David bahati – Page 10 – Warren Throckmorton

Ugandan government negotiates with Bahati over antigay bill

According to an AllAfrica summaryof a Daily Monitor article that I cannot find, members of the Ugandan Cabinet met with David Bahati, author of the Anti-Homosexuality Bill, and asked him to withdraw the bill in favor of other legislation which would do the same thing.

A Cabinet sub-committee formed to study the Anti-Homosexuality Bill 2010 and report back to Cabinet, yesterday added a spin into the Bill and called for its withdrawal.
In a closed-door meeting with Mr David Bahati, the mover of the Bill, the sub-committee said some of the penalties proposed in the Bill could be catered for by the Penal Code Act and the yet-to-come Sexual Offences Bill.

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Sources, who attended the meeting, said the sub-committee, chaired by First Deputy Premier Eriya Kategaya, suggested that if Mr Bahati did not mind a lot, he could withdraw the Bill. “They said Cabinet doesn’t agree with the death penalty which the Bill proposes,” a source, who cannot be named because they are not authorised to speak on behalf of Cabinet, said. “They asked Bahati to drop the Bill if he doesn’t care much.”

I have spoken to David Bahati on several occasions, and I know he cares a lot, so I am not surprised by his reported take on the meeting.

Sources also said Mr Bahati went with Commissioners Denis Obua and Justine Lumumba and MPs Beatrice Lagada, Wilfred Niwagaba and Fred Nkaayi. Mr Bahati acknowledged meeting the subcommittee but refuted claims that he had been asked to withdraw the Bill. “The meeting was purposed to build a win-win situation so that we improve on the Bill but we continue upholding the values of our country.”
Early last year after meeting Cabinet over the Bill, Mr Bahati said he was willing to amend the proposed law but “without putting the values of the country at risk”. The sub-committee was set up by President Museveni after pressure from the US and other countries in Europe to drop the Bill.

Earlier today I had an email exchange with a member of the Legal and Parliamentary Affairs committee who told me that the committee will raise the issue before Parliament as a matter of urgent concern next week. However, he added that the bill would probably not be considered this session in part due to an upcoming Easter recess.
According to these minutes of Parliament from 2004, the Sexual Offences Bill has been discussed since about 2001.

On the issue of defilement, Sir, Sexual Offences Bill has been pending for more than three years. We had hoped that it would come to Parliament sooner than later…

I have asked several insiders there for a copy of the SOB but none of them have seen it. International observers who assume that the end of the Parliament will bring the end of the effort to toughen laws against homosexual behavior and free speech are probably wrong. The govt’s call for withdrawal is more of a political maneuver than an expression of a difference over outcomes.

Uganda's religious and civil leaders continue calls for debate on Anti-Homosexuality Bill

In sharp contradiction to Christianity Today columnist Timothy Shah’s statement that Uganda’s religious and political leaders were “repelled” by David Bahati’s Anti-Homosexuality Bill, various such leaders spoke out in support for the bill in the waning days of the 8th Parliament.
Today, UG Pulse reported:

Religious leaders, as well as the civil society organisations have today petitioned the Speaker of Parliament, Edward Ssekandi, calling for the debate and passing of the controversial Anti Homosexuality bill.
This comes a day after the activists were thrown out of the Parliament, shortly after meeting the chairman of the Legal and Parliamentary Affairs committee, Stephen Tashobya on the same matter.
The Inter Religious Taskforce against Homosexuality, led by Pastor Martin Ssempa and Bishop Julius Oyet, presented over 2000 signatures collected from across the country, calling for the passing of the bill, which they say will protect the children.
They also revealed that a lot of money had been injected into a recruitment drive and if the legal committee was delaying, the bill should be moved to a different committee instead.
The Speaker of Parliament, Edward Ssekandi told the taskforce that Parliament will receive all views from different stakeholders before it is either passed or rejected.
He however promised to consult with the relevant committee to discuss the bill as soon as possible.

Yesterday, a Voice of America report said the signatures numbered 2 million.

