Uganda’s Anti-Homosexuality Bill – Full text with commentary

In October, 2009, David Bahati and Benson Obua introduced the Anti-Homosexuality Bill in the Ugandan Parliament. Supporters of the bill have claimed publicly that the bill is designed to provide consequences for molestation of boys in the same way Ugandan law does for offenses against girls. Yesterday, Martin Ssempa said to the Christianity Today that the bill should be described as follows:

Uganda law proposes capital sentence for Men with HIV who rape boys and infect them with HIV/AIDS just as it is for heterosexuals who rape girls.

He claims that the bill has been distorted by “homosexualists.” To allow readers to evaluate those claims, the full text of the bill is here. Also available is the scanned version from the Uganda Gazette which is the official version currently under debate. I add comments about the effect of the bill and where appropriate discuss Martin Ssempa’s claims made to Christianity Today.

THE ANTI HOMOSEXUALITY BILL, 2009.

MEMORADUM

1.1. The principle

The object of this Bill is to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting (i) any form of sexual relations between persons of the same sex; and (ii) 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 non governmental organization inside or outside the country.

This Bill aims at strengthening the nation’s capacity lo deal with emerging internal and external threats threats to the traditional heterosexual family.

This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic.

The Bill further aims at providing a comprehensive and enhanced legislation to protect the cherished culture of the people of Uganda, legal, religious, and traditional family values of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda.

There is also need to protect the children and youths of Uganda who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental settings, and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise.

When the supporters of the bill declare that the purpose of the bill is to protect “the boy child” in the same that the law protects “the girl child,” they overlook the opening section which states the purpose. The law intends to eliminate homosexuality from Uganda via practice or speech intended to support homosexuals.

2.1. Defects in existing law.

This proposed legislation is designed to fill the gaps in the provisions of other laws in Uganda e.g. the Penal Code Act Cap. 120. The Penal Code Act (Cap 120) has no comprehensive provision catering for anti homosexuality. It focuses on unnatural offences under section 145 and lacks provisions for penalizing the procurement, promoting, disseminating literature and other pantographic materials concerning the offences of homosexuality hence the need for legislation to provide for charging, investigating, prosecuting, convicting and sentencing of offenders.

This legislation comes to complement and supplement the provisions of the Constitution of Uganda and the Penal Code Act Cap 120 by not only criminalizing same sex marriages but also same-sex sexual acts and other related acts.

3.0. The objectives of the Bill

The objectives of the Bill are to: Continue reading “Uganda’s Anti-Homosexuality Bill – Full text with commentary”

Second reading of Uganda’s Anti-Homosexuality Bill slated for February 2010

According to the BBC, the second reading of the Anti-Homosexuality Bill is slated for February, 2010. There was a report yesterday that it would be debate today. And while there might be some discussion on the bill in the Parliament, I heard this morning from a Ugandan MP that the second reading would not be conducted today.

If the BBC report is correct, then the second reading of the bill will take place during the same month as the National Prayer Breakfast in Washington DC. This is significant because bill sponsor David Bahati is an associate of the Fellowship Foundation who convenes the NPB. Bill supporter, Ethics and Integrity Minister, Nsaba Buturo, and Ugandan President Museveni are involved in the group as well. Buturo told me yesterday that he was not yet sure about his attendance.  

Jeff Sharlet reported here on Wednesday that the Fellowship Foundation has condemned the bill as have most of the US Senators and Congressmen associated with the group. I feel certain that the Fellowship does not want their signature event to be overshadowed by protests about Uganda. However, the event almost certainly will be if the Fellowship invites Ugandan Fellowship associates to attend. Jeff Sharlet reported here in his guest post that those invitations have not been delivered. One can imagine several scenarios which will have the nation’s attention on this issue instead of prayer.

Christianity Today report: Ugandan Bishop tells American Christians to be quiet

Christianity Today just now came out with an article and interview series which examines the Ugandan Anti-Homosexuality Bill.

