Ugandan coalition speaks out against Anti-Homosexuality Bill 2009

This morning (afternoon there) a coalition of organizations in Uganda released this statement of opposition to the Anti-Homosexuality Bill 2009.

Anti-Homosexuality or Anti-Human Rights Bill?

Statement from the Civil Society Coalition on Human Rights and Constitutional Law

Hon. Bahati’s Anti-Homosexuality Bill which was tabled in Parliament on October 14, 2009, and is currently before the Legal and Parliamentary Affairs Committee of Parliament covers much more than the title alone proclaims. A much better title for this bill would have been the ‘Anti Civil Society Bill, the ‘Anti Public Health Bill,’ or the ‘Anti-Constitution Bill.’ Perhaps more simply it should be called the Anti Human Rights Bill. As a matter of fact, this bill represents one of the most serious attacks to date on the 1995 Constitution and on the key human rights protections enshrined in the Constitution including:

• Article 20: Fundamental rights and freedoms are inherent and not granted by the State

• Article 21: Right to Equality and Freedom from discrimination

• Article 22: The Right to Life (the death penalty provisions)

• Article 27: The Right to Privacy

• Article 29: Right to freedom of conscience, expression, movement, religion, assembly and association (this includes freedom of speech, Academic freedom and media freedom)

• Article 30: Right to Education

• Article 32: Affirmative Action in favour of marginalised groups and

• Article 36 on the Rights of Minorities

Let us think for a moment of who—quite apart from the homosexuals it claims as its target—this bill puts at risk:

– any parent who does not denounce their lesbian daughter or gay son to the authorities: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years;

– any teacher who does not report a lesbian or gay pupil to the authorities within 24 hours: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years in prison;

– any landlord or landlady who happens to give housing to a suspected homosexual risks seven years of imprisonment;

– any Local Council I – V Chairperson or Executive member who does not denounce somebody accused of same-sex attraction or activity risks imprisonment or a heavy fine;

– any medical doctor who seeks to prevent the spread of HIV/AIDS through working with what are known as most at risk populations, risks her or his career;

– all civil society leaders, whether in a Community Based Organisation, NGO, or academic institution; if their organisations seek to have a comprehensive position on sexual and reproductive health, they risk seeing their organisations closed down;

– any human rights activist who seeks to promote an understanding of the indivisibility and inalienability of human rights would be judged to be promoting homosexuals and homosexuality, and be punished accordingly;

– any religious leader who seeks to provide guidance and counselling to people who are unsure of their sexuality, would be regarded as promoting homosexuality and punished accordingly;

– any Member of Parliament or other public figure who is sent a pornographic article, picture or video will become vulnerable to blackmail and witch-hunts;

– any media house that publishes ‘pornographic’ materials risks losing its certificate of registration and the editor will be liable to seven years in jail;

– any internet café operator who fails to prevent a customer from accessing a pornographic website, or a dating site, could be accused of ‘participating in the production, procuring, marketing, broadcasting, disseminating and publishing of pornographic materials for purposes of promoting homosexuality’; their business licence could be revoked and they themselves could land in prison.

– any Person alleged to be a homosexual is at risk of LIFE IMPRISONMENT and, in some circumstances, the DEATH PENALTY.

In short, this bill targets everybody, and involves everybody: it cannot be implemented without making every citizen spy on his or her neighbours. The last time this was done was in the Amin era, where everyone very quickly became an ‘enemy of the state’. It amounts to a direct invasion of our homes, and will promote blackmail, false accusations and outright intimidation of certain members of the population. Do Ugandans really want to mimic the practices of the Khartoum regime? Have we already forgotten the sex police of Apartheid South Africa, who smashed their way into people’s bedrooms in an attempt to prevent inter-racial sex?

As Civil Society organisations we condemn all predatory sexual acts (hetero or homosexual) that violate the rights of vulnerable sections of our society such as minors and people with disabilities. However, the Bill lumps “aggravated homosexuality” together with sexual acts between consenting adults in order to whip up sentiments of fear and hatred aimed at isolating sexual minorities. By so doing, the state fails in its duty to protect all its citizens without discrimination.

The bill also asserts Extra Territorial jurisdiction. In other words, all of the offences covered by the bill can be applied to a Ugandan citizen or permanent resident who allegedly commits them outside the country. Thus homosexuality and/or its ‘promotion’ are added to the very short list of offences which fall in the ‘political offences’ category. It joins treason, misprision of treason, and terrorism as offences subject to extra-territorial jurisdiction. Clearly, this is out of all proportion in relation to the gravity of the act.