Religious leaders in Uganda are calling for a renewed debate of the country’s “anti-homosexuality” bill which they argue is essential to protect Ugandan children from homosexual recruitment.
On Wednesday, religious leaders and anti-homosexual activists from around Uganda gathered in parliament to urge debate on the country’s much-maligned “anti-homosexuality” bill.
The bill – also known as the Bahati Bill for the Member of Parliament who introduced it – has garnered worldwide attention for a provision which set the death penalty as punishment for certain homosexual acts. While the death penalty has since been removed from the bill, advocates continue to call for its passage as a means of protecting Uganda’s children.
Lead by Pastor Martin Ssempa, a charismatic and vocal opponent of homosexuality in Uganda, the group asked Ugandan Parliamentary Speaker Edward Kiwanuka [Ssekandi] to fight the emerging “homo-cracy” in Uganda and enter the bill for debate.
“We as religious leaders and civil society are distressed that the Anti-Homosexuality Bill is being deliberately killed largely by the undemocratic threats of western nations,” he said. “These same nations who promote democracy don’t want our representative to discuss laws to protect our children from the human trafficking of recruiting our children into homosexuality.”
Ssempa leads the Inter-Religious Taskforce Against Homosexuality. During the session with Speaker Kiwanuka, the Task Force presented a portion of over 2 million signatures it said were gathered from around Uganda in support of the bill.

In fact, Julius Oyet was deputized by David Bahati to gather these signatures.
Then, this report was filed late yesterday in the Daily Monitor. The Speaker of the Parliament gave an encouraging word to the religious leaders:

“The mover of the Bill (David Bahati) is still a member of the 9th Parliament and even if the current Parliament doesn’t debate it, the new Parliament will do it,” Mr Ssekandi said.
He added: “Since the Bill was tabled, I have received numerous calls from the international community to throw it out but I always tell them that I don’t have those powers.”

Mr Ssekandi also told the team that their petition would be considered by the committee.

Chances are that time will run out on the bill. However, Ssekandi seemed to say that the new Parliament might take it up. With the government spokeswoman recently saying that the bill’s provisions will be added to another bill — the Sexual Offences Bill — the issue is far from over.

Bahati says there is still a chance for Uganda's antigay bill

On Saturday, David Bahati called up his new best friend Melanie Nathan and told her that the Anti-Homosexuality Bill would be heard before the end of the 8th Parliament in May.

Today I immediately mentioned the confusion surrounding the status of the AHB in this eighth parliament. I asked Mr. Bahati if it was true that the Bill has been scrapped and he asserted – “absolutely not” and that it is a matter still in the hands of the Parliament and that it can be passed at anytime.
The best update preceding this call can be found on the site of Warren Throckmorton, posted the following series of updates on his Blog Post: In Sum: On March 24, 2011 Throckmorton notes: “This afternoon I have heard from two sources in Uganda that the Anti-Homosexuality Bill (AHB) has been shelved…” Then on March 25^th NTV Uganda provided a report noting that the Anti-Homosexuality Bill had yet to be decided, it was not shelved but that the Museveni administration spokesperson indicated that the criminalization of homosexuality in Uganda is sufficiently covered by other legislation.
David Bahati, as prime defender of the AHB spoke in the report that appeared on Throckmorton’s site , clearly noting his dissatisfaction with the idea that the law should remain as is for lack of clarity on certain issues that he believes ought to be specifically dealt with.
Today Mr. Bahati informed me categorically that the AHB has not been shelved and that he still hopes it will be “decided” by the 8^th Parliament. He informed me that the 8^th Parliament will continue until the President is sworn in again in MAY 2011 to herald the new 9^th Parliament, and that the AHB can be decided upon anytime up until then. He insisted it is still being considered by Committee.

I made several calls to Legal and Parliamentary Affairs Committee Stephen Tashobya, including one this morning. However, he did not answer, nor has he replied to emails. I know he was traveling some last week out of the country, so that may be some of the absence. However, I also wonder if the matter has been buttoned up by the Museveni administration. If so, Bahati may be placing himself at some risk by continuing to promote his bill.
My guess is that the bill is not going to get out of committee. We have yet to see the Marriage and Divorce Bill which is slated to take place before anything else from that committee. It seems highly unlikely that the AHB would be considered before the Marriage and Divorce Bill, given the promises made by the Speaker of the Parliament and Hon. Tashobya – the committee chair.

Timothy Shah’s Ugandan conspiracy

I am posting on Timothy Shah’s Christianity Today article about Uganda as I have time. Rather than posting one long response, my schedule has been friendly to shorter efforts.

In this one, I want to point out that Mr. Shah makes some assessments of David Bahati that are not based on contact or interview with Mr. Bahati. Shah writes:

Some American groups have thus made a crusade of opposing the anti-gay bill in Uganda largely because of the mistaken belief that American evangelical groups have made a crusade of advancing it. In fact, its origins have far more to do with the idiosyncratic insecurities of David Bahati. Mr. Bahati and some of his fellow Anglicans feel themselves under enormous pressure to demonstrate their moral and spiritual traditionalism. Increasing competition from Islam and conservative Pentecostals throughout sub-Saharan Africa makes Anglicans’ associations with liberals in the West suspect. Still, the theory of the bill’s American inspiration is a useful device that enables advocates of gay rights to attack homophobia in Uganda without appearing insensitive to Ugandans or Africans.

