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Uganda: Continent's Govts Watch Anti-Gay Bill Debate

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For years, Uganda’s population has endured human rights violations at the hands of both government agents and rebel groups. Ugandans have been subjected to harassment, unjust imprisonment and censorship, as well as politically and ethnically-motivated killings.

The regimes of both Milton Obote and Idi Amin plunged the country into a state of perpetual fear. More recently, Ugandans in the north of the country have endured rapes, killings and kidnappings by rebels of the Lord’s Resistance Army (LRA).

Against this backdrop, a bill was introduced in September that would institutionalize discrimination against those who are, or who are thought to be, lesbian, gay, bisexual or transgender (LGBT). The draft of the Anti-Homosexuality Bill was introduced by Parliamentarian David Bahati, a Ugandan politician with ties to anti-gay activists from the United States who were recently in Uganda to discuss the "threat" posed by homosexuality. It is believed that the discussion between these anti-gay American activists and elements within the Ugandan government regarding the threat of homosexuality may have brought Uganda’s simmering homophobia to its current boiling point.

The Anti-Homosexuality Bill criminalizes any form of sexual relations between persons of the same sex as well as the “promotion” of homosexuality, imposing a seven-year prison sentence for anyone providing protection or assistance to LGBT individuals. This measure would drastically threaten the valuable work of human rights activists, organizations and public health professionals operating in Uganda. The bill imposes a life sentence for engaging in “homosexual activity” and a death sentence for “aggravated homosexuality,” which would include sexual activity by LGBT people who are “serial offenders” and those who are HIV-positive.

The passage of the Anti-Homosexuality Bill could have ripple effects for the LGBT community globally. Ugandans living abroad, under the proposed bill, could face extradition and imprisonment if charged with being homosexual or in aiding homosexuals in Uganda. In various African countries, including Malawi and Nigeria, LGBT activists are in the midst of their own struggles over anti-gay legislation.

Governments in Africa and beyond are observing the debate in Uganda’s Parliament and the international reactions to the proposed legislation. If the Anti-Homosexuality Bill in Uganda is allowed to pass it could act as a catalyst for the introduction of new and more restrictive anti-gay legislation in other countries. Uganda’s proposed legislation could also translate into the sanctioning of anti-gay violence elsewhere and the silencing of LGBT activists in countries with poor human rights records.

Uganda is a country that has been traumatized by violence, witch-hunts and extrajudicial executions. In recent years, the harassment of Uganda’s LGBT community has increased, including the arrests of members of the LGBT community and the closure of radio stations that held debates on homosexuality in Uganda. The proposed bill would likely lead to intensified violence and harassment toward anyone thought to be homosexual.

The proposed bill purports to “nullify” international treaties that guarantee the human rights of LGBT people. The bill will also restrict LGBT individuals from accessing social and health services. In the past, Uganda has received international attention for its reduction of HIV/Aids rates. The bill threatens to undo this by calling for the fining and imprisoning of those who fail to report, within 24 hours, knowledge of anyone violating the law by engaging in homosexuality.

LGBT individuals seeking testing and treatment would, therefore, face persecution and would be unlikely to seek screening or care. As Uganda battles the HIV/Aids epidemic, cutting off a segment of the population from treatment could lead not only to growing rates of HIV infection, but also to an increase in Aids-related deaths.

Western governments and activists globally are calling for the proposed legislation to be withdrawn. In the United States, Congress is calling on President Obama to urge President Yoweri Museveni to stop the passage of the Anti-Homosexuality Bill. Human rights organizations such as Amnesty International have also publicly called on the Ugandan Parliament to withdraw the bill and repeal existing anti-gay legislation.

Uganda has only recently come through a period of tremendous violence and indiscriminate executions. The passage of the Anti-Homosexuality Bill could take the country backward to a time when individuals were singled out for political and social reasons for random arrest and execution.

It is therefore crucial that the bill be withdrawn, and that existing anti-gay laws that have fueled an escalation in violent attacks against and harassment of LGBT people in Uganda be reviewed. Threats to the human rights of some are ultimately threats to the human rights of all. The fundamental and inalienable rights of all Ugandans must be protected.

Msia Kibona Clark is the Uganda country specialist for Amnesty International USA and an assistant professor of Pan African Studies at California State University, Los Angeles.


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Comments 1 to 3 of 3 Post a comment

  • Utaka
    Jan 29 2010, 14:34

    Your article is based on a wrong premise. Being gay is NOT a human right its a CHOICE. Pedophilia is NOT a human right its a choice. If who make wrong choices in any society are accountable for their decisions. If you people from the west are so outraged by human rights violations in Uganda, Where were you when Ugandans were suffering for all these years? Why are you so obsessed with homosexuality? Why don't you show outrage to your Western governments and companies that sell arms that are responsible for killing millions of Africans? Am a Ugandan and am surprised at the amount of furore generated by the bill. Yes, it's a BILL. A private Member's Bill to be exact. To the uninitiated, it means that the views therein are an individual's views and that parliament will first debate it and remove the extreme elements in it before it is passed. Yeah, you heard me right. It will be passed. Africans also have a human right to defend their culture and beleifs

  • Mugabeisahero
    Jan 29 2010, 21:32

    Your right utaka, I don't understand why the west are so insistent on imposing their homosexual beliefs in africa. They even went as far as threatening sanctions on Uganda if the bill passed. But threats or no threats this bill will pass, if it doesn't the sovereingty and beliefs of not only the ugandians but africans as a whole will be in jeopardy.

  • Mtanzania
    Jan 30 2010, 22:39

    There are several groups who through history have been singled out for attack and harassment. The way that is done is to de-humanize those people. Therefore, if we say someone is not a human being, it allows us to justify denying them human rights. There is little debate as to the definition of “human rights”, the term refers to the basic rights of ALL human beings to life, happiness, and freedom from oppression. No one has a right to attack someone based on the color of their skin, their gender, their national origin, their ethnic group, their physical abilities, or their sexuality. The heart of this issue is not homosexuality, the main issue is that everyone’s rights should be protected, period.

    As a Tanzanian we have hosted refugees from all over East Africa, refugees that have been victims of violence simply because someone felt they did not deserve basic human rights. The right to freedom from harassment and violence is not a western privilege, it is something that all of us as part of the human race should have.

    One argument has been that all homosexuals are pedophiles. This is simply not true. Pedophiles, however, do exist in Africa and all over the world. Pedophilia is a problem that we all need to fight against. Our children should not be forced to engage in any sexual activities with anyone. This means fighting pedophiles who are homosexual and heterosexual, including young girls who are forced to marry much older men.