Tag: uganda

Was The Death Penalty Really Removed From Uganda's Anti-Homosexuality Bill? (UPDATED)

UPDATE – 1/14/14: This morning, I received an email from Charles Tuhaise, researcher for Uganda’s Parliament. Charles provided clarification about some of the issues I raised in this post. Thanks to him for the information. I am placing his comments in advance of yesterday’s post because they address some of my questions below. Regarding the manner of handling bills in Uganda, Tuhaise wrote:

Over here, the original Bill remains intact throughout the debate period until the Bill comes up for second reading. At second reading, usually on the same day, the entire Parliament constitutes itself into a “Committee of the whole House” and then effects amendments to the Bill clause-by-clause. After that, the Bill is “read” the third time and is passed by Parliament.
The rules of procedure do not provide for any other way of amending a Bill, after it is printed, other than the above procedure, when the Bill appears for 2nd reading in Parliament’s plenary sitting. That’s why the same copies of the AH Bill are provided whenever you request them. Even if it is a Private Member’s Bill, the Bill’s proponent cannot alter anything in the printed Bill, but must wait to propose such amendment at the Bill’s 2nd reading.
After a Bill is passed by Parliament with amendments, the Clerk’s office undertakes to produce the revised Bill that incorporates the amendments agreed by Parliament. This revised copy of the Bill is never availed to the public but is sent to the President for assent. If the President assents, it goes to the Printers and is next seen by the public as an Act of Parliament, (no-longer a Bill).
I hope this clarifies the issue of Bill amendment. The first time we know which amendments were agreed on in the Anti-Homosexuality Bill, is when it appears as an Act of Parliament (i.e. if the President signs it as passed). Alternatively, one can go to the House record of the debates (the Hansard) to see the amendments agreed when Parliament constituted itself as “Committee of the whole House” – (after the Hansard Department publishes the day’s proceedings – not sure if a copy is already available.)
But, Parliament’s Public Relations Department covered the day’s proceedings and wrote an article that indicates what was agreed on that day.

The article indicates that an act of homosexuality could lead to 14 years in jail with life in prison for repeated offenses. I have also been told that the 30 day period for Museveni’s assent (or not) does not begin until he gets the amended bill. If that is true, then his time for consideration may not have started since he may not yet have the amended bill. I asked Charles to clarify that point and will add that information when I get it.
……………. (Original posts begins below)
After the passage of Uganda’s Anti-Homosexuality Bill on December 20, all news coverage of that event claimed that the death penalty was removed from the bill.
On one other occasion prior to the adjournment of the 8th Parliament, the public was told that the death penalty had been removed. However, later, it was learned that the death penalty was in fact, still in place. And if the committee report that supported the enactment of the bill in December is the same report as offered in May 2011, then the death penalty could very well still be in the bill being considered now by Uganda’s president Yowari Museveni.
I have asked Parliament several times for a copy of the amended bill. Recently, when I asked Parliament’s media relations for a copy of the bill passed in December 2013, I received a copy of the bill tabled in June, 2011. In that bill, there are no changes from the original bill; the death penalty for aggravated homosexuality is still in place.

The date stamped on this bill is June 30, 2011 which was when the bill was tabled in the 9th Parliament. Click the link to read the bill sent to me and described as the bill passed by Parliament. The description of “aggravated homosexuality” is the same.

The death penalty is still in there (UPDATE: but as noted above, the death penalty is supposed to be removed. I still want to see the language myself due to the incident in 2011).
Now it may be that amendments were made and the bill as amended is being kept a secret. However, with the deadline looming for Museveni’s decision, it is worth asking what is actually in the bill. The world was told once upon a time that the death penalty was taken out and that other changes were made. However, the committee report in 2011 revealed otherwise.
Life in prison is bad enough and as this Cameroonian fellow proves, any time spent in prison could be a death sentence, so the removal, if true, is not reason for relief.
As I understand it, the bill becomes law if Museveni does nothing by next Monday (please see above — this may not be true). As of now, in my mind, there is still some doubt about what that law will look like.

Uganda's Speaker of Parliament Accuses Donors of Bullying; Forgets Uganda's Bullying of Gays

According to the Uganda Sunday Monitor:

The Speaker of Parliament, Ms Rebecca Kadaga, has warned the West against “bullying” Uganda over passing the Anti-Homosexuality Bill.

