Tag: David bahati

Uganda's Monitor provides post mortem on 8th Parliament

Uganda’s Daily Monitor provides some insight into the end of the Eighth Parliament and the unfinished business they left behind. According to this article, over 20 bills were not completed.
On the Anti-Homosexuality Bill, the Monitor reports:

The eighth Parliament officially closed business on Friday, leaving behind a number of high-profile Bills that had been expected to pass – among them the controversial Anti-Homosexuality Bill.

The Bill has garnered widespread international condemnation, notably criticised by Western leaders and human rights activists who have called it ‘inhuman’.
A private initiative of Ndorwa West MP David Bahati, its original form introduced the death penalty for “serial offenders” or HIV-positive people engaging in same-sex acts, as well as imprisonment for those who do not report those suspected of being gay, among others.
Adhering to international pressure, President Museveni set up a commission to investigate the implications of passing the Bill and recommended that it be withdrawn.
But Parliament being independent of government, the Bill was retained. It has since been amended to have the death penalty removed.  As soon as the Bill was listed on the parliamentary order paper, pressure in the House was high as activists filled the gallery in anticipation.

But in the end, it was not debated – along with 21 others, including the HIV/AIDS Prevention & Control Bill, 2010 the Regional Governments Bill, 2009 and the long-awaited Marriage and Divorce Bill.

If the report from the Legal and Parliamentary Afffairs committee that I have is the final and official report, then it is not accurate to say that the death penalty was removed.
The article does give some insight into why the women MPs walked out of Parliament on Wednesday, leading to the loss of the quorum. This action may have kept the Anti-Homosexuality Bill from getting a vote.

Jane Alisemera, chairperson of the Uganda Women Parliamentary Association, accused Attorney General Khiddu Makubuya of “killing” the Marriage and Divorce Bill, which she says has been on the backburner for 45 years.
“During our interactions with him, he said he had no problem with the document,” Alisemera said. “When Speaker Ssekandi suggested that it be debated on Wednesday, he said he was not ready for it.”

Mr Makubuya informed Parliament last week that the Marriage and Divorce Bill would not be tabled in Parliament as government was still consulting on the matter, prompting women legislators to storm out of the House. If the Marriage and Divorce Bill is passed and becomes law, it would abolish forced marriage and allow women to divorce their husbands on the basis of cruelty, among others.

Uganda's Anti-Homosexuality Bill: Is the death penalty off the table or not?

Earlier today, I received a report from a source in Uganda which appears to be the report from the Legal and Parliamentary Affairs committee on the AHB. I did not write about it because I could not confirm that the report was indeed a final report from that committee. Given the time in Kampala, I won’t be able to confirm it until tomorrow. However, if the report is the committee’s final report then the death penalty may not be off the table. Let me add that the report looks like other committee reports I have seen and matches up with what I have heard it contains with the exception of the claims about the death penalty.
For now, I am going to focus on section three of the report which is where the death penalty can be found. Here is section 3 from the bill:

3. Aggravated homosexuality.
(1) A person commits the offense of aggravated homosexuality where the
(a) person against whom the offence is committed is below the age of 18 years;
(b) offender is a person living with HIV;
(c) offender is a parent or guardian of the person against whom the offence is committed;
(d) offender is a person in authority over the person against whom the offence is committed;
(e) victim of the offence is a person with disability;
(f) offender is a serial offender, or
(g) offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to stupefy overpower him or her so as to there by enable any person to have unlawful carnal connection with any person of the same sex,
(2) A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer death.
(3) Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status.

Note especially #2 above and then read the recommendation for section three in the committee report:

1.   Clause 3 (2) is amended by substituting for the words “…suffer death’’ with words “…the penalty provided for aggravated defilement under Section 129 of the Penal Code Act”.

The justification for this change is given as follows:

Justification
To harmonise the provision with the penalty under the Penal Code Act

Now at issue is “the penalty provided for aggravated defilement under Section 129 of the Penal Code Act.” What is it? Here is Section 129 of the Penal Code Act. Read this and find the penalty:

