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The Anti-Homosexuality Bill proposes the death penalty

Uganda "kill gays" law must be fought

Peter Tatchell

Sunday, 24 January 2010

The Anti-Homosexuality Bill, is currently before the Ugandan Parliament and proposes the death penalty for certain consenting homosexual acts. Sponsored by the Ugandan MP, David Bahati, the Bill is expected to be debated and voted on in the coming weeks. Although there have been reports that death penalty clauses will be dropped, to date the Bill has not been amended, watered down or scrapped. All the original provisions, including the death penalty, remain.

The Anti-Homosexuality Bill proposes the death penalty for two classes of same-sex acts. First, for 'aggravated' homosexuality, which is defined as gay sex with under 18s or disabled persons and gay sex by a person in authority or by a person with HIV, even if they use a condom. Second, for 'serial' homosexual acts, meaning for persons who have repeated same-sex relations ie. more than once or twice.

The Bill extends the existing penalty of life imprisonment for same- sex intercourse to all other same-sex behaviour, including the mere touching of another person with the intent to have homosexual relations. Life imprisonment is also the penalty for contracting a same-sex marriage.

Promoting homosexuality and aiding and abetting others to commit homosexual acts will be punishable by five to seven years jail. These new crimes are likely to include membership and funding of LGBT organisations, advocacy of LGBT human rights, supportive counselling of LGBT persons and the provision of condoms or safer sex advice to LGBT people. A person in authority - gay or heterosexual - who fails to report violators to the police within 24 hours will be sentenced to three years behind bars.

Astonishingly, the new legislation has an extra-territorial jurisdiction. It will also apply to Ugandan citizens or foreign residents of Uganda who commit these 'crimes' while abroad, in countries where such behaviour is not a criminal offence. Violators overseas will be subjected to extradition, trial and punishment in Uganda. This bill is even more draconian than the extreme homophobic laws of countries like Saudi Arabia and Iran. It is part of a wide attack on civil society and is symptomatic of Uganda's drift to Mugabe-style authoritarianism.

The current anti-homosexual laws were originally imposed on Uganda by the British colonial administration in the nineteenth century, during the period of imperial subjugation. They are not authentic Ugandan or African laws. The consequences of this already existing legislation can include long terms of imprisonment for homosexual relations between consenting adults in private.

Criminalisation also often results in the failure of police to protect the lesbian, gay, bisexual and transgender (LGBT) victims of mob violence. It gives a green light to blackmailers and to the police harassment of LGBT people, including the framing of LGBT Ugandans on false charges.

The outing of LGBT people by the Kampala tabloid newspaper, Red Pepper, has resulted in some victims losing their jobs and homes. Others have been disowned by their families and forced to go into hiding. The Anti-Homosexuality Bill is just the latest of many attacks on the LGBT community of Uganda.

In recent years, the Ugandan government of President Yoweri Museveni has passed a law banning same-sex civil marriage, fined Radio Simba for broadcasting a discussion of LGBT issues, and expelled a UN AIDS agency director for meeting with LGBT campaigners. Some years ago, a heterosexual Anglican bishop of the West Buganda diocese of Uganda, Christopher Senyonjo, was denied the right to preach and denied his pension by the Church of Uganda after he defended the human rights of LGBT people.

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