Background: Uganda Anti-Homosexual Law

Ugandan President Yoweri Museveni. Source.

Ugandan President Yoweri Museveni. Source.

Ugandan President Yoweri Museveni announced on Friday that he plans to sign into law the Anti Homosexuality Bill. This is not a new bill, having first been introduced in 2009, but it has taken years to pass because of the controversy — largely from outside the country.

The Bill
The Anti Homosexuality Bill was proposed in the Ugandan parliament in 2009. It followed an anti-homosexual workshop in Kampala, the Ugandan capital, led by U.S. evangelical ministers and focusing the “gay agenda,” including the targeting of minors, “recruitment” of gays, and damage to families.

Current Ugandan law allows for imprisonment of up to 14 years for homosexual acts, a holdover from British colonization. When David Bahati first proposed the bill, it included the death penalty for acts of “aggravated homosexuality” and life imprisonment for any other homosexual act. Aggravated homosexuality includes any act involving a minor or one perpetrated by someone who is HIV-positive.

The current version, passed in December 2013, removes the death penalty. The bill covers lesbians for the first time (previous laws only prohibited same-sex relations between men) and criminalizes failing to report someone for being gay or discussing homosexuality without specifically condemning it. A first offense is punishable by 14 years in prison. A second offense, or an “aggravated” offense, is punishable by life in prison.

President’s Signature

Museveni initially refused to sign the bill, saying that it had not been legally passed because parliament failed to have a quorum for the vote, although he still condemned homosexuality and called gays “sick people who need help.” At the time, he said he would need more time to consult experts before signing the bill. His announcement Friday came at a conference of the National Resistance Movement (NRM), Museveni’s political party.

International Reaction

Passage of the bill was delayed after numerous countries threatened to withhold or reduce aid to Uganda if the bill was passed. Uganda is heavily reliant on foreign assistance, but these threats were seen by many in the Ugandan parliament as an effort by the West to interfere in Ugandan national politics.

Following Friday’s announcement, international outcry has renewed, with President Obama warning that passing the bill could complicate relations between the U.S. and Uganda.

However, persecution of homosexuals is not uncommon in Africa, where 38 countries have laws prohibiting. South Africa is the only country in Africa that allows gay marriage, and guarantees equal rights for gays in its constitution.

Consequences
In January 2010, my sister traveled to Uganda on a class trip, producing a mini-documentary on gay rights and the bill. Even before the bill was passed, persecution of gays was increasing in Uganda. Activists fear that signing the bill into law will further threaten the lives of the estimated 500,000 gay Ugandans. Criminalizing the failure to out someone could create a McCarthy-like witch hunt, and be used against enemies regardless of sexual orientation.

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