Defilement of persons under eighteen years of age
129. (1) Any person who performs a sexual act with another person who is below the age of eighteen years, commits a felony known as defilement and is on conviction liable to life imprisonment.
(2) Any person who attempts to perform a sexual act with another person who is below the age of eighteen years commits an offence and is on conviction, liable to imprisonment not exceeding eighteen years.
(3) Any person who attempts to perform a sexual act with another person who is below the age of eighteen years in any of the circumstances specified in subsection (4) commits a felony called aggravated defilement and is, on conviction by the High Court, liable to suffer death.
(4) The circumstances referred to in subsection (3) are as follows—
(a) where the person against whom the offence is committed is below the age of fourteen years;
(b) where the offender to his or her knowledge, is infected with Human Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome(AIDS);
(c) where the offender is a parent or guardian of or a person in authority over, the person against whom the offence is committed; or
(d) where the offender is a serial offender.
(5) Any person who attempts to perform a sexual act with another person below the age of eighteen years in any of the circumstances specified in subsection (4), commits an offence and is liable on conviction, to imprisonment for life.
(6) In this section unless the context otherwise requires—
“serial offender” means a person who has a previous conviction for the offence of defilement or aggravated defilement;
“sexual act” means penetration of the vagina, mouth, or anus, however slight, of any person by a sexual organ or the use of any object or organ by a person on another person’s sexual organ
“sexual organ” includes a vagina or penis.

Note that the penalty for “aggravated defilement” (underlined in bold above) is death. Now note that the AHB only refers to the penalty for aggravated defilement and not any of the offenses. The recommendation does not seem to be a substitution of defilement laws (which by the way covers both boys and girls), but rather is simply another way of wording the death penalty.
Those who are saying the death penalty has been removed have some explaining to do. No one should accept those claims after reviewing this report.

Possible amendments to Uganda's Anti-Homosexuality Bill

UPDATE: (4pm) – Apparently, President Museveni cannot directly veto the AHB. I confirmed this with two sources today and read through their Rules of Procedure and Constitution. He can send it back or refuse to assent to it (although it would be the first time he has ever done so) but he cannot directly stop it. If he refuses to assent to it, Parliament can either turn around and pass it or they can wait 30 days for it to become law. It can either pass or fail tomorrow. If it comes up and fails then it is done in present form. If it doesn’t come up tomorrow, then a MP can make a motion to continue all business forward. In addition, I heard today, but cannot confirm that if no motion is passed to continue all business, then the new incoming Speaker could direct the committees to pick up where they left off with unfinished bills from the last Parliament. We apparently could be monitoring this particular AHB until at least May 19.
………………….
This morning I listened in while Ugandan MP David Bahati was speaking with NPR’s Tell Me More program (live at 11am; if not in your area, click the link to listen to the broadcast at noon) and he described some of the suggested changes to the Anti-Homosexuality Bill.
Bahati said they are now focusing on recruitment, promotion and providing care for the victims of homosexuality. Thus, the Legal and Parliamentary Affairs committee will suggest removing the death penalty and the sections regarding “attempted homosexuality” (e.g., touching) and the 24-hour reporting requirement (if you know someone who is gay, you must report to police or face jail/fines).
However, penalties will remain, although these were not disclosed. And it is important to remember that the bill has not been changed as yet. If the bill comes up tomorrow, the committee will make recommendations, and the MPs will discuss them. One will not know what is in the final version until it is read a third time. On the NPR program, Bahati emphasized that the proposals about “promotion” remain. “Promotion of homosexuality,” section 13, of the AHB reads:

13. Promotion of homosexuality.
(1) A person who –
(a) participates in production. procuring, marketing, broadcasting, disseminating, publishing pornographic materials for purposes of promoting homosexuality;
(b) funds or sponsors homosexuality or other related activities;
(c) offers premises and other related fixed or movable assets for purposes of homosexuality or promoting homosexuality;
(d) uses electronic devices which include internet, films, mobile phones for purposes of homosexuality or promoting homosexuality and;
(e) who acts as an accomplice or attempts to promote or in any way abets homosexuality and related practices; commits an offence and is liable on conviction to a line of live thousand currency points or imprisonment of a minimum of five years and a maximum of seven years or both fine and imprisonment.
(2) Where the offender is a corporate body or a business or an association or a non-governmental organization, on conviction its certificate of registration shall be cancelled and the director or proprietor or promoter shall be liable on conviction to imprisonment for seven years.

Please note the restrictions on free speech and assembly. Just using a cell phone to meet a date could get you in trouble.
There are no changes that could make this bill acceptable, but the perception of the Uganda supporters is that they have listened to the world and offered a reasonable response. Given this headline in the LA Times yesterday, I am concerned that media will focus on what is altered and not on what remains and what is the intent of the bill.
I was asked on the show what comes next if the bill passes tomorrow. It seems to me that the focus will turn to the President. One day after his inauguration, he will have to decide whether to send the bill back or not. Armchair Uganda watchers out there, what will he do?

