Report: Bahati says Anti-gay bill back in November

Uganda’s Anti-Homosexuality Bill will likely be tabled again but the question is when? MP Otto Odonga told me recently it could come to the floor of Parliament in August. Now a source is saying that Bahati pegs the return for November of this year. Here is the story from a Ugandan blogger who writes that he recently spoke with MP Bahati:

However perhaps even matching its own record on the bizarre and grotesque was the so-called “Kill the Gays” Bill that was introduced by arguably one of the more capable Members of Parliament today, the Ndorwa West MP David Bahati. Last time I had a chat with the MP (who I had incidentally advised against the bill precisely because of the storm it may generate and because I considered it a waste of valuable time), he told me the bill would return to the house in November. “ I am winning,” he said.
These days I am sort of resigned to how disagreeable things can become what with an economic storm, a crisis of the Ugandan shilling and real hurt amongst Ugandan families that I consider this bill largely academic. But just like the bail law some people have suggested to me that the bill is intended for political purposes as well. My sources in parliament also add that because of the world wide storm it generated it will come to the House for debate in stealth not reflected in “ the order paper” of the day.

This would be possible because the Speaker there has great freedom in how the business is conducted. According to MP Odonga, the Speaker, Rebecca Kadaga, has assured MPs that the AHB will be moved ahead from the last parliament. Thus, it would be old business and could be brought forward at her discretion. Whether or not she will do that is a guessing game.
I have also heard today from sources I trust that ministers are quietly appealing to MPs to pass the bill via letters and emails. The relevance of this is that the movement to get the bill considered is not as public as during the previous parliament.

Uganda's Anti-Homosexuality Bill on a fast track

I spoke yesterday with Ugandan MP Hon. Otto Odonga who told me that the Parliament will bring back the Anti-Homosexuality Bill soon, perhaps “by the end of August.” Although the re-introduction of the antigay bill had been expected, Odonga said the bill is “back from the perspective of the new parliament starting from where the last parliament ended.”
Since the end of the Eighth Parliament, observers have speculated that the Ninth Parliament might not require re-introduction of bills deliberated upon but not passed. Two weeks ago, the Speaker of Parliament, Rebecca Kadaga, held a meeting with the chairpersons of all Parliament’s committees to orient them to their new positions. Also, in order to save time and expense, the group decided to bring forward at least three bills to the new session: the Government Assurances Bill, the Marriage and Divorce Bill and the Anti-Homosexuality Bill.
In a prior post, I outlined a pretty close approximation of what the Parliament will be debating.

Ugandan MP says new anti-gay bill could be law soon

After a tumultuous end to business in the last session involving the Anti-Homosexuality Bill, the current Ninth Parliament of Uganda continues to organize itself for business. Last week, committees were formed and rules or order are being devised.  Jockeying for power and influence occupy the efforts of those in the ruling party and those in the opposition.
Lawmaking is probably a month away but one legislator is predicting that a re-introduced Anti-Homosexuality Bill will be law within two months. Otto Odonga, a member of the committee which Legal and Parliamentary Affairs committee in the 8th and now again in the 9th Parliament told me via Skype that he expects David Bahati to reintroduce the bill as soon as possible. He predicted that the bill will come to the floor of Parliament as soon as rules allow.
“It will be expedited this time around and passed within one, maybe two months time,” the MP said. Odonga also told me that Stephen Tashobya, the chair of the Legal and Parliamentary Affairs committee, was re-appointed to that same post in the new Parliament. While Bahati will need to start from scratch on the bill, the committee will be able to use the report issued last session as a basis for their work this time around. That report called for minimal changes and retained the death penalty for certain offenses. Odonga said the bill has wide support in the Parliament.
As a follow up on a prior story, Odonga also said that David Bahati was selected to be the coordinator of the Parliamentary Prayer Fellowship.

Antigay bill author David Bahati chair of parliamentary prayer fellowship

In another sign that David Bahati’s stock continues to rise in Uganda, Bahati presided over the recent opening parliamentary prayer fellowship dinner as chairman. From the New Vision:

The chairman of the parliamentary fellowship, David Bahati, said the caucus of God is bigger than all other caucuses and does not discriminate against political affiliations.
The parliamentary fellowship was founded in 1986 by the late Hon. Balaki Kirya, and has since 1991 been organising a prayer breakfast on every October 8.
Bahati said the fellowship, initiated some bills like the Anti- Homosexuality and Anti-Pornography believes in a God led country and God led policies.

Bahati here locates the Anti-Homosexuality Bill in the agenda of the Uganda Fellowship. Bahati’s position is contrary to the American group and that Bahati’s continued advocacy is a source of frustration for the Fellowship.

Uganda's Monitor interviews Bahati and gay advocate; Bahati admits bill redundant

Uganda’s Sunday Monitor interviewed Anti-Homosexuality Bill author David Bahati and gay advocate Kasha Jacqueline Nabagesera about the anti-gay bill. Here are some highlights:
Bahati continues to say the death penalty will be removed.

Certainly the punishment of death penalty is something we have moved away from- attempt to commit homosexuality is something we have also moved away from.

There are a number of amendments we have made, and those are going to be brought forward. Since we have moved it, we have listened to a number of views from a number of stakeholders, and all those views have been incorporated in the amendments, which will come when we happen to bring it.
But the focus is on inducement, stopping the inducement of our children to this behaviour, and promotion- those two things are the ones that we will be focusing on.

The committee report I have does not remove the death penalty.
In this part, Bahati admits that the bill is not necessary to address defilement. The Monitor reporter asked why the law is needed when laws addressing child protection are on the books.

If protecting children is the focus of the Bill, why does it require an entirely separate bill from current child protection laws?
We are not really singling out anybody. In 2007, we had an Act which stops defilement, the defilement Act, it is already there. We have the Penal Code which criminalises homosexuality in some form, but it is not specific, it’s not effective, it needs strengthening.
The Bill comes in to include other issues that have emerged over time-issues of promotion, it has never happened, it is happening now, issues of inducing children- it was never there, it was happening now.

Do not miss the significance of this. Bahati and Ssempa have been saying that the law is needed to protect boy children. The Penal Code Amendment Act made the defilement laws very stringent and gender neutral.
Finally, note the time frame of addressing a new version of the AHB: a few weeks from now.

The close of this (8th) Parliament is just pressing on the pause button-in a few weeks when Parliament resumes we will begin the process of legislating against homosexuality.

Kasha provides her point of view, and she says they will challenge the bill in court. The current bill would have many problems which would make it immediately vulnerable to a court challenge (e.g., see this excerpt of a longer critique by Makerare University law professor Silvia Tamale).
Finally for this brief post, Kasha reminds us that the GLBT groups in Uganda have condemned defilement and any activities that could be considered “recruitment,” saying

If I found someone trying to recruit children into homosexuality, I would even hand them in myself – he is trying to pretend that he’s protecting children of Uganda, but he’s not doing that.