Uganda: Leaders give mixed signals over procedures for Anti-Homosexuality Bill

Earlier this week, gay advocacy website Behind the Mask quoted James Mukaga, a clerk assistant to the Parliament, as saying that MP David Bahati would need to get a statement of financial impact from the Minister of Finance in order to proceed with the Anti-Homosexuality Bill. Mukaga said that the hurdle might now be difficult to clear since Uganda’s Cabinet ministers recently declared their opposition to the bill.
However, Bahati presented such a statement to Parliament when he first introduced the bill on October 14, 2009, as noted in the official minutes.

BILLS FIRST READING
THE ANTI-HOMOSEXUALITY BILL, 2009
MR DAVID BAHATI (NRM, Ndorwa County West, Kabale) I beg to move that the Bill entitled, The Anti-Homosexuality Bill, 2009 be read for the first time.
THE DEPUTY SPEAKER: It is seconded. Do you have the Certificate of Financial Implications?
MR BAHATI: In fulfilment of rule 102, I would like to lay on the Table the Certificate of Financial Implications duly signed by the Minister of Finance, Planning and Economic Development and issued on 10 September 2009.
THE DEPUTY SPEAKER: The Bill is committed to the Committee on Legal and Parliamentary Affairs, but owing to its multifaceted nature, other committees can team up to facilitate the progress of the Bill. Thank you very much.

The bill’s immediate future hinges on what current Speaker Rebecca Kadaga requires for action on the floor. According to MP Otto Odonga, Speaker Kadaga will not require MP Bahati to reintroduce the AHB. Parliament spokesperson, Helen Kawesa, also told me that the next step for the bill is a second reading and floor debate.
If Speaker Kadaga allows the bill to be considered by Parliament without reintroduction, then the requirement for a statement from the Minister of Finance has already been satisfied. If the Speaker requires reintroduction, then Mr. Bahati might have to start from scratch with an initial motion to introduce the bill followed by the tabling of a new bill for the first of three required readings. The new bill would be assigned to a committee again with hearings and a new report prior to the second reading.
As of now, there is no indication that Speaker Kadaga will require Bahati to reintroduce the AHB. If the bill is taken up by the Parliament as is, then the next step is a second reading and floor discussion. At this point, the bill could be amended.
Behind the Mask also reported that Legal and Parliamentary Affairs committee chair Stephen Tashobya said his committee would meet September 7th to decide what bills to consider before the Christmas holiday. Tashobya declined to predict whether or not the AHB would be among those bills.

Ugandan MPs vow to pass Anti-Homosexuality Bill

Despite Cabinet’s wish to shelve the Anti-Homosexuality Bill, Ugandan MPs voiced defiance in a Daily Monitor article today,

Members of Parliament yesterday accused Cabinet of bowing to pressure and described the Executive’s decision to block the gays Bill as “moral corruption”.

The lawmakers said it was immoral for government to think that donor funds matter more than traditional values and vowed to push for the Bill and ensure that it is passed even without the support of government. “Whether they want or not, we are going to pass it. For government to come up and throw out such a Bill means we are living in a crazy world,” said Mr Andrew Allen (Bugabula North).

Ndorwa West MP David Bahati, the architect of the Bill, says Cabinet cannot throw out his Bill because it is now property of Parliament and insists that he is going to push for it.

As I reported yesterday, Parliament spokeswoman Helen Kawesa said the bill was in the jurisdiction of Parliament. Today, MPs echoed her words.

Prior to the move, the international community had put pressure on government by threatening to cut aid if government passes the Bill. Ms Betty Amongi (MP Oyam South) says Cabinet has given Parliament a chance to exercise and prove its independence and not allow donor influence to “also jeopardize its works.”
The Anti-homosexuality Bill is a private members Bill and Shadow Attorney General, Abdu Katuntu (MP Bugweri) said Cabinet cannot throw out a Bill it didn’t bring. “The only option they have is to come and oppose it on the floor of the House,” he said.

