When I first heard about Uganda’s ‘Kill The Gays’ bill in 2009 – I was appalled and thought a bill like this would never pass today. Fast forward to today…..Uganda’s speaker of the country’s parliament, Rebecca Kadaga, has stated that the anti-gay bill will be passed prior to the end of 2012 insisting it is what Ugandans want. For those of you that are not familiar with the bill, here are some hi-lites from THE ANTI HOMOSEXUALITY BILL, 2009:
THE PRINCIPLE
- 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 government organization inside or outside the country.
- Aims to strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.
- Legislation further recognizes the fact that same-sex attraction in not an innate and immutable characteristic.
- Aims to 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 promiscuity on the people of Uganda.
- 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 development settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise.
Part I (Preliminary) Section 3 talks about ‘Aggravated homosexuality’:
(1) A person commits the offence of aggravated homosexuality where the –
- person against whom the offence is committed is below the age of 18 years old.
- offender is a person living with HIV.
- offender is a parent or guardian of the person against whom the offence is committed.
- offender is a person in authority over the person against whom the offence is committed.
- victim of the offence is a person with disability.
- offender is a serial offender; or
- offender applies, administers or causes to be used any man or woman any drug, matter or thing with intent to stupefy or overpower him or her so as to there by enable any person to have unlawful carnal connection with any person of the same-sex
(2) A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer death
(3) Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status.
The pre-existing anti-gay legislation in Uganda may already be on a legally unsound footing. Whereas anti-gay laws survive from the era of British Colonialism, Uganda like other African countries adopted a very liberal constitution, during the wave of neoliberal reforms of the 1990’s. Especially Article 21 of the Ugandan Constitution of 1995 titled “21. Equality and Freedom From Discrimination”, which indicates:
(21). Equality and freedom from discrimination.
(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
(3) For the purpose of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
Here is the 2009 bill: bill-no-18-anti-homosexuality-bill-2009
The anti-gay bill has apparantely been amended not to include ‘punishment of death’ due to international criticism but gays and lesbians face life imprisonment should they be public about their sexuality. This bill perpetuates the stereotypes many religious people and institutions have about homosexuals, such as; promiscuity, apparent drug use, pedophilia, and bestiality. This bill will also invoke violence against gay, lesbian, bi-sexual, transgendered and their families because people will think they are justified to act with violence as per this bill passing.
What the world community is saying:
In 2009 – Prime Minister – Stephen Harper, privately expressed opposition during the Commonwealth leaders’ meeting.
The Canadian Transport Minister, John Baird stated to The Globe and Mail, “The current legislation before Parliament in Uganda is vile, it’s abhorrent. It’s offensive. It offends Canadian values. It offends decency.”
October 8, 2011 – Andrew Mitchell, the UK Secretary of State for International Development, announced that African countries that persecute homosexuals will face cuts in financial aid from the British government.
The government of France has also criticised the bill, citing a “deep concern”.
December 16, 2009 – The European Parliament passed a resolution against the bill, which threatens to cut financial aid to Uganda.
December 3, 2009 – The Swedish government, which has had a long-term relationship with Uganda, said that it would revoke its $50 million development aid to Uganda if the bill passes, calling it “appalling”. Sweden’s Development Assistance Minister Gunilla Carlsson stated that she “thought and hoped we had started to share common values and understanding”.
The White House released a statement to The Advocate, stating that United States President Barack Obama “strongly opposes efforts, such as the draft law pending in Uganda, that would criminalize homosexuality and move against the tide of history.”
We need to hold Uganda accountable if/when this bill ever sees the light of day – We need to continue to pressure our politicians to send Uganda a message that the world does not condone this type of discrimination!
If you have any friends or family members who are gay – you understand the need to support Uganda’s gay and lesbian community and stand with them just as you stood by your loved ones that were born gay. Contact your local MP or MPP and ask for their support.
In Canada – please send an email to the Prime Minister: pm@pm.gc.ca
Together, we can make the world a more positive one!
COALITION OF POSITIVE ENERGY 