Bahati says there is still a chance for Uganda's antigay bill

On Saturday, David Bahati called up his new best friend Melanie Nathan and told her that the Anti-Homosexuality Bill would be heard before the end of the 8th Parliament in May.

Today I immediately mentioned the confusion surrounding the status of the AHB in this eighth parliament.  I asked Mr. Bahati if it was true that the Bill has been scrapped and he asserted – “absolutely not” and that it is a matter still in the hands of the Parliament and that it can be passed at anytime.
The best update preceding this call can be found on the site of Warren Throckmorton, posted the following series of updates on his Blog Post: In Sum: On March 24, 2011 Throckmorton notes: “This afternoon I have heard from two sources in Uganda that the Anti-Homosexuality Bill (AHB) has been shelved…” Then on March 25th NTV Uganda provided a report noting that the Anti-Homosexuality Bill had yet to be decided, it was not shelved but that the Museveni administration spokesperson indicated that the criminalization of homosexuality in Uganda is sufficiently covered by other legislation.
David Bahati, as prime defender of the AHB spoke in the report that appeared on Throckmorton’s site , clearly noting his dissatisfaction with the idea that the law should remain as is for lack of clarity on certain issues that he believes ought to be specifically dealt with.
Today Mr. Bahati informed me categorically that the AHB has not been shelved and that he still hopes it will be “decided” by the 8th Parliament.  He informed me that the 8th Parliament will continue until the President is sworn in again in MAY 2011 to herald the new 9th Parliament, and that the AHB can be decided upon anytime up until then. He insisted it is still being considered by Committee.

I made several calls to Legal and Parliamentary Affairs Committee Stephen Tashobya, including one this morning. However, he did not answer, nor has he replied to emails. I know he was traveling some last week out of the country, so that may be some of the absence. However, I also wonder if the matter has been buttoned up by the Museveni administration. If so, Bahati may be placing himself at some risk by continuing to promote his bill.
My guess is that the bill is not going to get out of committee. We have yet to see the Marriage and Divorce Bill which is slated to take place before anything else from that committee. It seems highly unlikely that the AHB would be considered before the Marriage and Divorce Bill, given the promises made by the Speaker of the Parliament and Hon. Tashobya – the committee chair.

Uganda govt says Anti-Homosexuality Bill not necessary; fate in Parliament unclear – Updated

UPDATE (3/25):
NTV Uganda has the report described below in my original post last night. The Parliament has not spoken on the Anti-Homosexuality Bill but yesterday the Museveni administration did, saying that the bill’s provisions will be covered in other legislation. Roll the tape:

While this is a positive development, it remains to be seen whether or not Bahati will be able to motivate his fellow MPs to pass the bill over the objections of the Museveni administration.
UPDATE: I just now received an email from a listener to Ugandan radio that David Bahati has been assured by the Legal and Parliamentary Affairs committee chair Stephen Tashobya that the AHB will be debated.
Original post 3/24/11, 8:16pm:
This afternoon I have heard from two sources in Uganda that the Anti-Homosexuality Bill has been shelved. Frank Mugisha, leader in the GLB community in Uganda posted this on his Facebook status:

Anti homosexuality bill should not be discussed, not needed redundant and unnecessary says Ugandan Government.

He followed that up with a message saying that “the bill is shelved…the govt has stopped it.”
I heard from another source that the UG Minister of Information was on NTV Uganda earlier today (evening there) saying that the bill was “unnecessary,” should not be considered and will not be supported by government.
There have been conflicting reports all along and so I hope to get additional information when the light of day visits Uganda. Government pulling out support is a critical issue, but Parliamentary leaders have said in the past that the bill is Parliament’s and will be decided by Parliament. One of the sources I am citing also said Bahati did not sound finished.
Watch this space, I will add news as I get it.
Update (3/25): While the reversal of course of the Museveni administration is a critical blow to the AHB, it seems clear that Bahati disputed the assessment of the government spokeswoman. What is not clear is how willing Bahati and his fellow MPs will be to cross the Museveni administration.
It is also important to add that the govt spokeswoman said that the govt disapproves of homosexuality and did not object to specific aspects of the bill. Rather, she claimed that current law and other proposed bills would handle the same issues.

Uganda committee chair: Fate of Anti-Homosexuality Bill still uncertain

This morning, Stephen Tashobya, the chair of the Legal and Parliamentary Affairs committee of the Ugandan Parliament told me that the prospects for the Anti-Homosexuality Bill are still not certain. He denied saying that public hearings were planned, adding “what we said was we have that bill [the Anti-Homosexuality Bill] together with many other bills before the committee.”

Tashobya added, “When I was asked about that bill, I said yes, it is among the many bills that we have and we shall sit down as a committee and look at all the bills and set out a program. I cannot rule it [the Anti-Homosexuality Bill] but I cannot say at this stage.”

Last night, I posted a link to a UG Pulse article which quoted Tashobya as saying that the Anti-Homosexuality Bill would be one of the bills debated and possibly passed by this short session of Parliament which reconvenes March 22 and ends on May 12. However, this morning Tashobya confirmed his statements to me on March 3 and March 10 that he was not sure that there would be time enough for the anti-gay measure, saying “We won’t finish all the business before the committee by the end of the session.” However, about debate on the anti-gay bill, he said, “I cannot rule it out at this point.”

