The 2009 Anti Homosexuality Bill
Uganda's Penal Code Article 145a 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 penalize 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 organizations 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 organizing 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 marginalized groups may also find their activities tracked and criminalized 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 International Covenant on Civil and Political Rights (ICCPR), 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.
What any Ugandan should know
The government is using it to eliminate homosexuality as they say but it will affect all Ugandan citizen. Even those supporting it today.The bill will not criminalize LGBTQI community but even those who come in contact with them including relatives, friends, service providers and other people.
The bill if passed into law will lend itself to misapplication and abuse and implicitly encourage discrimination and persecution of suspected LGBTQI and their associates by communities, private sector and even service providers like, health,Banking,Public transport, Accommodation facilities,Sports and Education Institutions.
The bill if enacted carries a maximum sentence of death and minimum of seven years imprisonments, however what the public and other stake holders supporting this law, don't know is that, the law is blind to the extent that all people are suspects and are likely to be victimized by this same law they are supporting.
Being Africa, the same law can easily be utilized to silence political opposition and business rivalries by state actors.
Parliamentarians, shouldn't support the approval of such laws because tommorow they might be the victims.