On top of these day-to-day considerations about everybody’s safety and security, let us consider what this bill will do for civil society organisations in Uganda which seek to have a critical voice and to engage in issues of global concern. One of the objectives of the bill is to prohibit the licensing of organizations which allegedly ‘promote homosexuality.’ Thus, for example, any organisation which talked about anal sex as part of a campaign of HIV prevention can be affected. Had this bill been in place earlier this year, no Ugandan could have participated in the World AIDS meeting held in Mexico to discuss HIV prevention.

And what about our standing in the eyes of the world? The Bill calls for Uganda to nullify any international treaties, protocols, declarations and conventions which are believed to be ‘contradictory to the spirit and provisions’ of the bill. In reality, this would involve Uganda withdrawing from:

• The Universal Declaration of Human Rights;

• The International Covenant on Civil and Political Rights and its protocols;

• The International Covenant on Economic, Social and Cultural Rights;

• The Convention on the Elimination of all Forms of Discrimination Against Women;

• The Convention on the Rights of the Child, and

• The African Charter on Human and Peoples’ Rights

We note that Uganda is current Chair of the UN Security Council which operates with the UN Charter and UDHR as guiding principles. It is also current Chair of the Commonwealth and a signatory to the African Union’s Constitutive Act which has as its premise the promotion and respect of human rights. In 2009 and 2010 it is hosting AU Summits. What will happen to Uganda’s hard-won role on the global stage if it nullifies its international and regional humanrights commitments? Uganda cannot wish away core human rights principles of dignity, equality and non-discrimination, and all Ugandans will pay a heavy price if this bill is enacted.

We will have bargained away our hard-earned rights and freedoms as well as our right to challenge the State and hold it accountable for the protection of these rights. 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.

Kampala, 23 October 2009

• African Women’s Development Fund (AWDF)

• Akina Mama wa Afrika (AMwA)

• Advocates for Public International Law in Uganda (APILU)

• Center for Land Economy and Rights of Women (CLEAR-Uganda)

• Centre for Women in Governance (CEWIGO)

• Development Network of Indigenous Voluntary Associations (DENIVA)

• East & Horn of Africa Human Rights Defenders Project

• Uganda Association of Women Lawyers (FIDA-U)

• Forum for Women in Democracy (FOWODE)

• Human Rights Awareness & Promotion Forum

• Human Rights & Peace Centre (HURIPEC), Faculty of Law, Makerere University

• Integrity Uganda

• International Refugee Rights Initiative

• Mentoring and Empowerment Programme for Young Women (MEMPROW)

• MIFUMI Project

• National Association of Women’s Organisations in Uganda (NAWOU)

• National Coalition of Women Living with HIV/AIDS (NACWOLA)

• Refugee Law Project (RLP), Faculty of Law, Makerere University

• National Guidance & Empowerment Network of People Living with HIV/AIDS (NGEN+)

• Spectrum Uganda

• Uganda Feminist Forum

• Women’s Organisation & Network for Human Rights Advocacy (WONETHA)

For further information please contact the coalition at [email protected]

FOX News covers PFOX effort to get ex-gay books in school libraries

PFOX (Parents and Friends of Ex-gays) gets a little national face time with this article on the FOX News website. It seems they can’t get anybody to take their books. Here are the books they want school libraries to include:

  • Parents Guide to Preventing Homosexuality by Joseph and Linda Nicolosi
  • You Don’t Have to Be Gay by Jeff Konrad
  • My Genes Made Me Do It! by Neil and Briar Whitehead
  • Gay Children, Straight Parents: A plan for family healing by Richard Cohen
  • This Side of Jordan by Bill Kassel
  • Marriage on Trial by Glenn Stanton and Bill Maier

PFOX complains that explicit books involving sexual descriptions are in libraries so these books should be too. That is comparing apples and oranges it seems to me. The libraries are not rejecting these books over their explicit nature, but rather due to the lack of published reviews of their suitability for a K-12 audience.

I think the books should be included in the libraries but am not persuaded to this position by the rationale of PFOX. Their position seems to be: you have a bunch of bad books already, why not include a few more? I would rather lobby for the removal or at least restriction of sexually explicit books, rather than use the existence of the books as a basis for adding more books.

My thinking is that students who want to research sexual orientation and the controversies surrounding the issue should have access to some pro-change books simply for the sake of research. Unless one has access to primary sources, one cannot do high quality work. I favor a system where parents help decide on what books can be restricted. The books PFOX wants included could be placed in a religion section or some reserve section where parent or teacher permission is needed to check them out. Libraries could include disclaimers such as a notation in Richard Cohen’s book that he was expelled from the ACA. On balance, I suspect that the books would not be looked at much.

As usual, in this article there is a doozy from Regina. She is quoted as saying:

Griggs also says, as a woman with an ex-gay cousin and a gay son, her goal and that of the organization’s is not to “cure” homosexuals. She says it is to promote tolerance of those who have left that lifestyle.