NPR's Tell Me More discusses Uganda's Anti-Homosexuality Bill

David Bahati will be on at the top of the show, Tell Me More. I will be on sometime after that to discuss the recent happenings in Uganda regarding the AHB.
To listen, go to the website (or here to listen live) and find where it airs in your neck of the woods. It will be archived later today as well.
There is also an interesting article out this morning at the Daily Beast  quoting yours truly.

Spokeswoman: Uganda's anti-gay bill could be continued to next parliament; Parliament will reconvene Friday

UPDATE: (5:40pm ET) – There are quite a few stories being narrated surrounding today’s session in the Ugandan parliament. The AP describes a walkout by female MPs over the Marriage and Divorce bill which left the plenary session without a quorum. If not for that action, the Anti-Homosexuality Bill might have been debated and passed.
I am getting reports that I cannot confirm about deals being made to get the bill to the floor and others to keep it from the floor. Such is politics and I suspect there will be more angling before Friday.
As of now, the Parliament plans a 10am session start time (instead of the usual 2pm start) to run through the day until the remaining bills are discussed.  According to two parliamentary spokeswomen, members could still vote to continue business to the next Parliament, if the bills are not considered on Friday.
Clearly, the international response has been noticed in Kampala. Governments, including our own, are promising varying responses if the bill passes as is. Less clear is what happens if the bill passes with amendments which remove the death penalty, and do not criminalize attempted homosexuality. Earlier today, David Bahati declined to tell me any additional possible changes, saying the report is embargoed until is it placed on the table in Parliament. I am pretty sure that any bill will be unacceptable to European and US interests, but it is unclear to me how far the Ugandan government will go to try to craft what they would consider to be a compromise.
UPDATE: (12:10pm ET) – Helen Kawesa just told me that Parliament has adjourned but will reconvene on Friday to consider the remaining bills on the agenda. They will begin in the morning and work until all of the bills are considered. The intent is to address all bills. The AHB is the last one and is the most vulnerable but with an all day session, it is possible for it to get a third reading. According to Kawesa, Friday is absolutely the last day however as the new Parliament is sworn in on Monday.
According to bill author, David Bahati, the Parliament will meet at 10am and address the remaining four bills on the current order paper. He declined to predict the response of the Parliament but felt sure that the bill would get a debate and discussion.
UPDATE: As Jim Burroway pointed out in the comments section, there is a revised order paper up on the Uganda Parliament website. The Anti-Homosexuality Bill is on it. I am attempting to clarify the situation with the Parliament.
In talking with a spokeswoman at Parliament, she confirmed that the Parliament could continue bills until the 9th Parliament if the members agreed to forward all bills. The AHB could not be singled out.
………….
Uganda’s Anti-Homosexual Bill is not on today’s parliamentary agenda. This morning parliamentary spokeswoman, Ranny Ismail, told me that the Anti-Homosexuality Bill is still in committee. The report on the bill is indeed complete but in their procedure, the bill is still considered in committee and is not on the agenda for business today. She added that no more business would be done in this Parliament.
However, when asked if the anti-gay measure was finished, she said that Parliament could carry forward all unfinished business in all committees if a member makes a motion to do so and the motion passes. She said this has happened before. Because she was unsure about the fate of such a motion, she said she would not know the final outcome  until about 7pm in Kampala (noon est).
This is the first time I have heard that such a maneuver could be attempted. In all prior interviews with anyone connected with the bill, including David Bahati and Stephen Tashobya, the message has been that the bill must be completed by the end of this Parliament in order to avoid starting from scratch in the next one. Ms. Ismail said if a continuing motion is adopted then all work on all bills not completed in this Parliament will continue in the next. If a motion to continue the business is not passed, then she said Bahati would have to start from the beginning and obtain leave from Parliament to introduce another private member’s bill. Given the backlog of bills on today’s order paper, I suspect the Anti-Homosexuality Bill is not the only bill which would be continued.
There are many questions which become clearer at the end of today’s session. However, other issues will take longer to clarify. No doubt opponents of the bill will have mixed feelings about this development. Today and for a time, the bill will be halted. However, if the motion to continue passes, then the matter will persist indefinitely.
I will update this post as I get information.
See posts from Monday and Tuesday for more background.
Last night Rachel Maddow had a segment on the AHB.  A little way into the clip, she features this blog prominently…watch for it.

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Watch again tonight at 9pm. I believe she will have a recap of the day’s events.

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