Mr. Shah seems intent on dismissing any American evangelical influence on the Anti-Homosexuality Bill and David Bahati. Instead, Shah has his own theory – “idiosyncratic insecurities of David Bahati.” Such an assessment would normally require reporting, interviewing and evidence. Not so, here. For instance, David Bahati told me late yesterday that he has not spoken to Shah. Without interviewing Bahati or citing evidence for his claims of “idiosyncratic insecurities,” we are left with Mr. Shah’s theory about religious competition among Anglicans, Pentecostals and Islam.

In fact, Bahati denies direct American influece while at the same time, disclosing secret American support for his effort. I don’t believe Americans wrote the bill, but it is surely true that there are prominent American evagelicals (e.g., Lou Engle, Molotov Mitchell, Cliff Kincaid) who have supported the effort.

Shah’s unfamiliarity with Bahati and the facts surrounding the bill lead him to a faulty narrative – one which has opposition coming only from the left and gay activists because of the black eye it gives to evangelicals. However, in fact, the real story here is the civil war among evangelicals over the bill’s intent and provisions. American Christians and gay rights advocates have found common ground in support for personal freedom of conscience, and opposition to state sanctioned imposition of religious dogma on citizens. One does not need to religiously affirm homosexual behavior to vigorously oppose this bill.

Shah’s lack of knowledge of the situation in Uganda is also revealed in the events of this week. Shah said that Ugandan religious and political leaders were repelled by the bill and that the bill had been stopped in its tracks. However, just in the past couple of days, we now hear from Parliament leaders that the AHB could be debated as early as next week. While op-eds are not hard news, they should be based in fact. Shah’s op-ed fails both as a faithful witness and informed opinion. CT should pull it yesterday.

UPDATE: Here is another Ugandan article reporting that the AHB will be debated during the short session beginning Tuesday.

Uganda committee chair: Fate of Anti-Homosexuality Bill still uncertain

This morning, Stephen Tashobya, the chair of the Legal and Parliamentary Affairs committee of the Ugandan Parliament told me that the prospects for the Anti-Homosexuality Bill are still not certain. He denied saying that public hearings were planned, adding “what we said was we have that bill [the Anti-Homosexuality Bill] together with many other bills before the committee.”

Tashobya added, “When I was asked about that bill, I said yes, it is among the many bills that we have and we shall sit down as a committee and look at all the bills and set out a program. I cannot rule it [the Anti-Homosexuality Bill] but I cannot say at this stage.”

Last night, I posted a link to a UG Pulse article which quoted Tashobya as saying that the Anti-Homosexuality Bill would be one of the bills debated and possibly passed by this short session of Parliament which reconvenes March 22 and ends on May 12. However, this morning Tashobya confirmed his statements to me on March 3 and March 10 that he was not sure that there would be time enough for the anti-gay measure, saying “We won’t finish all the business before the committee by the end of the session.” However, about debate on the anti-gay bill, he said, “I cannot rule it out at this point.”

Tashobya cautioned that his views were conditioned by the need to take into account the views of his entire committee. He did confirm another UG Pulse report about a bill to address the rights of women. He told me that his view as committee chair was that the Domestic Relations Bill was “long overdue” should be considered before the Anti-Homosexuality Bill.

The author of the AHB, David Bahati welcomed the possibility that the AHB would make it to the floor of Parliament. In a statement to me this morning, Bahati wrote:

The urgency to have a measure to protect our children and traditional family and defend the decency of our society from the gathering evil of homosexuality is now. I believe parliament will come up with a law that puts Uganda’s interest first, namely, to prohibit same sex marriage, to stop the recruitment of our children, to stop the promotion of homosexuality and to establish a mechanism for rehabilitation, care and counselling.

In a way, public hearings have been taking place since October, 2009. However, it appears that now a narrow window is still open for stakeholders and other interested people to make their views known.

UPDATE: The Red Pepper demonstrates how much haste Bahati is in to get his bill passed.

NTV has this report in which we finally see Stephen Tashobya. I don’t know what to make of what seems like a contradiction between his statements on camera and his statements to me. This footage was edited and may not have included his full thoughts on the matter. If they can be reconciled, I would say that he plans debate if and when the committee takes up the anti-gay bill, but would not guarantee to me that the bill would get that far. Whatever the reality, these statements from Bahati and Tashobya should alert opponents that the window to have an impact is narrow.