Uganda's Cabinet and Parliament At Odds Over Anti-gay Bill

Today, in the face of reports that Uganda’s Cabinet tossed out the Anti-Homosexuality Bill, Parliament spokesperson, Helen Kawesa, said that the bill “is in the Parliament now. It’s Parliament’s property.” She added the Cabinet ministers will “have to argue it out in the Parliament” since the bill is controlled by Parliament and has not yet had a vote.
Kawesa added, “If the Cabinet has issues with it, they will be brought in to the floor of the House.”
Currently, budget meetings are on the agenda but a budget is slated to get a vote by next Wednesday. After that, other business, including the anti-gay bill could be considered. As of now, according to Kawesa, there is no official action scheduled for the Anti-Homosexuality Bill but she said the bill could come up at any time after the budget has been passed.
In 2010, a Cabinet committee chaired by Adolf Mwesige called for removal of the Anti-Homosexuality Bill and made recommendations to enforce existing law. Those recommendations were detailed in a report to Parliament. Many observers believed at the time that the bill had been shelved. However, the bill remained under the jurisdiction of the Legal and Parliamentary Affairs committee. That committee then wrote a report recommending that the bill be passed. However, for reasons that remain unknown, the Parliament placed the bill on the daily agenda but then failed to act on the measure. Currently, the bill remains in the hands of Parliament and is one of several measures considered in the last session which is alive in this session.

Uganda's Cabinet urges Parliament to drop anti-gay bill; encourages enforcement of existing law

Uganda’s Cabinet Minister’s have urged Parliament and MP David Bahati to drop the Anti-Homosexuality Bill, according to the Daily Monitor. Bahati declined to do so, saying the bill is now the property of Parliament. Here the entire story:

Cabinet has finally thrown out the Anti-Homosexuality Bill, 2009 on the advice of Mr Adolf Mwesige, the ruling party lawyer. However, Ndorwa West MP David Bahati, the architect of the Bill, insists the proposed legislation is now property of Parliament and that the Executive should stop “playing hide- and- seek games” on the matter.
The decision to throw out the Anti-Homosexuality Bill was made at a Cabinet meeting on Wednesday where Mr Mwesige, according to sources, told ministers that the Bill was unnecessary since government has a number of laws in place criminalising homosexual activities.
“We agreed that government should search the law archives and get some of the laws, enforce them rather than having another new piece of legislation,” a source said. “He [Mwesige] said the Bill is overtaken by events and that donors and other sections of the public were not comfortable.”
The Bill seeks to criminalise all same-sex relations in the country and proposes the death penalty for sodomy. Mr Bahati and his group maintain that the country should have stronger laws against homosexuality in order to protect the moral fabric that holds society intact.
“The future of this country’s children will be determined by the peoples’ representatives in Parliament,” Mr Bahati said during a phone interview on Saturday.

It is not clear whether or not this action will effectively kill the bill. In 2010, a Cabinet committee led by Adolf Mwesige recommended that the bill be dropped for essentially the same reasons. However, it was not dropped at that time, even though Mwesige was confident that it would be shelved.
Even though the bill might be slowed by the Cabinet’s reluctance to push ahead, Mwesige also called for enforcement of existing law (prohibition of unnatural carnal knowledge). If so, Uganda’s GLBT community could still face a worsening situation going forward.

Bachmann staffer Peter Waldron tells stories of arrest and high level connections

He says President Bush got him out of a Ugandan jail with a call to Yowari Museveni. The man at the middle of Michele Bachmann’s victory in Iowa Saturday has lots of stories to tell. Here is an interview in three parts from the Herman and Sharron Bailey Show.

Part 2

Part 3

In this video, among many other things, he accuses Museveni and his wife of maintaining death squads to eliminate enemies. Then he says they are born again Christians and good friends?! I am quite interested in the views of my Ugandan readers on this interview.
UPDATE: Richard Bartholomew has a lengthy background piece on Mr. Waldron – What do Christian Reconstructionists and Moonies have in common?