Tashobya cautioned that his views were conditioned by the need to take into account the views of his entire committee. He did confirm another UG Pulse report about a bill to address the rights of women. He told me that his view as committee chair was that the Domestic Relations Bill was “long overdue” should be considered before the Anti-Homosexuality Bill.

The author of the AHB, David Bahati welcomed the possibility that the AHB would make it to the floor of Parliament. In a statement to me this morning, Bahati wrote:

The urgency to have a measure to protect our children and traditional family and defend the decency of our society from the gathering evil of homosexuality is now. I believe parliament will come up with a law that puts Uganda’s interest first, namely, to prohibit same sex marriage, to stop the recruitment of our children, to stop the promotion of homosexuality and to establish a mechanism for rehabilitation, care and counselling.

In a way, public hearings have been taking place since October, 2009. However, it appears that now a narrow window is still open for stakeholders and other interested people to make their views known.

UPDATE: The Red Pepper demonstrates how much haste Bahati is in to get his bill passed.

NTV has this report in which we finally see Stephen Tashobya. I don’t know what to make of what seems like a contradiction between his statements on camera and his statements to me. This footage was edited and may not have included his full thoughts on the matter. If they can be reconciled, I would say that he plans debate if and when the committee takes up the anti-gay bill, but would not guarantee to me that the bill would get that far. Whatever the reality, these statements from Bahati and Tashobya should alert opponents that the window to have an impact is narrow.

Other posts on AHB timetable:

Uganda: Committee Chair describes Anti-Homosexuality Bill timetable – December 17, 2010

Reporters say anti-gay bill has been shelved – Ugandan politicians disagree – Jan 10, 2011

Committee chair says Uganda’s Anti-Homosexuality Bill may not be considered – March 3, 2011

Uganda’s Parliament back in session March 22. Will Anti-gay bill be debated? – March 10, 2011

UG Pulse: Anti-Homosexuality Bill to be debated when Parliament reconvenes

UPDATE: Please read this update in addition to this post.

…………………….

According to the UG Pulse, the Legal and Parliamentary Affairs committee chair Stephen Tashobya told media today that the Anti-Homosexuality Bill will be the subject of public hearings and debated this session.

This is consistent with most of what Tashobya has told me previously. Only one occasion has Tashobya told me that there might not be time to consider the AHB. Here is the UG Pulse’s report:

The controversial Anti Homosexuality bill is one of several bills that Members of Parliament on the Legal and Parliamentary Affairs committee are set to debate when the House resumes business next week.

The bill, which has caused uproar from human rights activists and donors since it was tabled in Parliament in 2009, seeks to criminalize the act, with one of the controversial clauses calling for death penalty for those who are found guilty of aggravated homosexuality.

Speaking to the media at Parliament today, the committee chairman, Stephen Tashobya said though the bill has created both local and international concern, it is up to Parliament to pass the bill.

Tashobya says the committee will hold public hearings where stakeholders’ views will be heard and a report made to the House for debate and possible passing before Parliament closes the 8th Parliament.

Ndorwa West MP and mover of the bill, David Bahati welcomed the development and said he would continue to lobby Ugandans to support the bill, whose intention is to protect the Ugandan traditional family and children.

Previous posts citing Tashobya:

Uganda: Committee Chair describes Anti-Homosexuality Bill timetable – December 17, 2010

Reporters say anti-gay bill has been shelved – Ugandan politicians disagree – Jan 10, 2011

Committee chair says Uganda’s Anti-Homosexuality Bill may not be considered – March 3, 2011

Uganda’s Parliament back in session March 22. Will Anti-gay bill be debated? – March 10, 2011

Uganda’s Parliament back in session March 22. Will Anti-gay bill be debated?

According to the New Vision:

THE Speaker of Parliament, Edward Kiwanuka Sekandi, has summoned MPs to report to the House on March 22.

Hellen Kaweesa, the public relations manager of Parliament, said the clerk to Parliament had already notified all the MPs to return and handle unfinished business.

Last year, Sekandi sent Parliament on recess to allow MPs get enough time for their campaigns. The Bills to be debated include the parliamentary pensions amendments Bill of 2010, the anti-homosexuality Bill and the retirements benefits authority Bill.

This sitting will be the first since the Constitutional Court kicked out 77 MPs from the House for refusing to vacate their seats before defected to other parties.

The 8th Parliament, whose term expires in two months time, has remained with only 255 MPs.

This is of concern given that The New Vision’s majority ownership is the Ugandan government. I suspect that opponents and proponents of the bill will be jockeying for their agenda over the next several weeks.

I reported recently that Legal and Parliamentary Affairs Committee Chair Stephen Tashobya was unsure if the bill would come up. In light of the New Vision report, I asked him if the bill might now make the agenda. He told me that the Parliament would indeed reconvene on March 22 but that the agenda had not yet been decided. He said, “What I can say is that we have a lot of work to get done and if there is time to get to that bill (the Anti-Homosexuality Bill) then we will look at it, but if there is no time, then we won’t be able to this session.” Tashobya added that the agenda would not be worked out until Parliament reconvenes and that he could not confirm anything at this point.

Perhaps other Uganda watchers could help handicap this situation but it seems to me that the public status is going to remain cloudy through the Spring.