“It’s almost an attack on us as an organization merely because we want to allow people to have all the information on both sides,” Griggs said. “We aren’t out there forcing people to do anything … they have a right to know all of the facts to determine for themselves.”

“Therapy is not the issue — tolerance is,” she added. “Expect more lawsuits nationwide.”

A look at the list of books should cast doubt on these statements. Earlier in this article, Griggs is quoted as saying:

PFOX Executive Director Regina Griggs says the group just wants anyone struggling with unwanted same sex attractions to know all of the options available to them.

These books (with the exception of Stanton and Maier’s book) are all about changing orientation or preventing homosexuality. Having presented at a PFOX conference in the past, I can tell you that the conference was not about tolerance, but all about change of orientation. Therapy was always the issue, specifically reparative therapy.

Ugandan official blames parents for homosexuality

From yesterday’s New Vision, a Ugandan news source:

Minister blames gay on parents

MUKONO – Ethics and integrity minister James Nsaba Buturo has blamed homosexuality in Uganda on failure by parents and guardians to bring up their children in an upright manner. He made the remarks on Sunday while attending the fundraising ceremony for the expansion of St. Luke Anglican Church at Seeta. Buturo asked parents to join the battle against homosexuality by bringing up their children well.

Minister Buturo has been supporting the crack down on homosexuals from at least the Spring when he promoted the ex-gay conference, involving Don Schmierer, Caleb Brundidge and Scott Lively. I wonder where Buturo heard this concept? Could it have been here or here?

Next month, you can go here to hear similar things.

Ugandan blogger: Anti-homosexuality bill tabled until January, 2010

Blogger Gay Uganda reports on a public television talk show in Uganda featuring the member of parliament who introduced the Anti-Homosexuality Bill 2009 (David Bahati) and Pastor Martin Ssempa.

GU noted:

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.

Gay Uganda also described in detail the appearance of Martin Ssempa. The blogger said that Ssempa is squarely behind the bill and believes any legislator who votes against it is pro-gay. According the GU, Ssempa issued warnings:

  • Warning all Ugandan politicians. this is the time to get off the fence about homosexuality. You are either pro or anti-homosexual. No middle ground.
  • If you dont support the bill, political suicide. Because Ugandans support the bill.
  • Ssempa appears to be taking the lead on the support for the Anti-Homosexuality Bill.

  • He has formed a new organisation (must have a conglomerate by now) called the Family Policy Centre.
  • He gave the phone number, and his email address [email protected] for anyone with questions.
  • And, he told people to send him money.
  • American Christians have some culpability for this situation by going to Uganda and failing to speak against this error. American Christians need to step up and speak now. I call upon those supporting Ugandan Christian groups to work with their Ugandan brethren to withdraw this bill.

    For more information, join this Facebook group.

    Pentecostal Christians join Muslims against gays

    I missed this when it first was announced in July, 2009:

    Muslims Join Pastors in Gay Fight

    Kampala — Muslims have teamed up with their counterparts from the Pentecostal churches to fight homosexuality. The leader of the Muslim Tabliqs, Sheikh Sulaiman Kakeeto, said the issue of homosexuality affects all people regardless of their religious affiliations.

    “We have decided to make a bond with our fellow religious leaders to fight homosexuality,” Sheikh Kakeeto said at the launch of a campaign dubbed ‘The National Coalition against Homosexuality and Sexual Abuses in Uganda’ in Kampala on Wednesday. “We want to work together and eliminate sodomy and other forms of sexual abuses in our society.”

    The two groups signed an agreement to guide their operations. Sheikh Kakeeto and Sheikh Muhammad Badru, the chairman the National Da’awa Association, signed on behalf of Muslims while pastors Michael Kyazze (Omega Healing Centre), Martin Ssempa (Makerere Community Church) and Solomon Male (Arising for Christ) signed on behalf of born again Christians. Sheikh Kakeeto called on the government to strengthen the law on homosexuality and incarcerate those caught in the act.

    Pastor Ssempa said the coalition intends to embark on a campaign to sensitise communities about “the dangers of homosexuality.” “We shall offer counselling, legal and material support to the affected people,” he said.

    Homosexuality is illegal in Uganda.

    What is wrong with this picture? Apparently, more than the Family Life Network is involved. Ssempa was the spokesperson for another group called the Interfaith Rainbow Coalition Against Homosexuality which rallied against gays in 2007. Ssempa has been repeatedly connected to Rick Warren’s Saddleback church and is a campaigner for abstinence programming. I have contacted both Saddleback and Pastor Ssempa to find out their view of the new bill. I did hear from their representatives last night that a statement may be coming soon.