Category: politics

Uganda Law Society Opposes the Anti-Homosexuality Bill

I received this statement earlier today. Obviously, Uganda’s lawyers have great reservations about the Bahati bill.

 

UGANDA LAW SOCIETY VIEWS ON

THE ANTI HOMOSEXUALITY BILL

The Anti-Homosexuality Bill proposed to Parliament in 2009 would, if enacted into law, in its current state violate international human rights law and lead to further human rights violations.

The bill has been received with mixed feelings of both praise and strong criticism with  praise coming from the local populace and criticism from the international media, western governments, international and local gay rights, human rights, civil rights, and scientific organizations, world leaders, some Christian organizations including the Roman Catholic Church, the Anglican Church of Canada.

The Uganda Law Society (ULS) is an institution that defends and promotes constitutionalism, the rule of law and the human rights of every Ugandan citizen. The ULS therefore in the same spirit acknowledges and defends 100% the rights of all citizens including the small percentage of the population living as homosexuals.

Predicted outcomes of this bill

If passed, the bill would institutionalize discrimination against those who are, or thought to be gay, lesbian, bisexual or transgender. It would also reinforce the existing legislation against consensual sex between individuals of the same sex which legislation is itself contrary to international human rights norms. The bill would further purport to criminalise the ‘promotion’ of homosexuality, compel HIV testing in certain circumstances, impose life sentences for entering into a same-sex marriage, introduce the death penalty for ‘aggravated’ homosexuality, as well as punish those who fail to report knowledge of any violations of its provisions within 24 hours.

Generally, the bill would violate the principle of non-discrimination and would lead to violations of the human rights to freedom of expression, freedom of thought, conscience and religion, freedom of peaceful assembly, freedom of association, liberty and security of the person, privacy, the highest standard of health, and to life. These rights are guaranteed under the Constitution of Uganda and in international and regional treaties to which Uganda is party, which include the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter on Human and Peoples’ Rights (African Charter). Specifically under our Constitution the relevant provisions promoting protection and non-criminalization of minority activities as long as they are not contrary to the law are provided under –

Article 20(1) on inherent fundamental rights and freedoms of the individual; Article 21 on equality before and under the law in all spheres of political, economic, social and cultural life and in every other respect as well as the enjoyment of equal protection of the law. Further, Article 24 requires that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment. Discrimination and punishment basing on one’s sexual orientation is cruel, inhuman or degrading treatment.

Article 29(1) (a), (b), (c), and (d) states every person shall have a right to freedom of speech and expression, freedom of thought, conscience and belief, freedom to manifest such practicewhich shall include the right to belong to and participate in the practices of any organization, freedom of association which shall include the freedom to form and join other civic organizations. The bill criminalizes all forms of publications and expression concerned or related to gay rights.

Article 36 requires the protection of rights of minorities in decision-making processes, and their views and interests shall be taken into account in the making of national plans and programs – the gay and lesbian community is a minority in Uganda.  And Article 45 saves other additional human rights and freedoms not specifically mentioned in the preceding articles and these rights include gay rights.

All these provisions when interpreted are to the effect that individual rights and freedoms should be respected as long as those rights don’t affect the enjoyment of other people’s rights.

The ULS is not in any way promoting homosexuality in Uganda but calling for the observance and protection of the rights of homosexuals as human beings, a minority group and as citizens of Uganda. We reckon that the spirit of the bill is for noble and moral intentions such as to protect the traditional family, children, youth and cherished cultural values among others. It should however be alive to the fact that we live in a multi–lateral society comprised of various rights, interests and freedoms and should either be tolerated, restricted but not criminalized or banished.

FOR GOD AND MY COUNTRY 

James Mukasa Sebugenyi

PRESIDENT – UGANDA LAW SOCIETY

Email: [email protected]

Liberian Senate Leader Says Gay Legislation Not Needed

In what appears to be a quick move to downplay reports yesterday of draconian anti-gay legislation in Liberia, the Senate President Pro-tempore, Gbehnzongar Findley, said yesterday that no need exists for pro- or anti-gay legislation.

The President Pro-tempore of the Liberian Senate, Gbehnzongar Findley has said that there is no need for any legislation on the protection of gay and lesbian rights in the country.

Addressing his monthly press briefing on Thursday, Pro-tempore Findley said the issue of gay right is not an issue in Liberia as no one has been denied his/right to practice gay or lesbianism in the country.
Pro-tempore Findley clarified that the Constitution of Liberia guaranteed the right of everyone including those involved in same sex practices. “Are these being any act of discrimination against any of them; is there any discriminatory law against them or have they been disfranchised or are people throwing stone at them?” Pro-tempore Findley wondered.
He said as President Pro-tempore of the Liberian Senate any act of infinitive whether for or against will not fall under his gavel. He noted that the Constitution does not in any way infringe on the right of anyone including gay and lesbians. He said the organic law of the country guarantees such right and will not be the one to decide.
“There is no need for legislation for gay and lesbians right because it is in the law and if anyone feels that their right is being violated let them go to the court,” the Grand Bassa County Senior Senator averred.
I know very little about the situation for LGBT people there so I don’t know whether gays would share the Senator’s assessment of the situation.
Sen. Findley seems clear that he will not entertain proposals from either Senator Taylor or LGBT campaigners.

