anti-homosexuality bill 2009 – Page 52

Ugandan gay groups issue statement opposing sexual abuse and exploitation of minors

The supporters of Uganda’s Anti-Homosexuality Bill 2009 often say that restrictions are needed on homosexuality because gays seek to recruit children into sex. I asked Val Kalende for a comment on these allegations and she sent this statement in the form of an official policy statement.

Note that this statement makes clear that the homosexual community as represented by this statement oppose coercion and recruitment of children into sexual activities. Also note that existing law punishes those who engage in sexual activities with minors, whether the offense is against a girl or a boy. These persons agree with the need to impose penalties on sexual abuse and exploitation of minors.

FOR IMMEDIATE RELEASE

FREEDOM AND ROAM UGANDA STATEMENT ON SEXUAL ABUSE AND EXPLOITATION OF MINORS.

Our movement recognizes violence, harassment and sexual abuse of minors as violation of human rights. As a movement of people who stand for social justice, we express profound dismay at any form of sexual abuse whether hetero or homosexual.

We share Hon. David Bahati’s desires as expressed in the preamble of Bill 18:

To strengthen the nation’s capacity to deal with emerging internal and external threats to the family unit. It is nevertheless important to point out that most of these can hardly be realized through the regulatory mechanism of the law.

To protect the cherished culture of the people of Uganda, particularly the positive aspects of it.

To protect Ugandan children and youth who are vulnerable to sexual abuse and exploitation—whether hetero or homosexual.

However, while we agree that we must seek ways of dealing with issues that threaten our families, we do not agree that consensual adult homosexual relationships is one of those issues. It is therefore our humble opinion that the Bill be unpacked and scrutinized so as to avoid a law that will be used to discriminate people who are not harming anyone. There is need to separate the concept of consensual sex and non-consensual sex. In other words, we implore Hon. Bahati to withdraw his private members Bill in its entirety. As Professor Ogenga Latigo, the Leader of the Opposition said of this ´kill-the-gays´ Bill, “we cannot plunge into a legislative process before looking at what is happening, the facts and what the trends are”.

Homosexuals form a small group of people who, when people feel vulnerable, are blamed for all society’s problems. Gays have been blamed for the spread of HIV, including certain government officials saying ´Gays are not Government? priority in the fight against HIV & AIDS.´ Let it be understood: it’s not homosexuality that spreads AIDS; it is the culture that brutalizes gay men and forces them underground that spreads AIDS. To blame the spread of HIV on a minority group of people is burying our heads in the sand and failing to deal with the real problem facing our country.

Homosexuals are not the rapists and child molesters who pounce on unsuspecting family members. Research shows that over 50% of child sexual abuse reports involve children below the age of 10, and the perpetrators are heterosexual men. (Study cited in Uganda Youth Development Link, Report on Sectoral Study on Commercial Sexual Exploitation of Children in Uganda, Commissioned by the International Labour Organisation and the Ministry of Gender, Labour and Social Development- January 2004)

The 2006 national study on Domestic Violence by Law Reform Commission confirmed that 66% domestic violence (2006 national study on Domestic Violence of people in all regions of Uganda reported that Domestic Violence occured in their homes and the majority of the perpertratpors were ´male heads of household´. ( See Law Reform Commission, A Study Report on Domestic Violence, April 2006 at p.112)

The millions of Ugandan children orphaned by HIV & AIDS. The Uganda Aids Commission puts the cumulative number of orphans due to AIDS at 2 million. Homosexuals are not largely responsible for these figures since they are not considered as people who procreate.

In addressing what Pastor Martin Ssempa and his group are peddling as ´Public Outcry´, first and foremost it is not true that the Penal Code provision on ´Aggravated Defilement´ does not cover abused boys. Section 129 (3) clearly says: ´Any person who performs a sexual act with another person who is below the age of eighteen years commit a felony called aggravated defilement´. It does not limit the legal protection to girls.

As a movement, we respect and value the rights of all human beings regardless of who they are, who they have sex with and how they have sex. We SHALL be behind any efforts seeking to curb sexual abuse against minors just as we are committed to supporting any efforts seeking to curtail sexual abuse against curative rape against lesbians, and the unrealistic religious fundamentalist agenda that seeks to demonize homosexual abuses over heterosexual abuses.

As Freedom and Roam Uganda we:

Totally oppose the Bill as a whole and therefore calls for its complete withdrawal.

Do not support amendment of the Bill.

Support criminalization of non-consensual sex, for example, rape and paedophilia, whether homosexual or heterosexual.

Oppose the criminalisation of consensual sex between adults of sound mind.

The Penal code should be amended to draw an effective distinction between consensual sex and non-consensual sex.

ISSUED BY:

Freedom and Roam Uganda- FARUG

Freedom and Roam Uganda is a member organisation of Sexual Minorities Uganda, a network of lesbian, gay, bisexual, transgender and intersex people’s organisations based in Uganda.

For further details, contact:

Val Kalende

Freedom and Roam Uganda

Email: kalendenator@gmail .com

Frank Mugisha

Sexual Minorities Uganda

Email: [email protected]

It is wrong to conflate private adult homosexual conduct and sexual coercion or recruitment of minors. This statement is very clear that these groups oppose recruitment and oppose anyone of any sexual orientation who targets boys or girls.

GOP leaders condemn Uganda’s Anti-Homosexuality Bill

These GOP leaders wrote a letter to Uganda’s President Museveni.

Five Republican representatives – Chris Smith, Frank Wolf, Joe Pitts, Trent Franks and Anh “Joseph” Cao – have written a letter to Ugandan President Yoweri Mouseveni pressing him to stop pending legislation that would severely criminalize homosexuality and sometimes impose the death penalty for homosexual acts.

In the letter, which you can read in full here, the men say their religious faith requires them to oppose the legislation because it contradicts the “foundational Christian belief in the inherent dignity and worth of all men and women.”

This is a good thing and a possible basis for a Congressional resolution.

AFP: Ugandan President Museveni opposes the Anti-Homosexuality Bill

Well this is a noteworthy development:

WASHINGTON — The United States said Friday it is urging the Ugandan leadership to block a bill calling for draconian measures against homosexuals, warning it would be a setback in fighting AIDS.

Johnnie Carson, the assistant secretary of state for African affairs, told reporters that he has urged President Yoweri Museveni twice since October “to do everything he can to stop this particular legislation.”

Carson, who earlier briefed groups representing gays, lesbians and transgender individuals about the situation, noted that the Ugandan president has the power to veto any legislation.

The top US diplomat for African affairs said the bill, if passed, would not only violate human rights, it would also “undermine the fight” against HIV and AIDS by stigmatizing homosexual acts.

He added that it is premature for US government to consider withdrawing aid from Uganda because Museveni himself said he does not support the legislation and the battle is not yet lost. (emphasis mine)

Let’s wait and see…

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.