politics – Page 68 – Warren Throckmorton

Uganda Monitor: $300 Million Lost to Corruption Per Year; Much Foreign Aid Gets Into Wrong Hands

While the Ugandan Parliament sounds a defiant tone to threats of removal of donor aid over the Anti-Homosexuality Bill, the government would be hard pressed to make up the loss of funds. According to this Monitor (Uganda) report, Uganda relies on funds from donor nations to account for 29% of the national budget. A significant portion of money, $300 million, is lost to corruption according to the World Bank.

On point, The Monitor also recently revealed that MPs get the equivalent of just over$44,000 to purchase a car. This news sparked outrage among civil society in Uganda. The Monitor reported:

Outpourings of disbelief mixed with anger at a House which has been applauded for taking a firm stand against waste in government clouded the re-opening of Parliament as members struggled to defend themselves.

Civil society leaders described the MPs’ gleeful acceptance of the cash as “greed of the highest order”.

“This issue of the vehicles for MPs shows that the 9th Parliament is no different from the rest. It is a shame that they too have turned into vultures,” the Executive Director Anti-Corruption Coalition Uganda, Ms Cissy Kagaba, said.

“These MPs should walk the talk about being pro-people. The opposition too shouldn’t be part of the loot. This money should be returned and used to increase teachers’ salaries.”

Such public extravagance might concern American taxpayers who are also tightening their belts amid a bleak economy and are worried that their dollars support a government poised to impose the death penalty on HIV positive gay people, with life in prison for others. In fiscal year 2010, the United States pledged over $382 million in economic aid. That does not include over $36 million in military aid. Overall, Uganda is within the top 25 recipients of American foreign assistance.

While donor nations have a significant investment in Uganda and the region, there might be a point at which the American public will voice concern. A lack of respect for basic human rights, corruption and cronyism are factors that may work together to extend the budget tightening from here to Uganda.

Ugandan Government Responds to Introduction of the Anti-Homosexuality Bill

This just in from the Uganda Media Centre:

ANTI-HOMOSEXUAL BILL

February 08, 2012

RESPONSE TO INTERNATIONAL CRITICISM

OF DEBATE ON ANTI-HOMOSEXUAL BILL

Uganda has today been the subject of mass international criticism as a result of the debate on the Anti-Homosexual Bill at parliament. What many of these critics fail to convey is the bill itself was introduced by a back bencher. It does not form part of the government’s legislative programme and it does not enjoy the support of the Prime Minister or the Cabinet. However as Uganda is a constitutional democracy, it is appropriate that if a private members bill is presented to parliament it be debated.

Cultural attitudes in Africa are very different to elsewhere in world, 2/3 of African countries outlaw homosexual activity and 80% of east African countries criminalize it. Whilst on a global level more than 80 countries outlaw homosexual acts. Contrary to reports, the bill before parliament even if it were to pass, would not sanction the death penalty for homosexual behavior in Uganda.

Many international governments and politicians, who have criticized Uganda for debating this private members bill, remain mute in the face of far graver and far more draconian legislation relating to homosexuality in other countries. One might ask for example, if Uganda enjoyed as close a relationship with the US and European countries as Saudi Arabia (which sentences homosexuals to corporate and capital punishment) would we have attracted the same opprobrium as a result of allowing this parliamentary debate.

Unlike many other countries, no one in Uganda has ever been charged with the criminal offence of homosexuality. Moreover the main provisions of this bill were designed to stem the issue of defilement and rape which in the minds of Ugandan’s is a more pressing and urgent matter that needs to be addressed.

As a parliamentary democracy this process of debate will continue. Whilst the government of Uganda does not support this bill, it is required under our constitution to facilitate this debate. The facilitation of this debate should not be confused for the governments support for this bill.

Fred Opolot

Executive Director

What is confusing here, and perhaps intentionally so, is the statement above that the bill would not lead to the death penalty. The plain language of the bill does require it for HIV positive people and serial offenders. And, let’s remember, life in a Ugandan prison is also called for in this bill for any homosexual intimacy.

The designation of Bahati as a “back bencher” may be intended to make it seem that Bahati is an insignificant figure in Uganda. However, this is not the case. Bahati is currently the deputy chief whip for the ruling National Resistance Movement party. The NRM is the party of President Yowari Museveni and is the dominant political party in Uganda. Bahati has a position of power and influence within the party and as such is not a minor player.

Ugandan MPs Cheer Introduction of Original Anti-gay Bill

Uganda’s Monitor and government backed New Vision both report this morning that MPs cheered when David Bahati re-introduced the Anti-Homosexuality Bill. According to the New Vision:

There was excitement at Parliament Tuesday afternoon after the Anti-Homosexuality Bill, 2009 was re-tabled for consideration.

Parliament resumed business on Tuesday after over a month of recess.

MPs applauded as Ndorwa West MP David Bahati took to the floor to re-introduce the controversial Bill for reference to the appropriate committee.

After re-tabling the Bill, MPs both on the ruling side and the opposition gave Bahati a standing ovation.

“Our Bill, our man,” the legislators chanted.

This is perhaps the clearest sign yet of the intentions of Parliament to pass the bill over the objections of the Executive branch and donor partners.

The Monitor report has the MPs shouting something a little different (Our bill, our kids) but the same enthusiasm for jailing and hanging gays remains.

