The Parliament of Uganda has passed the Anti-Homosexuality Bill, 2023.
The bill criminalizing anyone who identifies as LGBTQ or engages in same-sex relationships was passed during Tuesday’s plenary.
The Bill was supported by 73% of all legislators. It will become law once the President assents to it.
Under the new law, this is penalized by up to 10 years for adult gay sex and death for aggravated homosexuality with minors.
How it happened:
Hon. Asuman Basalirwa, the representative of Bugiri Municipality, moved a motion for the second and third reading of the Anti-Homosexuality Bill, 2023.
Hon. Robina Rwakoojo presented the majority report on the Anti-Homosexuality Bill.
The Office of the Director of Public Prosecutions (DPP) objected to the Bill on grounds that the proposals contained in the Bill should be introduced in the Penal Code Act rather than a new bill.
They reasoned that the Penal code has been disintegrated leading to the scattering of provisions.
The Committee observed that Homosexuality is a unique offence that needs a specific law to deal with its manifestations and the introduction of the Bill builds on a strong foundation already laid by Government and Parliament in dealing with new and emerging matters of public interest
Hon. Fox Odoi presented the Minority Report on the Anti-Homosexuality Bill.
In his submission, Hon. Odoi noted that the bill is misconceived as per the explanatory memorandum of which indicates that the intention of the Bill is designed to address the gaps in the provisions of other laws m Uganda, for example, the Penal Code Act, Cap, 12
He said that this is not a factual statement since we all know that homosexuality is an offence prescribed in section 145 of the penal Code Act.
“We, the minority surmise that that Bill was introduced under a reasonable but mistaken belief that the Penal Code Act is not sufficient to deal with the matters relating to homosexuality,” he noted.
The bill was introduced during a time when anti-homosexual sentiments have been wrapped up across the country and is not based on any evidence to show that incidents of homosexuality have increased and require additional legislative interventions.
Indeed, according to the Annual Crime Police Reports, incidents of homosexuality have been reducing in Uganda, peaking in 2017 where 12O cases were reported, ln 2018, 10O cases were reported, in 2019, 103 cases were reported, 79 cases were reported in 2O2O, 80 cases were reported in 2021 and 83 in 2022.
This means that the Legislative interventions that are existing in the laws of Uganda are having an effect.
The second point of dissent is that the Bill in its current form creates penal sanctions against a person merely based on appearance, thereby attempting to reverse the decision of the court in Kasho Jacquehne Vs Rolling Stone Limited & another, Msc Cause 163 of 201O.
The minority are aware that clause 2 (1) (d) of the B l proposes to declare as acts of homosexuality a person who holds out as a lesbian, gay, transgender, queer or any other sexual or gender identity that is contrary to the b1nary categories male and female.
This provision has the effect of criminalizing the persons who identify as lesbian, gay, transgender, queer or any other sexual or gender identity that is contrary to the binary categories of male and female without such persons having committed an offence under the laws of Uganda.
What MPs said:
“If you are arguing that homosexuality is universal why are you getting objections from Ugandans? Anything which is universal like the right to eat, nobody will complain about rights that are truly universal,” said Hon. Jonathan Odur.
“Homosexuality is a threat to the human race and what were are discussing is the preservation of the human race. There are consequences but the consequences that are negative shall be temporal,” said Hon. Musa Echweru.
He went on: “Some people think that because we are poor, they will hold us at ransom. I have gone to some hospitals, I have seen children with ripped anuses, I have talked to doctors and I have been informed that they have been molested by homosexuals.”
He added: “For anybody who can stand here and tell us that it is a human right to destroy people’s anuses, that person is evil hell belongs to that person. Those who believe in it let them have it in their countries.”
“Rt. Hon Speaker when I look at you and the honourable ladies in this house, there is no reason for a man to run after a man for sex. There is nothing so sweet and so good for a man more than a woman,” said Hon. Father Charles Onen.
He added: “Homosexuality has no essence but rather a mere romantic and sexual attraction to people of the same sex.”
Voting
The Anti-Homosexuality Bill, 2023 then entered a committee stage.
At this stage, the bill was scrutinized clause by clause allowing the Committee to give its position and justification for each clause.
“Where somebody has got your child into homosexuality even life imprisonment is not adequate. The amendment I am proposing is that such a person should be castrated madam speaker,” said Hon Sarah Opendi.
While guiding MPs before the voting session, Hon. Medard Ssegona said: “As legislators, we need to remain objective and we must remember the two principles of legislation which are legality and proportionality.”
The house then adopted the report with amendments.
Members of Parliament voted overwhelmingly for Anti-Homosexuality Bill. The Bill was thus passed.
Tough penalties
The Bill proposes a death penalty for anyone engaging in aggravated homosexuality and 20 years in jail for anyone engaging in acts of homosexuality.
While considering the Bill, legislators agreed to a penalty of shs1 billion imposed on a legal entity convicted of promoting homosexuality.
The Bill proposes a life sentence in prison for an individual convicted of committing the offence of homosexuality, whereas attempting to perform the act would attract a seven-year prison term.
The Bill provides for a three-year imprisonment for a child convicted of the act of homosexuality which is in line with section 94(1) (g) of the Children Act, Cap 120.
The Bill also provides for penalties to prohibit acts that expose children to acts of homosexuality by imposing a 10-year prison sentence on a person found to recruit a child for the purpose of engaging the child in the act of homosexuality.
The Bill seeks to penalize an owner, occupier or manager of premises who knowingly allows the premises to be used for acts of homosexuality with a 10-year prison sentence upon conviction.
Where a person contracts a marriage with a person of the same sex, presides over a same-sex marriage ceremony or knowingly participates in the preparation of such a marriage is liable on conviction, to a 10-year prison sentence.