International Bar Association (London)
4 November 2009
press release
The International Bar Association's Human Rights Institute (IBAHRI) today condemned a proposal in Uganda to impose the death penalty for 'aggravated homosexuality' in the Anti Homosexuality Bill which was recently introduced into the Ugandan Parliament.
Under the Bill, 'aggravated homosexuality' is deemed to exist when a homosexual act occurs with disabled persons, persons below the age of 18 or when one of the parties is HIV-positive.
'Uganda's Penal Code already contains 15 capital offences and there are 637 prisoners on death row', said IBAHRI Co-Chair Martin Solc. 'This Bill adds sexual activity to that list.'
'Uganda is a party to the African Charter and the International Covenant on Civil and Political Rights,' said Justice Richard Goldstone, Co-Chair IBAHRI. 'The Covenant stipulates that the death penalty may only be imposed for the most serious of crimes. Under United Nations resolutions, countries which retain the death penalty should introduce a moratorium on its use. This Bill is against that clear international trend,' Justice Goldstone added.
The Bill is contrary to international law, regional law in Africa, the Ugandan Constitution and Uganda High Court rulings.
Dr Phillip Tahmindjis, Deputy Director of IBAHRI, said: 'This Bill is an attack on human dignity at several levels. It provides life imprisonment for homosexuality and seven years imprisonment for 'promoters' of homosexuality, such as publishers. The Ugandan Constitution provides for equality, privacy, freedom of speech and freedom from discrimination, and a Uganda High Court decision last December held that these rights apply to all people regardless of their sexuality or gender identity.'
'The provisions of international and regional human rights law, together with the Ugandan Constitution and these High Court rulings have been ignored by this Bill', Dr Tahmindjis said. 'Offences for "aggravated" behaviour are already adequately covered by the Ugandan Penal Code. The Bill is really an attack on sexuality rather than a protection for the vulnerable. Its name – the Anti Homosexuality Bill – indicates its real intention,' he added.
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I have watched on in horror as my church leaders (Anglican) endorsed the anti-gay bill but are opposed to the death penalty as if that is a concession.
I can't believe that our pastoral mentors who are always stressing that we are all sinners, and that we should forgive fellow sinners could agree to such a hate-filled law.
As I boy we grew up being told wonderful bible stories and the more interesting and captivating, the ones my LORD and SAVIOUR told in parables.
One is poignant, the stoning of the adultress, and Jesus's assertion, that the non-sinners were the only ones qualified to throw even one stone at her. Jesus was sinless and so was entitled by his statement to throw a tempest of stones at her first, and then the angry mob next, but he didn't.
He then set the standard that even though you think you are sinless, neither should you cast the stone. The church has fallen right into the trap, churches in Europe did, associating themselves with the state. This association will blur where the state begins and the churh ends.
Hence the failings of the state will be construed to be the failings of the church and this will in turn lead to lack of trust or confidence in our faith leaders, and by extension in the wonderful faith, we have began a journey that will lead us to the european situation where spirituality is vitrually dead.
The church in essence by supporting this law has started to categorise sin into different tiers. I have not seen any concerted effort by the church to increase punitive measures for corruption, torture and unlawful detention etc
It creates a perception you can do the above and get scot free, a small sentence but God forbid if you are gay, only your life will do. I consider engaging in homosexual sex as a sin(that's my belief), but it's not the first of all sin, neither the last, SIN is SIN. And besides what I believe or do not is my right and will not impose it on another neither would I want someone imposing their belief on me.
I can not trust politicians nor government as custodians of morality one bit and doing so will be laughable, giving them such wide ranging discretion and power will only lead to it's abuse. A crime that is next to impossible to prove, is the easiest to abuse, and is one which should not have such punitive punishment.
Wait when opponents of this government start being indicted in court with shady witnesses, and their fortunes are left to the mercy of the court, it's one's word against the other and so, the verdict of guilty or innocent will be 50/50 irrespective of guilt or innocence of the accused.( Even pastors have taken to accusing each other of homosexuality)
Furthermore, the freedom to worship, believe, associate is enshrined in this constitution.But this bill serves to impose the beliefs of some on others, how is that consistent with the constitution. What will be next? Code of dress? It's interesting to note that the one of the chief backers of the bill,Dr.Nsaba Buturo, the minister of Ethics & Integrity(whatever that means) once tried to revoke the license one of the popular music video channels(Channel 5 East Africa TV) accusing it of promoting immorality. This is the same person who served under the brutal regimes as a district commissioner,and funny enough was tasked to suppress the current president's guerilla advance to statehouse, what a perfect custodian of ethics he is!
I am also dissapointed that we Ugandans can have an uproar against actions of two consenting adults, but will not so much as make a whisper when officials steal our funds even those meant to save lives, what bigotry and hypocrisy!
I for one will stick to my LORD and SAVIOUR for guidance by:- 1.Loving God with all my strength, heart and soul. 2. Loving my neighbour as I love myself. Only through this will I not unwittingly become a pharisee.
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