Addressing Uganda’s ambassadors abroad during a meeting with the House committee on Foreign Affairs yesterday, Ms Kadaga took a swipe at foreign countries for targeting Uganda, yet still keeping economic relations with other African countries with the same law.

As a taxpayer, I am glad the government is considering human rights in their donor decisions. I can think of a few other countries I would like to see get less money from the U.S. over human rights violations.
Speaker Kadaga should consider how she would like her government to bully gays.
Kadaga’s rhetoric makes me think that she is facing some heat internally. My guess is that she has political aspirations beyond being speaker and would like to use the gay issue in a populist appeal.

Uganda's President May Not Sign Anti-Homosexuality Bill; Ssempa Involved in Stealth Plan to Pass Bill

According to Uganda’s New Vision, Ugandan president Yowari Museveni may not sign the Anti-Homosexuality Bill. He told the NV that he would read it before he decides what to do.
While it may seem like such a course should not need to be stated, Museveni has not returned a bill to Parliament during this Parliament. Thus, his statement is a signal that he may depart from his usual practice.
Museveni could slow the bill down by sending the bill back to Parliament with suggestions. The Parliament could then send it to committee where it could remain indefinitely. If the Parliament returns the bill, Museveni can send it back again if he doesn’t like it. Eventually, if the Parliament returns it to him after a two-thirds vote (the second time around), the bill will become law. However, the Parliament could elect to allow the bill to remain in committee until the Parliament closes thereby allowing it to expire. For a detailed examination of the bill in the context of Uganda’s constitution, see this summary at Box Turtle Bulletin.
For a fascinating examination of the events surrounding the passage of the bill, view this video.
[youtube]https://www.youtube.com/watch?v=w17pWglQHcQ[/youtube]
For more context of the passage of the bill, see this article in Uganda’s Observer. Note the role of Ugandan minister Martin Ssempa in hatching a plan to pass the bill in stealth mode. I hope the bill is challenged in court there and this information used to indicate how Parliament violated rules of procedure in order to prevent opposition from having their voice.
While I have yet to see the bill, the amendments are describe in the Observer article. I want to see the actual language before I concede that the death penalty has been removed, but it certainly seems likely that it has been. However, life in prison is practically a death sentence in Uganda.
UPDATE: Andrew Mwenda speaks out against the Anti-Homosexuality Bill on NTV last night.
[youtube]http://youtu.be/lUlQHZlM2yI[/youtube]

What makes someone gay and can people change orientation?

In 2010, I submitted a summary of sexual orientation research to Uganda’s Independent. They published it in their Uganda Talks section. In light of the passage of the Anti-Homosexuality Bill and recent discussions on this blog, I am reprinting it here. There isn’t much that I would change about it three years later but I will comment at the end of the post.