One interview is with the Church of Uganda assistant bishop of Kampala, David Zac Niringiye. In the interview, he says to American Christians, in essence, be quiet:

When Western Christians talk about Ugandan legislation, does that create tension?

I would say to Western Christian leaders, Don’t make public pronouncements about legislation in Uganda. If you have relationships, speak to those relationships. Talk to them privately. Ask them, what do you understand this to mean? Do not make any public pronouncements. Any time a Westerner makes a pronouncement in Africa, it seems to imply we don’t know what we want. Trust us, engage with us. Don’t begin to preach at us. I engage with you, I talk with you, and I leave it to you.

All I can say is that such an approach has been applied and is still being applied. I have been in dialogue with several of the pastors in Uganda who favor the bill and I suspect I will continue to be. However, the assistant bishop does not seem to understand that what they do in Uganda has an impact on Christianity as a whole everywhere. In my view, this bill is a significant black eye on the church as a whole and is a stumbling block to the gospel. We must speak or violate our conscience and compromise our witness. I am ready to listen but that goes both ways.

The article by Sarah Pulliam Bailey covers lots of ground and includes interviews with Martin Ssempa and Scott Lively. Ssempa replies to Rick Warren directly and Lively accuses critics of racism (!?).

Ssempa says the bill is to be modified as follows:

Ssempa wrote that the Uganda Joint Christian Council task force will support the bill with the amendments, including a less harsh sentence of 20 years instead of the death penalty for pedophilia or “aggravated homosexuality.” The task force also recommends that counseling and rehabilitation be offered to offenders and victims.

The rehabilitation clause will be a real test of the coalition formed to oppose the bill here. I do not favor any such clause as it still is a violation of free exercise of conscience and based on a false premise that behavioral counseling has been shown to be effect under conditions of coercion. I was glad to see Alan Chambers, Exodus President, come on the Facebook group recently and forcefully assert that Exodus does not support forced treatment.

There is much more to unpack here and it is time to turn it over to readers to do just that.

Video: Rachel Maddow Show covers the Fellowship Foundation’s opposition to Uganda’s Anti-Homosexuality Bill

I didn’t see the link so it will be hard for viewers to find it, but the guest post by Jeff Sharlet made the Rachel Maddow Show tonight. Have a look for yourself:

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As I note here, the prospects for the February, 2010 National Prayer Breakfast to be business as usual depends on what happens in Uganda over the next month or so.

The Fellowship (aka The Family) Opposes Uganda’s Anti-Homosexuality Bill: Guest post by Jeff Sharlet

[Author Jeff Sharlet’s appearance on National Public Radio elevated the story of the Ugandan Anti-Homosexuality Bill to an important level of public awareness. One controversial element of Jeff’s reporting was his connection of the Ugandan legislators who introduced the bill to the Fellowship Foundation (aka The Family). I followed up that broadcast corresponding with Fellowship Foundation grantee, Cornerstone Development in Kampala and learned that Cornerstone had no input into the bill. In this guest post, Jeff Sharlet updates the NPR reporting, completes the picture and reveals for the first time that the Fellowship opposes the Anti-Homosexuality Bill. Thanks to Jeff for posting this news here and thanks to Bob Hunter for his candor.]  

The Fellowship Opposes Uganda’s Anti-Homosexuality Bill

by Jeff Sharlet

Add one more very important name to the growing international list of those opposed to Uganda’s proposed Anti-Homosexuality Bill: Bob Hunter, the man who helped build Uganda’s relationship with the Family, aka the Fellowship, the international movement of “followers of Christ” – some reject the term “Christian” that also includes several U.S. politicians with ties to Uganda: among them, Senator James Inhofe, Senator Sam Brownback, and Representative Joe Pitts.

