek to 'reform' homosexuals using Christian teachings.

Alongside the workshop, the Americans also met with MPs and influential religious actors. The Family Life Network has mobilised through churches across the country to deliver a petition to parliament calling for the introduction of stronger legislation against homosexuality. Bahati’s bill is the result.

It's worth noting that it costs a considerable amount of money, time and processes to table a private-member’s bill, which begs the question of how the MP from Kabale District is financing this process? It has also been common practice for the mushrooming pastors and churches to use homophobic attacks on opponents as a way to discredit each other and sway faithfuls.

CONTENT AND IMPLICATIONS OF BAHATI’S BILL

The tabled bill aims at increasing the scope of laws established in the British colonial era prohibiting 'carnal knowledge against the order of nature' and acts of gross indecency. These articles of the penal code and are already being used to arrest, detain and prosecute Ugandans allegedly engaging in 'homosexual acts'.

Bahati’s bill would establish legal definitions for homosexuality and homosexual acts, include explicit prohibitions for sex between men and between women, reinforce legislation against same-sex marriage, and establish a wider range of penalties for both the performance of homosexual acts and for the support of sexual rights broadly and the rights of homosexuals in particular.

Criminalising the practice of homosexuality

The bill criminalises homosexual acts, with penalties ranging from up to 10 years imprisonment for single acts of homosexual sex to life imprisonment and the death penalty for a category of crime labelled 'aggravated homosexuality'. The latter includes an HIV-positive person having sex with a person of the same gender, and same-gender sexual relations with people with disabilities and with legal minors. The offence of homosexuality includes any person who 'touches another person with the intention of committing homosexuality' (Article 2.c.), an alarmingly broad provision which is open for wide interpretation and malicious use given that the burden of proof is vague.

In criminalising sexual acts between consenting adults, the bill’s provisions directly violate the right to privacy, to equality and concepts of bodily integrity and autonomy.

Bahati’s proposed bill also supports stigma and discrimination against HIV-positive people, and would undermine years of efforts to tackle the epidemic. Uganda has been considered as a 'best practice' leader in the fight against HIV and AIDS, and has received significant amounts of international support for its HIV and AIDS programming from donors such as the Global Fund for HIV and Malaria. If passed, this leadership status would be put in serious question and has potential to down-roll the stewardship and achievements achieved thus far.

The social implications of the bill are equally problematic. The active persecution of LGBT people would lead to tremendous suffering and violence against people who are, after all, our own family members, colleagues, business partners, political and religious representatives, and friends.

Criminalising the 'promotion' of LGBT rights

Article 13 of the bill calls for up to seven years imprisonment or a monetary fine for any person or institution believed to be promoting homosexuality. Business and NGOs convicted of promoting homosexuality are liable to be de-registered. Article 14 also penalises anyone who fails to report an offence under the act, with up to three years imprisonment or a monetary fine.

The term 'promotion' includes providing office space, broadcasting and otherwise disseminating information and funding any activities deemed to support 'homosexuality and related activities'. Such a broad definition could well be used to close down institutions that the government wants to silence, especially in the run-up to the 2011 elections. For many networks, alliances and coalitions, this bill poses a threat to organising and engaging in general given that it would allow the de-registration of an entire network even if only one member has been found at fault. This is of critical concern as it would enable the censorship of national lobby groups and networks such as the national NGO forums and women's national forums, who as of now are still battling with the repressive NGO Amendment Act. This bill in essence tightens the areas of engagement that were left within the NGO act.

Under the rubric of 'promotion', the bill would legalise the censorship of broadcast and print media and the shutting-down of media houses that support discussion on the issue of homosexuality and equal rights. It would criminalise organisations providing health information for men who have sex with men. It would also require employees and managers in institutions who are aware of the sexual practices of their colleagues to report them to the authorities. Promotion could also be interpreted to include the presence of equality policies that cover LGBT staff. This has implications for any bilateral and multilateral agency in Uganda, as well as the many multinational corporations who have a legal duty to support equal opportunities for all staff. Put simply, if the bill is passed, there is a legal precedent to shut down the operations of Uganda’s bilateral donors, and of foreign corporations from Europe, North America, Brazil and other countries whose own national laws require that they support equality.

By penalising citizens for the failing to report 'suspected homosexuals' to the authorities, the bill calls for the creation of a fascist-style society where family members, service providers and colleagues are made to spy on each other. This is not the kind of Ugandan society that we want.