At Uganda Talks we welcome guest blogs from our readers. Today, Professor Warren Throckmorton writes about the anti-homosexuality bill:
Defending the Anti-Homosexuality Bill, Hon. David Bahati told the BBC, “It’s [homosexuality] not an inborn orientation, it’s a behaviour learnt – and it can be unlearnt.” Is this true?
Hon. Bahati’s assertion is not consistent with current research on sexuality. While much is being learned about sexuality, the reasons why sexual attractions take the direction they do for any given person are not well known. There are many theories but no clear answers. I think this is a surprising fact for many people.
At the outset, we must be clear about what we mean when we discuss homosexuality. For instance, homosexuality and pedophilia are not the same. As with straight adults, adult homosexuals prefer other adults. In addition, we also need to make a distinction between attractions and behavior. What draws our attention and attraction is almost certainly not chosen. Behavior, on the other hand, is much more subject to reflection and choice. People may have various kinds of physical desires but for reasons of conscience decide not to act on them. In the case of homosexuality, some believe adult intimacy with someone of the same gender is right or morally neutral. In any case, as everyone knows, it is difficult to avoid acting on sexual desires, even when one’s religious views forbid such behavior.
Having strong religious views is not reason to overlook research and mislead citizens about the nature of homosexuality and sexual orientation in general. The Anti-Homosexuality Bill states in the opening section:
This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic.
However, we do not know this to be the case. Most researchers around the world agree that there is no consensus about the causes of any given person’s sexual orientation. While it seems unlikely that there is one biological or genetic cause for all homosexuals, there are data which suggest that genetic and hormonal factors during pre-natal development have some impact on our desires, in different ways for different people.
On the other hand, there is very little evidence for the role of parenting on the direction of one’s sexual attractions. A common theory is that homosexuals are not well bonded with the parent of the same-sex and that heterosexuals have strong bonds with their same-sex parents. However, think about this: Many straight people have absent or hostile same-sex parents and turn out to be completely heterosexual. Many gays have had wonderful, loving relationships with both parents and yet begin to experience same-sex attractions in their early teens or before. The research on the subject does not lend strong support for parenting factors as primary causes for sexual orientation.
Another commonly held view is that sexual abuse or recruitment makes people gay. This cannot be true for most homosexuals since most homosexuals have not had these experiences. Some same-sex attracted people recall such experiences but so too do many heterosexuals. A recent study in the United States found that some who were sexually abused had a somewhat greater likelihood of trying homosexual behavior but that there was no relationship statistically between sexual abuse and exclusive homosexual orientation. Some people might experiment, but most often they seek heterosexual partners without coercion or therapy. I need to point out however, that the majority of people who were sexually abused did not later try homosexual behavior nor were they likely to become homosexual.
Thus, the matter of cause is a scientific mystery. However, we do know that once established sexual orientation seems to be quite durable. Several studies have found brain differences between homosexual and heterosexual people. Even Christian oriented programs designed to change sexual orientation have not been very successful. A recent study of participants in an Exodus International (the largest Christian ministry aimed toward homosexuality) found a small group of people who expressed change. Just over 20% of subjects remaining in the study reported some degree of movement from being attracted to the same sex toward developing attractions to the opposite sex, but most did not. Even among those who said they developed heterosexual attractions, most continued to struggle with homosexual desire.
Furthermore, in a study I conducted recently, only 3 out of 107 primarily same-sex attracted heterosexually married males described lifetime shifts from homosexual to heterosexual attractions. It does not seem scientifically reasonable to mandate state coerced therapy when the success among those who freely choose counseling or ministry assistance is so low. All groups who conduct such counseling stress that an absence of coercion and mandate is necessary for any benefit.
Regarding the Anti-Homosexuality Bill, all concerned, including Uganda’s homosexual advocates, agree that law should protect children. However, the bill seeks to legislate an end to homosexuality based on the faulty premises that homosexuality is about recruitment and that it is learned and easily unlearned. Research provides no support for these notions. In light of this, President Museveni’s call to slow down and discuss the issues with those who oppose the bill seems especially wise.
Warren Throckmorton, PhD is an Associate Professor of Psychology at Grove City College in Pennsylvania, United States. His specialty is counseling responses with sexual identity concerns and can be reached via his website at www.wthrockmorton.com
N.B. The opinions expressed here are those of the authors and do not necessarily reflect the position of Independent Publications Ltd.

I can add that my study eventually included over 260 participants with no increase in number of people who claim extreme change. It just doesn’t happen very often. I wish I would have emphasized more the brain differences which have been reported.  Whatever causal factors turn out to important, it is well established that sexual attractions are not chosen.
From my point of view, there is no compelling state interest in criminalizing homosexual behavior. The Ugandan lawmakers claim that gays recruit children, but have never provided evidence to that effect. Furthermore, all gay groups in Uganda vocally support the laws which already criminalize what is termed “defilement” of children.
See also:
Sexual identity: Our bodies tell us who we are.
SPLC Myth #4: Homosexuals don’t live nearly as long as heterosexuals
NARTH article asking why homosexuality isn’t a disorder
Mental Health Status and Homosexuality

Parliament Spokeswoman: Uganda's Anti-Homosexuality Bill Has Passed (UPDATED)

UPDATE: Parliament issued a statement regarding the Anti-Homosexuality Bill which is provided in full at the end of this post.
……..
Helen Kawesa, spokeswoman for Uganda’s Parliament, told me this morning that the Anti-Homosexuality Bill was affirmed by the lawmakers in Kampala during today’s session. “Yes, it has been passed,” she said, speaking about the Anti-Homosexuality Bill.
The bill is not on the agenda posted on Parliament’s website, but Kawesa said it was on the paper she had.
The Parliament passed the Anti-Pornography Bill yesterday. However, according to Kawesa, the bill passed today is the Anti-Homosexuality Bill 2009. Kawesa indicated that she would send a copy of the revised AHB via email.
The parliament has come close to considering the bill several times since 2009. See this link for my prior coverage of the bill.
Developing, watch for updates.
UPDATE: The BBC is now reporting the same thing. So is Uganda’s Monitor. No comment as yet from the country’s president Yowari Museveni. Museveni had indicated in the past that he did not favor the bill. However, Museveni can only delay the bill; he cannot stop it under Uganda’s constitution.
According to the BBC, the prime minister opposed the action on procedural grounds saying there was not a quorum.
Ugandan civil rights leader Frank Mugisha issued this statement to me this morning:

I am outraged and disappointed that our MPs [members of Parliament]  have expressed ignorance and passed the bill; but we shall challenge it in all avenues. It won’t be law.

A protest is planned today in London at the Uganda House.
This report of the Legal and Parliamentary committee contains alterations in the original bill which may be in the bill passed earlier today. The full text of the original bill can be viewed here.
Ugandan minister Martin Ssempa is glowing this morning after the passage of his pet project. Remember when he tweeted his friend Matt Barber that I was the “chief of falsified news?”


UPDATE: Uganda’s New Vision is reporting that the Parliament rejected a call to reduce sentences for homosexual behavior to 14 years, instead making the penalty life in prison. Uganda’s prime minister Amama Mbabazi told the New Vision that “consultations” would be held among executive members of the government. The copy of the bill in the NV article is the original version, and may not represent what was passed earlier today.
I spoke again to Parliament spokeswoman Helen Kawesa who said the position of the speaker is that there was a quorum when the bill was passed.  Kawesa also indicated that government was aware of the plans to address the anti-gay bill.
Here is the minority report which was not incorporated by Parliament. Although I have yet to see the bill language, Uganda’s Parliament Watch is reporting that the death penalty was removed with life in prison replacing it.
Parliament’s statement:

Parliament has finally passed the controversial Anti-Homosexuality Bill, criminalizing, outlawing and providing harsh jail terms for same sex relationships in the country.
The Anti-Homosexuality Bill, 2009, a Private Members’ Bill, was first presented to Parliament by Hon. David Bahati (NRM, Ndorwa West) in October 2009. It was one of the pending bills not considered at the end of the 8th Parliament, but saved and re-introduced for consideration by the 9th Parliament.
The Bill was then referred to the Committee on Legal and Parliamentary Affairs, which received submissions from among others the Ministry of Justice and Constitutional Affairs, Uganda Law Reform Commission, Uganda Human Rights Commission, Uganda Prisons Service, Civil Society Coalition on Human Rights and Constitutional Law and the National Association of Social Workers of Uganda.
Hon. Benson Obua Ogwal (UPC, Moroto), was excited as he moved the Bill for its Second Reading.
“Ugandans have been anxiously waiting for this Bill. This day will be good day for all Ugandans,” he said.
The Anti-Homosexuality Bill, 2009 seeks to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting any form of sexual relations between persons of the same sex; and 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 other non governmental organization inside or outside the country.
The Committee on Legal and Parliamentary Affairs said in its Report, “The Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.”
The Committee also said that there is need to protect the children and youth of Uganda who are vulnerable to sexual abuse and deviations as a result of cultural changes, uncensored information technologies, parentless child development settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption and foster care.
The Anti Homosexuality Bill provides a fourteen year jail term for one convicted for the offence of homosexuality; and imprisonment for life for the offence of aggravated homosexuality.
However, two Independent Hon. Sam Otada (Kibanda) and Fox Odoi (West Budama North) differed from their colleagues on the Committee arguing that the Bill is discriminatory and that homosexuality was already prohibited in other existing laws.
“What two consenting adults do in the privacy of their bedroom should not be the business of this Parliament. It is not right to have the state allowed in the bedrooms of people,” they stated in their Minority Report.
The Prime Minister and Leader of Government Business, Rt. Hon. Amama Mbabazi, who also sought to defer the consideration of the Bill, argued that government was involved in negotiations over the proposed legislation.
“I was not aware that this Bill was coming up for debate. There are some issues on which we are still consulting,” he said adding, “This is an important Bill that we need to pass with a quorum in Parliament.”
The Bill, having been passed by Parliament, will be forwarded to the President for his assent before it can become law in Uganda.

Advocacy efforts against the bill should now be directed toward president Yowari Museveni.