Bob has been active with the Fellowship, as he prefers to call the network of organizations he says can be fairly described as a movement,* since coming to Christ in the late 1970s. But Bob’s faith wasn’t simply a salve; it led him into a relationship with a missionary hospital in Uganda and then with Ugandan political leaders. Bob worked as a private citizen, but he brought to his pursuits the experience and insights of a distinguished career, as a federal insurance administrator for Ford and Carter and a longtime consumer advocate. In Uganda, he established relationships with members of all factions, and, eventually, a friendship with President Yoweri Museveni. Later, he would go on to help Museveni establish the Ugandan National Prayer Breakfast.

Today, his work in Uganda focuses less on high-level politicians and more on those whom he calls “the nail” – that is, not the people in the official portraits, but the people who do the real day to day work of keeping a country running. It’s not glamorous work, but it’s important – maybe never more so than now. Because it’s those relationships that matter most when legislation such as the Anti-Homosexuality Bill is at stake. And Bob has been quietly working through those relationships to stop the bill. His influence may matter more than all the petitions signed by gay rights activists around the globe. And Bob has been brave about using that influence, speaking to his friends in Uganda, and gently pressuring the Fellowship’s associates on Capitol Hill to take a stand against the bill. Bob even agreed to sit down with me.

That took some courage, since I’m the author of a book about the Fellowship called The Family: The Secret Fundamentalism at the Heart of American Power, a critical analysis of the Fellowship in which I described Bob’s initial outreach to Uganda as linked to U.S. government interests in the region. Several weeks ago, I was a guest on NPR’s “Fresh Air” in which I made the same point. I based my characterization on a widely circulated account from Fellowship leader Doug Coe of Bob’s work, two documents in the Fellowship’s archive, “A Trip to East Africa—Fall 1986,” and “Re: Organizing the Invisible,” and a review of tens of thousands of documents in the Fellowship archives that present a portrait of the organization up to that point. I attempted to contact Bob, but failed. I wish I had contacted him: Bob was very forthcoming with details that present a more complicated, and, frankly, hopeful picture. Bob wrote a response to the broadcast that he shared with “Fresh Air” and with some associates in Uganda. He raised a number of important concerns and offered more detail on his involvement. But rather than duke it out, Bob invited me to his Arlington, Virginia home and spent the better part of an afternoon discussing my interpretation of events and his experience of them. We agreed that the first step was a statement making clear Bob’s opposition to the bill. Moreover, Bob adds “I know of no one involved in Uganda with the Fellowship here in America, including the most conservative among them, that supports such things as killing homosexuals or draconian reporting requirements, much less has gone over to Uganda to push such positions.”

That’s very, very good news. The Fellowship prefers to avoid the limelight; Bob has forsaken that to make clear his position and that of his American associates: The Fellowship, AKA the Family, opposes the Ugandan Anti-Homosexuality Bill.

Bob also asked me to clarify – and correct – some misperceptions. I’m glad to do so. First, Bob was troubled by my identification of him on “Fresh Air” as a former Ford official, which he felt implied right-wing affiliations. I didn’t think so – Ford hasn’t exactly gone down in history as a right-winger, and I mentioned it only to establish that Bob was not just some ordinary businessmen, as Fellowship leader Doug Coe’s account of his work** suggests (inaccurately, as Bob gladly concedes). It would have been better to say a former government official, or a former Ford and Carter official. Even that might have been selling Bob short – his career as a consumer advocate is long and impressive. While the Fellowship has historically been majority conservative, it has – as I note in my book – always included liberals. Bob is in that tradition. Over the course of the afternoon he shared with me his experience working with the Fellowship in Burundi, Rwanda, and South Africa. While I may take issue with the Fellowship’s behind-the-scenes approach, there’s no denying that in each of these cases Bob and his associates were working toward extremely admirable ends, and that in the case of Burundi Bob’s efforts helped make the difference that brought a truce to that country’s warring factions. Bob did what he did with the best of intentions, and, in several instances, achieved the best of outcomes. Continue reading “The Fellowship (aka The Family) Opposes Uganda’s Anti-Homosexuality Bill: Guest post by Jeff Sharlet”