Ugandan Minister Defends His Raid of GLBT Conference

UG Pulse reports that the government Minister who raided a GLBT conference yesterday has defended his actions:

The Minister of Ethics and Integrity Fr. Simon Lokodo has defended his decision to raid a workshop being run by lesbian, gay, bisexual and transgender (LGBT) activists in Entebbe.

This follows condemnation of the act by Amnesty International and several LGBT organizations who said the ministers actions were an abuse of freedom of assembly guaranteed to every Ugandan.

But Fr. Lokodo says as the person mandated to maintain good morals in Uganda, it was his duty to ensure people do not meet to discuss “immoral acts” in public places like hotels.

He said he raided the workshop together with police and asked them to stop or go in their private homes and discuss their issues from there.

“This is an outrageous attempt to prevent lawful and peaceful activities of human rights defenders in Uganda,” said Salil Shetty, Amnesty International’s Secretary General.

The Minister also attempted to order the arrest of Kasha Jacqueline Nabagasera, a prominent LGBT rights activist and winner of the 2011 Martin Ennals Award for Human Rights Defenders, who was forced to flee from the hotel.

The reasons for the attempted arrest were not immediately clear, but were reported to be linked to Kasha Jacqueline’s attempt to challenge the Minister’s actions.

“The Government of Uganda must protect all people against threats, violence and harassment irrespective of their real or perceived sexual orientation or gender identity.

The move comes days after the Anti-Homosexuality Bill was re-tabled in the Ugandan Parliament.

Big Brother much?

Some video from yesterday on the matter:

Daily Monitor: GLBT conference raided by Uganda’s Ethics Minister

From Uganda’s Daily Monitor earlier today:

There was drama at Imperial Resort Beach Hotel in Entebbe today when State Minister for Ethics and Integrity Simon Lokodo broke up a secret gay rights activists conference.

The two week conference organised by Freedom and Roam Uganda, an association that lobbies for the recognition of same sex relationships in Uganda ended prematurely when the minister ordered them to disperse.

“I have closed this conference because it’s illegal. We do not accept homosexuality in Uganda. So go back home,” Minister Lokodo told the participants.

If the authorities can raid a conference before it becomes against the law to have a conference, then what will happen if the Anti-Homosexuality Bill becomes law?

Apparently, the authorities attempted to arrest the leader of the conference.

Committee Chair: No Plans Set for Uganda’s Anti-Homosexuality Bill

Stephen Tashobya, chair of the Legal and Parliamentary Affairs Committee of the Ugandan Parliament, told me yesterday that he had not scheduled consideration for the Anti-Homosexuality Bill.  Asked if his committee would write a new report, or stick with the report issued during the last Parliament, Tashobya declined to say. “The committee will have a say on that and we will meet soon to decide how to proceed with all of the bills returned to the committee,” Tashobya explained.

When asked if he planned to have the anti-gay bill back to the floor of the Parliament within the required 45 day period, Tashobya expressed some reservations that he could guarantee that time table. He noted, “We have many bills which have a high priority, such as the Marriage and Divorce bill and other bills on commerce.”

Parliament rules require bills sent to committee to be acted on and returned for consideration within 45 days. Last year, Speaker Rebecca Kadaga warned committee chairs that they could face unspecified sanctions if this rule was not kept.

According to Parliament’s rules (see below), Tashobya could ask Parliament for more time if the committee has not prepared the necessary report within 45 days. At that point, Parliament could grant or decline the request. If the request is declined, Parliament could act on the bill at that point. If an extension is granted, the bill will be considered at the end of that period whether or not the committee’s work is complete.

When asked if he had been pressured by the Executive branch to go slow on the  anti-gay bill, Tashobya said he was unable to comment.

Tashobya, who was not at Parliament the day the bill was tabled, said he is aware that the bill has wide support among the MPs.

 

From Uganda’s Rules of Parliamentary Procedures

125. Delays with Bills

(1) Subject to the Constitution, no Bill introduced in the House shall be with the Committee for consideration for more than forty-five days.

(2) If a Committee finds itself unable to complete consideration of any Bill referred to it in sub-rule (1), the Committee may seek extra time from Parliament.

(3) Where extra time is not granted or upon expiry of the extra time granted under subrule (2), the House shall proceed to deal with the Bill without any further delay.