Jurisdiction

Articles 16 and 17 of the bill provide for the prosecution of Ugandan citizens who commit homosexual acts, as defined by the bill, in other countries. It even goes so far as to include extradition arrangements, which would require its African neighbours and other countries to send Ugandans home to face prison or even execution for voicing support for LGBT people, or for engaging in consensual sexual acts with another adult. Such extradition powers are aimed at silencing and threatening the bulk of political opponents and dissidents that have hitherto provided alternative voices and engaged on the state of governance in Uganda.

Withdrawing from international legal and policy instruments

In addition to changing national legislation, Article 18 of the bill would oblige Uganda to withdraw from any international legal or policy instrument that contradicts with 'the spirit and provisions enshrined in the Act' (Article 18.1). This would mean withdrawing from any international or African Union instrument that supports equality (which is, of course, at the foundation of all human rights law and most contemporary policy on development). This had major implications for Uganda’s membership in and commitment to international and Africa regional governance and human rights systems. It would also call into question Uganda’s eligibility for funding support for initiatives such as the Millennium Development Goals which advance the 'spirit' of equality. Also, by withdrawing, the bill’s provisions would push Uganda into the category of a pariah state, with implications on the human rights of all Ugandans regardless of sexual orientation.

MYTHS AND LIES

The justification for Bahati’s bill is built on unscientific, unverified arguments around the fact the homosexuals in Uganda 'recruit' people, including children, into changing their sexual orientation. There is no factual basis for the claim about recruiting, which has itself led to scare mongering, hate speech and arrests in Uganda.

The recruitment claims also misrepresent the situation. Homosexuals are not predators. However, homophobic members of society and the state have themselves certainly been systematically marginalising and harassing people named or identifying as 'homosexual'.

The bill states that its primary target is to 'protect the traditional family' (Article 1.1). Here again, the focus of concern is curiously placed on homosexuals and supporters of their rights, rather than on the actual threats faced by Ugandan families day to day, such as the inability of many parents to feed their children and to provide resources for them through all stages of their education. It makes no steps forward in affirming women’s rights in marriage, including comprehensive protections against domestic violence.

The bill states that its primary target is to 'protect the traditional family' (Article 1.1). Here again, the focus of concern is curiously placed on homosexuals and supporters of their rights, rather than on the actual threats faced by Ugandan families day to day, including the unacceptably high rates of domestic violence, child abuse, sexual violence, land and resource-based tensions, breakdown of traditional support and safety nets, the inability of many parents to feed their children and to resource them through all stages of education. It makes no steps forward in affirming women’s rights in marriage including comprehensive protections against domestic violence. Also, the bill in essence can't justifiably claim to strengthen families given that since the 1995 constitution, women and marginalised groups have continued to demand the implementation of existing laws and the expansion of protections against gender-based violence (including domestic violence and female genital mutilation (FGM)). The greatest irony is that for 49 years now the Ugandan Parliament has failed to enact the infamous Domestic Relations Bill (family code) that would protect families!

The bill is, its supporters claim, tabled in the interests of the health and security of Uganda’s children, adults and people with disabilities who apparently are at the mercy of predatory homosexuals. Interestingly, neither Bahati nor one of its most ardent supporters, Minister James Nsaba Butoro, have taken major steps to ensure that the many girl children and adult women sexually abused and raped in educational establishments, at home and in the streets – almost exclusively by heterosexual men – have either access to justice or health and other services to support them. If sexual abuse is their concern, why are they not lobbying for increased funding of women’s crisis centres and legal aid for victims of sexual violence? Why is the Sexual Offences Law still not in place, or indeed a national sexual harassment policy? If the protection of people with disabilities is their concern, why have they not been pushing for the Ugandan government to tackle the broad range of challenges faced by people living with disabilities? How far has Uganda gone beyond enactment of the Disability Act and affirmative action in politics for people with disabilities?

DIVERTING ATTENTION FROM THE REAL ISSUES

All of these questions point to the fact that Bahati’s bill serves as a diversionary tactic. In the run-up to the 2011 elections, many Ugandans are pushing for electoral reforms, the creation of greater space for multiparty political engagement and alternative voices. Part of the diversion tactics are thus to engage the parliament and citizenry in highly emotive 'moral debates', rather than on the real governance issues facing Uganda. The bill is one of a range of such moral debates, all targeting gender and sexuality (including issues such as homosexuality and sex-work) which will predominate parliamentary discussions and leave little or no space for the discussion of electoral law reforms. This bill, if passed, would also be an easy tool to use in the run-up to the 2011 elections to fight political opponents even within Bahati's own ruling political party as a way to 'weed' out dissent in the face of a failure of political parties to regulate their elected members in parliament. The likely targets for this are the young politicians and those who are unmarried or divorced and thus do not fall into the limited, moralistic 'approval list' of Bahati, Butoro and their allies.

