By The Insight Post –Uganda
Kampala- Uganda
The passing of the Anti-Homosexuality Bill, 2023 on 21 March 2023 was a historic moment for Uganda.
The controversial legislation had been debated for months, with proponents arguing that it was necessary to protect the country’s moral values, while opponents claimed it was an infringement of human rights.
On that fateful Tuesday, May 2, 2023, the bill was finally passed by Parliament, with amendments to five of its clauses, following proposals by President Yoweri Museveni.
As the House speaker, Anita Among, presided over the sitting, she commended the commitment of legislators to ensuring the protection of Uganda’s values and culture and urged them to stand firm on their decision. The nation held its breath as the ramifications of the bill’s passing began to sink in.
Among’s message to the Members of Parliament was clear: they must stand their ground and not be swayed by intimidation or bribery.
“The Western World will not come and rule Uganda,” she declared. Despite the possibility of pressure from external forces, she emphasized the importance of holding fast to their convictions.
Additionally, among called on the Attorney General to expedite the presentation of the Bill to the President for assent. This came after the Bill’s initial passing on March 21, 2023, which was later returned by the President.
After receiving feedback from President Museveni, the Committee on Legal and Parliamentary Affairs undertook a thorough review of the Anti-Homosexuality Bill, 2023.
In particular, the President expressed concerns about distinguishing between one’s sexual orientation and the actual commission of homosexual acts emphasising the need for the law to be clear, ensuring that it criminalized actions and not just the state of having a deviant sexual orientation.
Committee Chairperson, Hon. Robinah Rwakoojo, affirmed the validity of the President’s concerns, which had already been expressed in the committee’s report to the House.
As a result, the committee recommended amendments to Clauses 2 and 3 to further clarify the Bill’s purpose and intention, which was to criminalize same-sex sexual acts rather than punishing individuals based on their perceived sexuality or physical appearance.
Hon. Peter Ogwang, the State Minister for Sports, addressed concerns about potential Western intervention in response to Uganda’s passing of the Anti-Homosexuality Bill, 2023.
Ogwang urged MPs not to be intimidated, citing social media reports of aid withdrawal under the Ministry of Health, intended for tackling HIV/AIDS in the country.
He further questioned the motives behind such aid, asking whether it was meant to promote homosexuality in Uganda. He also highlighted studies indicating that homosexuals are more likely to spread AIDS.
Hon. Nsaba Buturo, the representative for Bufumbira East County, echoed Ogwang’s sentiment, calling for a focus on fighting corruption rather than relying on aid from international agencies.
He emphasised the need for the government to tackle corruption, as what Uganda loses through corruption is far more than what it receives from foreign aid.
The Committee on Legal and Parliamentary Affairs recommended the merging of two sub-clauses under Clause 9 of the Anti-Homosexuality Bill, 2023, which deals with owners of premises that may be used to commit homosexual acts.
However, the President expressed concerns about Clause 14, which deals with the duty to report acts of homosexuality. He believed that the clause created constitutional challenges and posed implementation conflicts and unnecessary duties that contradicted society.
The President recommended the deletion of Clause 14, or alternatively, to redraft it in a manner that restricts it to children and other vulnerable members of society as required by Article 17(1)(c) of the Constitution.
The committee, however, noted that Clause 14 was relevant as it imposed a duty on individuals who knew or had a reasonable suspicion that a person had committed or intended to commit homosexual acts to report the matter to the police for appropriate action.
The Committee on Legal and Parliamentary Affairs recommended that Clause 14 of the Anti-Homosexuality Bill, 2023 should remain in the Bill, but with an amendment to Clause 9(3) to impose criminal sanctions on individuals who fail to report homosexual acts committed against vulnerable persons, including children.
The House also passed a proposal by Hon. Jonathan Odur to increase the imprisonment penalty for committing homosexual acts from six months to five years.
However, a proposal by Hon. Fox Odoi to delete the clauses highlighted by the President and reject the entire Bill was rejected by fellow MPs. Odoi, while presenting a minority report on the Bill, expressed the view that the proposals by the President were insufficient to save the Bill.
Hon. Mathias Mpuuga, the Leader of the Opposition, reacted to the Anti-Homosexuality Bill, 2023, which was passed with amendments to five clauses based on suggestions by President Yoweri Museveni. He urged his fellow lawmakers to carefully read and comprehend the Bill to protect Uganda’s culture and values.
During a House sitting, Mpuuga urged MPs to speak to the people and preserve their culture and protect their children. He also alluded to a meeting he attended in the United States where he challenged Africans for struggling to defend the right to sexual orientation, stating that the black race should be focusing on transferring technology to Africa, not homosexuality.
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