Kampala- Uganda
President Yoweri Kaguta Museveni has agreed to give his assent to the highly contentious Anti-Homosexuality Bill, 2023, subject to certain modifications related to rehabilitation.
The bill, which was approved by lawmakers last month, has faced intense criticism from human rights groups and foreign governments.
However, if enacted, it would impose harsh penalties on anyone found guilty of engaging in homosexual activities, with some offences carrying the death penalty.
This is the second time the president is returning the bill after the first attempt in 2014 was annulled by the country’s constitutional court.
Many activists across the globe have since called the bill a violation of human rights and have urged Museveni to veto it.
In his statement, Museveni acknowledged the need to address what he called “deviant behaviour,” but also stressed the importance of upholding the rule of law and protecting individual rights.
He made these remarks Thursday while speaking to the National Resistance Movement (NRM) Parliamentary caucus at Kololo Independence grounds regarding the bill which was submitted to him for approval.
As approved by Parliament, the bill criminalises individuals who come forward voluntarily and seek assistance with their homosexuality, according to Attorney General Kiryowa Kiwanuka.
However, is worth noting that homosexuality is already illegal in Uganda under a law from the colonial era that criminalises sex acts “against the order of nature,” with a punishment of life imprisonment.
Museveni further suggested incorporating an amnesty provision, whereby individuals who seek help with their homosexuality would not be punished but instead, be given the necessary support. This is intended to encourage others to come out without fear of retribution.
“Uganda has issued an amnesty for people who have carried out criminal activities of treasonous nature against this country,” says Kiwanuka, noting that a similar provision would be provided in this law to ensure that a person who comes out on his own is not criminalised.
Although he supports the bill, he expressed concern about individuals with psychological disorders. He stated that the law does not recognise them unless they act on their homosexuality.
The President has committed to meeting with the Legal Affairs Committee of Parliament, Hon. Asuman Basalirwa (the bill’s sponsor), and other stakeholders next week to complete the finalisation of the bill. “Since we have agreed now, I’m going to return that bill, and you quickly deal with those issues and we sign it,” he says
The international community has been urging Museveni to veto the bill, which would require his signature to become law, with the U.S. warning of potential economic repercussions. Additionally, a group of U.N. experts has called the legislation “an egregious violation of human rights” if enacted.
The bill enjoys significant backing in Uganda, including from church leaders, and was proposed by an opposition lawmaker who sought to punish the “promotion, recruitment, and funding” of LGBTQ activities in the country.
During the voting session, only two out of 389 legislators present opposed the bill. If enacted, the legislation would impose harsh penalties, including the death penalty for “aggravated homosexuality” and life imprisonment for “homosexuality.”
Aggravated homosexuality is defined as instances of sexual relations involving vulnerable individuals, such as minors or those infected with HIV.
The bill proposes prison sentences of up to 20 years for those who advocate or support LGBTQ rights.
Additionally, the legislation suggests that individuals found guilty of “attempted aggravated homosexuality” can face up to 14 years in prison, while the offence of “attempted homosexuality” can result in a maximum sentence of 10 years.
The bill has surfaced amid recent reports of alleged sodomy in boarding schools, including a prestigious boys’ school where a teacher was accused of abusing a student. This has fueled anti-gay sentiment in Uganda.
The Church of England’s decision in February to bless civil marriages of same-sex couples has also been a topic of controversy in Uganda and other African nations, with some viewing homosexuality as an import. It’s worth noting that over 30 countries in Africa currently criminalise homosexuality.
Rehabilitation
According to Auma Hellen Wandera, the Woman Member of Parliament for Busia, rehabilitated homosexuals are capable of changing.
She cited examples of her female colleagues who had previously identified as homosexual but had since changed and were currently leading happy lives, married with families.
David Bahati, the MP for Ndorwa East, stated that both the law he sponsored in 2001 and the current bill criminalise both the acts of homosexuality and their promotion. He suggested that children who were recruited unknowingly should be provided with rehabilitation opportunities to become better citizens.
The Vice President- Jessica Alupo, urged Members of Parliament to support the President’s proposals and make the necessary adjustments to the bill. She emphasised the need to ensure that everyone is content with the final version of the bill before it is passed.
Scientists
Scientists and Medical doctors under the Uganda Medical Association (UMA) said last month that there is no conclusive scientific study conducted in Uganda or elsewhere that has identified a specific gene responsible for homosexuality.
Dr. Herbert Luswata, the UMA General Secretary, explains that they had previously submitted a statement to parliament, clarifying that while many genetic studies have attempted to establish why homosexuality occurs, none have been successful in identifying a specific gene responsible for it.
The scientists and doctors together reason that because no single genetic determinant has been proven to be responsible for sexual orientation in any scientific research, many scientists suggest that a combination of genetic, hormonal, psychological, environmental, and social factors may contribute to one’s sexual orientation.
They also emphasise that in every society, there exists a small number of people with homosexual tendencies. Furthermore, they acknowledge that homosexuality is not a disease, and as medical professionals, they will provide medical care to all individuals regardless of their sexual orientation.
According to Dr. Luswata, environmental factors such as culture, religion, information, and peer pressure can influence sexual behaviour, including homosexuality.
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