The Observer (Kampala)
4 November 2009
editorial
Kampala — The Anti-Homosexuality Bill, now commonly known as 'Bahati Bill', would be oppressive and brutal if passed into law by Parliament, and assented to by the President.The Bill, vigorously promoted by Ndorwa West MP, David Bahati, seems to be putting homosexuality at the same level as murder and treason, which is preposterous.
True, the state has a role to play in promoting public morality and the laws on prostitution, bestiality and incest, among others, are in place largely because of this.
But Bahati's approach to homosexuality is largely radical and seems to be informed by personal aversion towards gay sex. It's particularly disturbing when the Bill seeks to make every citizen spy on the other and thereby intrude into other people's privacy.
He wants everyone who gets to know about an individual's homosexual orientation, including his or her parents, other family members, medical workers, religious leaders and school authorities, to report to the Police.
If homosexuality is a social deviance, as some scholars have chosen to categorise it, and it can be redeemed with counseling of the culprits, why then punish those who seek to correct this anomaly through psychological means?
Moreover, this Bill does not give room for rehabilitation; it focuses on punitive action alone. And the punishments also come very stiff, including the death penalty for "aggravated homosexuality." But like experience has shown with crimes such as murder and treason, the death penalty has not succeeded in deterring the perpetrators.
Besides, homosexuality is already prohibited under Uganda's laws. Why is another law so important at this point? How many Ugandans have ever come across a homosexual or lesbian for this to become such a serious matter that must be stopped at all costs, even if it means through draconian legislation?
Having a different moral view is not good enough reason for Parliament to enact laws that are unconstitutional and violate people's rights to privacy, freedom of speech and expression.
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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.
I cannot make a informed comment based in the little information in the article anti-homosexuality bill may be justified in their situation. I wish that we had better laws that can protect the innocent wives and girl friends as men sleep around and visa versa. How ever want to spread the HIV virus is free to do it in Namibia, if I am HIV positive and angered an external law can constrain me and protect the fellow citizens from me.
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