WE NEED AN AFRICAN RESPONSE

Supporters of Bahati’s bill are trying to draw on the notion that calling for the imprisonment and death of people who engage in consensual sexual acts with people of the same gender is supported by 'African traditional values'. As Africans we are clear in saying that hatred is not, and has never been, a traditional African value. Our African cultures, in all their diversity, have always embraced people who are different. Our African cultures are also not relics from the past, but are changing and adapting with time. We reject the use of our African identity to support and legislate the persecution of LGBT Ugandans, their allies and anyone willing to consider the right to equality for all. Bahati’s bill is giving Africans a bad name.

As Ugandans we urge our elected representatives to vote against Bahati’s bill as a piece of legislation that would lead to the persecution, suffering and even death of our fellow Ugandans, and a move that could threaten possibilities for continued foreign investment and aid to help develop our nation. As Africans we call on our sisters and brothers to join us in voicing their support for the full equality of all Africans, and for our own national representatives to vote against a bill that supports hatred, social control and violence. This is not just a Ugandan concern. It is an African concern. Join us in calling for a vote against Bahati’s bill.

BROUGHT TO YOU BY PAMBAZUKA NEWS

* Solome Nakaweesi-Kimbugwe is a human rights defender and the executive director of the pan-African women’s rights organisation Akina Mama wa Afrika, headquartered in Uganda. Frank Mugisha is a human rights defender and the co-chairperson of Sexual Minorities Uganda (SMUG).
* Please send comments to editor@pambazuka.org or comment online at Pambazuka News.

There are 2 comments on this article.

It is interesting that the poorest and most backward places on the Earth are the ones that despise gays the most. Many of these places have difficulty finding new solutions to old problems, which is part of the reason why they are so poor in the first place. Faced with unusual circumstances, the response is often a loud declaration of authority, (“we will never accept this! It is unnatural!”), rather than the sense of curiosity, the thoughtful observation and contemplation that we see in more progressive societies.

The majority of the Ugandan society and indeed most of Africa seem to be terrified of change and cling to the status-quo, mainly because rejecting change as “wrong” gives them an excuse for not having made any of the progress that they see in the rest of the world. It is as if they console themselves for their failure to progress as a society, by claiming that they are morally pure, whereas those others (who are more sophisticated and advanced), are depraved. This defensive philosophy can only be held up by a show of indignation and pious rage.

Finding an ‘enemy’ or ‘abomination’ to oppose provides for them a sense of purpose and achievement that actually comforts them; they gain a sense that they are important and unique and poised for their battle against depravity, when in fact they as individuals and as a society are pedestrian and unaccomplished. When this enemy or abomination does not exist, they must invent one and this is where homosexuals and homosexuality come in.

The imagination needed for change is lacking in Uganda and in most of Africa. Neither is there the insight needed to advance the character of many of the people. Civilisation is about making progress, moving forward, not about clinging to tradition. Uganda will still be hostile (and backward) in a hundred years time, unless the lack of curiosity and the outwardly directed resentment and pious assertion that we see in so many of its people today, is eschewed.

I am an African and for the first three decades of my life, I lived exclusively in Africa. I have not anytime understood it to be the case for Africans to hate others who are different from them; and hate them to the extent of wishing suffering and death upon them. What in fact is the traditional African approach is to be welcoming and to be all-inclusive. What we are seeing in Uganda is a direct consequence of the bastardisation of the African mind by European ideas of the 19th Century to which Africans have clung tenaciously, albeit inexplicably. It is also part of the reason why Africa seems to have failed to evolve as much of the rest of the world has done and this too can provide some explanation for our continent’s continued under-development.

Anengiyefa Alagoa (Solicitor)

This so called "Bahati's Bill" seems to have been written by a mad-man hell-bent on punishing those who were "BORN" gay or lesbian (homosexual). When any person is born they have a "God-given" right to life, after all it is God who created us all so who are we to critisize the work of the hand of God. If God chose to make me gay then that is who and what I am and proud of it.
No one "makes or persuades" anyone to be gay, its a birth right.
While the rest of the world is now dealing with the "FACT" that the third sex actualy exists and being gay is not a sickness but a fact of life and actively accepting with open arms why-oh-why are the rantings of a man who seems to a "nutter" being listened to ????????.
Surely we live in a modern world of which I hope Uganda wants to be part of or are the People of Uganda once again going to allow they be dictated to once again.
Surely such "radical and backward steps" should be the decision of the People of Uganda and not just one idiot.

Michael Clinton

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