Ugandan coalition speaks out against Anti-Homosexuality Bill 2009

This morning (afternoon there) a coalition of organizations in Uganda released this statement of opposition to the Anti-Homosexuality Bill 2009.

Anti-Homosexuality or Anti-Human Rights Bill?

Statement from the Civil Society Coalition on Human Rights and Constitutional Law

Hon. Bahati’s Anti-Homosexuality Bill which was tabled in Parliament on October 14, 2009, and is currently before the Legal and Parliamentary Affairs Committee of Parliament covers much more than the title alone proclaims. A much better title for this bill would have been the ‘Anti Civil Society Bill, the ‘Anti Public Health Bill,’ or the ‘Anti-Constitution Bill.’ Perhaps more simply it should be called the Anti Human Rights 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 favour of marginalised groups and

• Article 36 on the Rights of Minorities

Let us think for a moment of who—quite apart from the homosexuals it claims as its target—this bill puts at risk:

– any parent who does not denounce their lesbian daughter or gay son to the authorities: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years;

– any teacher who does not report a lesbian or gay pupil to the authorities within 24 hours: Failure to do so s/he will be fined Ush 5,000,000/= or put away for three years in prison;

– any landlord or landlady who happens to give housing to a suspected homosexual risks seven years of imprisonment;

– any Local Council I – V Chairperson or Executive member who does not denounce somebody accused of same-sex attraction or activity risks imprisonment or a heavy fine;

– any medical doctor who seeks to prevent the spread of HIV/AIDS through working with what are known as most at risk populations, risks her or his career;

– all civil society leaders, whether in a Community Based Organisation, NGO, or academic institution; if their organisations seek to have a comprehensive position on sexual and reproductive health, they risk seeing their organisations closed down;

– any human rights activist who seeks to promote an understanding of the indivisibility and inalienability of human rights would be judged to be promoting homosexuals and homosexuality, and be punished accordingly;

– any religious leader who seeks to provide guidance and counselling to people who are unsure of their sexuality, would be regarded as promoting homosexuality and punished accordingly;

– any Member of Parliament or other public figure who is sent a pornographic article, picture or video will become vulnerable to blackmail and witch-hunts;

– any media house that publishes ‘pornographic’ materials risks losing its certificate of registration and the editor will be liable to seven years in jail;

– any internet café operator who fails to prevent a customer from accessing a pornographic website, or a dating site, could be accused of ‘participating in the production, procuring, marketing, broadcasting, disseminating and publishing of pornographic materials for purposes of promoting homosexuality’; their business licence could be revoked and they themselves could land in prison.

– any Person alleged to be a homosexual is at risk of LIFE IMPRISONMENT and, in some circumstances, the DEATH PENALTY.

In short, this bill targets everybody, and involves everybody: it cannot be implemented without making every citizen spy on his or her neighbours. The last time this was done was in the Amin era, where everyone very quickly became an ‘enemy of the state’. It amounts to a direct invasion of our homes, and will promote blackmail, false accusations and outright intimidation of certain members of the population. Do Ugandans really want to mimic the practices of the Khartoum regime? Have we already forgotten the sex police of Apartheid South Africa, who smashed their way into people’s bedrooms in an attempt to prevent inter-racial sex?

As Civil Society organisations we condemn all predatory sexual acts (hetero or homosexual) that violate the rights of vulnerable sections of our society such as minors and people with disabilities. However, the Bill lumps “aggravated homosexuality” together with sexual acts between consenting adults in order to whip up sentiments of fear and hatred aimed at isolating sexual minorities. By so doing, the state fails in its duty to protect all its citizens without discrimination.

The bill also asserts Extra Territorial jurisdiction. In other words, all of the offences covered by the bill can be applied to a Ugandan citizen or permanent resident who allegedly commits them outside the country. Thus homosexuality and/or its ‘promotion’ are added to the very short list of offences which fall in the ‘political offences’ category. It joins treason, misprision of treason, and terrorism as offences subject to extra-territorial jurisdiction. Clearly, this is out of all proportion in relation to the gravity of the act.

