The Ugandan Parliament is considering a homophobic law that would reaffirm penalties for homosexuality and criminalize the "promotion of homosexuality."
The Anti-Homosexuality Bill of 2009 targets LGBT (lesbian, gay, bisexual and transgender) Ugandans, their defenders and anyone else who fails to report them to the authorities whether they are inside or outside of Uganda.
The IGLHRC (International Gay and Lesbian Human Rights Commission) and SMUG (Sexual Minorities of Uganda) are calling for the swift dismissal of the bill and human rights protections for all Ugandans, regardless of their sexual orientation or gender identity.
Uganda's Penal Code already criminalizes
'carnal knowledge of any person against the order of nature' - a charge used to prosecute, persecute and blackmail LGBT people with the threat of life imprisonment. The new bill would specifically penalise homosexuality, using life imprisonment to punish anything from sexual stimulation to simply
'touch[ing] another person with the intention of committing the act of homosexuality.' It also punishes
'aggravated homosexuality' - including activity by
'serial offenders' or those who are HIV positive - with the death penalty.
The bill criminalizes
'promotion of homosexuality' in the form of funding and sponsoring LGBT organisations and broadcasting, publishing, or marketing materials on homosexuality and punishes these acts with a steep fine, 5-7 years of imprisonment, or both. Any person in authority who fails to report known violations of the law within 24 hours will also be subject to a significant fine and up to 3 years in prison - even when this means turning in their colleagues, family, or friends. More shocking, the bill claims jurisdiction over Ugandans who violate its provisions while outside of the country.
The bill effectively bans any kind of community or political organising around non-heteronormative sexuality. It will lend itself to misapplication and abuse, and implicitly encourages persecution of LGBT people by private actors.
HIV prevention activities in Uganda, which rely on an ability to talk frankly about sexuality and provide condoms and other safer-sex materials, will be seriously compromised. Women, sex workers, people living with AIDS, and other marginalised groups may also find their activities tracked and criminalised through this bill.
The Anti-Homosexuality Bill of 2009 not only violates multiple protections guaranteed by the Constitution of Uganda, which ensures independence for human rights non-governmental organizations, but contravenes the African Charter on Human and People's Rights, the ICCPR (International Covenant on Civil and Political Rights), and other international human rights treaties to which Uganda is a party. This bill undermines Uganda's commitment to the international human rights regime and threatens the basic human rights of all its citizens.
The International Gay and Lesbian Human Rights Commission (IGLHRC) and Sexual Minorities of Uganda (SMUG) is calling for the swift dismissal of the Anti-Homosexuality Bill of 2009 and the protection of all Ugandans, regardless of their sexual orientation or gender identity.
For more information, including draft letter of complaint and contact details of Ugandan officials view:
www.iglhrc.org/cgi-bin/iowa/article/takeaction/globalactionalerts/989.html