On the 14th of October 2009, David Bahati tabled the Anti-Homosexuality Bill in the Ugandan Parliament. The Bill is currently before the Legal and Parliamentary Affairs Committee.
The objective of the Bill is "to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting:-
(i) any form of sexual relations between persons of the same sex; and
(ii) the promotion or recognition of such sexual relations in public institutions and other places through or with the support of any Government entity in Uganda or any non governmental organization inside or outside the country".Amongst other aims, the Bill seeks to prohibit all marriages except those between man and woman, to prevent and penalize homosexual behavior, including a death penalty for “aggravated homosexuality”, to prohibit ratification of any international treaties, conventions, protocols, agreements and declarations which are contrary or inconsistent with the provisions of this Act, and to prohibit the licensing of organizations which promote homosexuality. Read the Bill !! [the bill is embedded below in this post]
On a critical analysis, the Bill covers much more than the title alone proclaims. A much better title for this Bill would have been the “The Anti Civil Society Bill”, the “Anti Public Health Bill”, or the “Anti-Constitution Bill”.
We, the various member organizations of the Uganda Civil Society Coalition on Human Rights and Constitutional Law see many unconstitutional and Human Rights violating implications of the Bill. As a matter of fact, this Bill represents one of the most serious attacks to date on the 1995 Constitution and on the key human rights protections enshrined in the Constitution including:
- Article 20: Fundamental rights and freedoms are inherent and not granted by the State
- Article 21: Right to Equality and Freedom from discrimination
- Article 22: The Right to Life (the death penalty provisions)
- Article 27: The Right to Privacy
- Article 29: Right to freedom of conscience, expression, movement, religion, assembly and association (this includes freedom of speech, Academic freedom and media freedom)
- Article 30: Right to Education
- Article 32: Affirmative Action in favor of marginalisd groups and
- Article 36 on the Rights of Minorities
09 10 14 Bill No 2018 Anti Homosexuality Bill