Uganda plans death penalty for homosexuals

By Scott Hart
Oct 30, 2009 - 11:44:10 PM
Male homosexuality in Uganda is already illegal and punishable with life imprisonment under a law put in place in British colonial times. However, currently another bill is being discussed in the Ugandan parliament which increases penalties - for example a death sentence would be imposed if the homosexual is HIV positive.
 
In addition NGOs and organisations which in any way defend the rights of homosexuals will be closed down, as well as any networks they are part of - Uganda women's rights organisations would be put at risk - and people who know of a homosexual but do not report them are liable to up to three years' imprisonment.
 
It has already passed the first reading in Parliament. It should have three, but the second readings may be rushed through. It is vital that urgent action is taken to prevent its passage as it will be much harder to reverse than to contest at this stage.
 
To voice your protest, and bring the issue wider attention, it is recommended that people send a letter to their MP. A suggested draft is included below:

Dear MP,
 
As a member of your constituency I urge you to swiftly condemn proposed legislation in Uganda to expand criminalisation laws against LGBT (lesbian, gay, bisexual and transgender) people, including making HIV positive homosexuals liable for the death penalty.

This is a clear violation of human rights, and will undermine efforts to tackle HIV/AIDS in Uganda. The UK’s Department for International Development provides substantial support on HIV/AIDS in Uganda, and implementation of the DFID programme will also be seriously undermined if the bill goes through. The Foreign and Commonwealth Office of the UK has a ministerial commitment to support decriminalisation of homosexuality, and as such is committed to taking action to  prevent passage of this bill.
 
The proposed “Anti Homosexuality Bill, 2009” will not only violate the human rights of the LGBT community, its provisions will also seriously undermine HIV prevention, treatment and care efforts in Uganda. In Uganda and elsewhere, criminal penalties against the LGBT community hinder HIV control efforts by creating climate of fear and shame, driving sexual minorities underground where they are difficult to reach with HIV-related services.  Countries whose laws do not criminalize homosexuality are better able to curb the transmission of the virus.
 
Uganda’s own HIV/AIDS prevention experts have identified laws targeting sexual minorities as obstacles to effectively addressing AIDS.  A 2009 joint report by the Uganda AIDS Commission and UNAIDS specifically called for a review of legal impediments to the inclusion of most-at-risk-populations - including ‘Men who have sex with men’ - in the national AIDS response.  The proposed “anti-homosexuality” legislation flies in the face of these expert public health recommendations.
 
Other provisions in the bill against ‘promotion of homosexuality’ are vague and could potentially be utilised to harass, fine or imprison individuals or non-governmental organisations providing life-saving HIV prevention education and other HIV-related services to sexual minorities.

Both the United Nations and Members of the African Commission on Human and People’s Rights have condemned laws that imprison LGBT individuals on the basis of their sexuality.  A Ugandan civil society coalition of 22 reputed women’s rights and human rights organisations have condemned the bill as unconstitutional in a press release of October 23.
 
We call on the UK government to set a global example by standing up for the health and human rights of the LGBT community around the world, and for an effective global AIDS response.  We ask that you act swiftly to call for the withdrawal of this and any legislation that threatens the human rights of sexual minorities and the struggle against HIV/AIDS.
 
Sincerely,
 


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