BBC Report Wrong on Death Penalty Removal

As an aside, the BBC just can’t seem to get their reporting right. They again are reporting that the death penalty has been removed from the bill. Yesterday, Parliament spokeswoman Helen Kadaga told me that the bill was the same as was introduced in 2009. Bahati has said he would be open to removing the death penalty but this has never been done. In a 2011 report done by the Legal and Parliamentary Affairs committee, the death penalty remained in the bill.

This morning I got additional confirmation that the original bill without amendments was introduced yesterday from Charles Tuhaise, Parliamentary Research Service staffer. Tuhaise said that all proposed changes to a Bill are first brought to the floor of Parliament where they are debated by the MPs. Any revisions are accepted to a bill after a majority votes in support of the revision. For now, the original bill is with the Legal and Parliamentary Affairs committee without amendment.

Uganda’s Anti-Homosexuality Bill to be Tabled in Parliament Today – UPDATED

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Uganda’s Anti-Homosexuality Bill to be Tabled in Parliament Today – UPDATED

See Updates below:

According to Parliament spokeswoman, Helen Kawesa, David Bahati’s Anti-Homosexuality Bill is on the agenda to be tabled for a first reading in today’s session of Parliament.

Kawesa said, “The bill will go through a new process again. It is a new Parliament.” This means that the bill will be referred today to a committee for study and recommendations. According to the Kawesa, the entire process of a first reading, referral to committee, public hearings and then a committee report to Parliament will be followed. She said, according to the rules of Parliament, the bill cannot be passed today.

She said the bill was basically the same bill as was almost considered in the 8th Parliament. She had no explanation for why the bill was not being considered where it was stalled back in May, 2011.

UPDATE: 8:15am – According to a person in the plenary session of Parliament, Speaker Kadaga said the bills renewed from the 8th Parliament will be read for the first time today but reports on the bills from the 8th Parliament will be used as a basis for moving toward a 2nd reading and debate. If true, this means that the time from first reading to second reading, debate and possible passage will be much shorter than would be true if a new bill was introduced.

UPDATE: 11:05am – There was a rumor that David Bahati would ask for a special action of Parliament to make today’s introduction count as a 2nd reading of the bill, thus allowing discussion and a possible vote. However, according to Ms. Kawesa, Parliament has concluded for the day with no further action on the AHB. In addition, it appears that similar Parliamentary rules will apply to the timing of a second reading as was applied to the first reading in 2009. This means that a minimum of two weeks must pass before the second reading can be accomplished.

Based on reports from Parliament in October, 2011, it was anticipated that the anti-gay measure would be considered by the new Parliament without repeating the first reading. During the October 2011 session, the Parliament voted to return unfinished business from the 8th Parliament to the current session. At that time, Kawesa said that Speaker of the House Rebecca Kadaga’s Business committee could recommend that the anti-gay bill go back to committee or it could recommend that the former committee report become the basis for debate in the Parliament. Based on the Kawesa’s statement today, the bill is starting over in committee.

The original committee report from Stephen Tashobya’s Legal and Parliamentary Affairs committee left the severe aspects of the bill intact, including the death penalty and life in prison (see an analysis here; here is what the bill would look like if all of the committee’s changes were made).

Today’s order paper is below. Note that the bill is slated for a first reading (click to enlarge).

The AP just dropped this report (9:35am):

Uganda’s anti-gay bill reintroduced in parliament

KAMPALA, Uganda (AP) — A lawmaker in Uganda is reintroducing an anti-gay bill that received wide condemnation, including from President Barack Obama.

The bill was reintroduced Tuesday by David Bahati, the bill’s primary backer. It was originally introduced in 2009 but has never come before the full parliament for a vote. The original draft legislation languished in a committee of parliament as the Ugandan government grappled with the international opposition it generated.

The original draft called for the death penalty for some homosexual acts, one of the reasons the bill received so much attention. Bahati told The Associated Press last year that he is willing to drop that provision if that is the recommendation of a parliament committee.

UPDATE: 11:30am – According Melanie Nathan’s interview with David Bahati this morning, the original AHB was re-introduced this morning without changes. Bahati told her that the committee would be recommending changes in the course of their work.

Full text of the Anti-Homosexuality Bill 2009 as introduced on October 14, 2009 and today.

If the initial committee report were implemented in the coming days, the AHB would look like this.

UPDATE: NTV report 2/7/12

UPDATE: 2/8/12 – Parliamentary research service staffer Charles Tuhaise told me this morning that the bill introduced in Parliament yesterday was the original bill first introduced in October, 2009. Any amendments will come via affirmative vote on the floor of Parliament after the 2nd reading.

Ugandan MPs Cheer Introduction of Original Anti-gay Bill

Follow up: NTV report says anti-gay bill to be brought to a vote

As I noted on Friday, the Anti-Homosexuality Bill is back. According to this NTV report, it will be tabled soon, possibly tomorrow:

Reports that the bill had been shelved are apparently incorrect. The Business committee met today and apparently came up with a schedule to return bills from the 8th Parliament to the floor of this new one.

Here is the procedure for the bill if it is to be passed. If passed by the Parliament, the President cannot veto it. He may return it with suggested edits but bills passed by Parliament will eventually become law over the objections of the President.

Full text of the Anti-Homosexuality Bill 2009.