On top of these day-to-day considerations about everybody’s safety and security, let us consider what this bill will do for civil society organisations in Uganda which seek to have a critical voice and to engage in issues of global concern. One of the objectives of the bill is to prohibit the licensing of organizations which allegedly ‘promote homosexuality.’ Thus, for example, any organisation which talked about anal sex as part of a campaign of HIV prevention can be affected. Had this bill been in place earlier this year, no Ugandan could have participated in the World AIDS meeting held in Mexico to discuss HIV prevention.

And what about our standing in the eyes of the world? The Bill calls for Uganda to nullify any international treaties, protocols, declarations and conventions which are believed to be ‘contradictory to the spirit and provisions’ of the bill. In reality, this would involve Uganda withdrawing from:

• The Universal Declaration of Human Rights;

• The International Covenant on Civil and Political Rights and its protocols;

• The International Covenant on Economic, Social and Cultural Rights;

• The Convention on the Elimination of all Forms of Discrimination Against Women;

• The Convention on the Rights of the Child, and

• The African Charter on Human and Peoples’ Rights

We note that Uganda is current Chair of the UN Security Council which operates with the UN Charter and UDHR as guiding principles. It is also current Chair of the Commonwealth and a signatory to the African Union’s Constitutive Act which has as its premise the promotion and respect of human rights. In 2009 and 2010 it is hosting AU Summits. What will happen to Uganda’s hard-won role on the global stage if it nullifies its international and regional humanrights commitments? Uganda cannot wish away core human rights principles of dignity, equality and non-discrimination, and all Ugandans will pay a heavy price if this bill is enacted.

We will have bargained away our hard-earned rights and freedoms as well as our right to challenge the State and hold it accountable for the protection of these rights. In sum, the Bahati Bill is profoundly unconstitutional. It is a major stumbling block to the development of a vibrant human rights movement in Uganda, and a serious threat to Uganda’s developing democratic status. If passed, this law would not only prove difficult to implement, it would also consume resources and attention which would be better directed at more pressing issues of human rights abuse, corruption, electoral reform, domestic relations and freedom of the press.

Regardless of our personal moral beliefs and values, we the undersigned organisations are standing up in defence of Democracy, our Constitution and its enshrined principles of human dignity, equality, freedom and justice for all.

Kampala, 23 October 2009

• African Women’s Development Fund (AWDF)

• Akina Mama wa Afrika (AMwA)

• Advocates for Public International Law in Uganda (APILU)

• Center for Land Economy and Rights of Women (CLEAR-Uganda)

• Centre for Women in Governance (CEWIGO)

• Development Network of Indigenous Voluntary Associations (DENIVA)

• East & Horn of Africa Human Rights Defenders Project

• Uganda Association of Women Lawyers (FIDA-U)

• Forum for Women in Democracy (FOWODE)

• Human Rights Awareness & Promotion Forum

• Human Rights & Peace Centre (HURIPEC), Faculty of Law, Makerere University

• Integrity Uganda

• International Refugee Rights Initiative

• Mentoring and Empowerment Programme for Young Women (MEMPROW)

• MIFUMI Project

• National Association of Women’s Organisations in Uganda (NAWOU)

• National Coalition of Women Living with HIV/AIDS (NACWOLA)

• Refugee Law Project (RLP), Faculty of Law, Makerere University

• National Guidance & Empowerment Network of People Living with HIV/AIDS (NGEN+)

• Spectrum Uganda

• Uganda Feminist Forum

• Women’s Organisation & Network for Human Rights Advocacy (WONETHA)

For further information please contact the coalition at [email protected]

Ugandan official blames parents for homosexuality

From yesterday’s New Vision, a Ugandan news source:

Minister blames gay on parents

MUKONO – Ethics and integrity minister James Nsaba Buturo has blamed homosexuality in Uganda on failure by parents and guardians to bring up their children in an upright manner. He made the remarks on Sunday while attending the fundraising ceremony for the expansion of St. Luke Anglican Church at Seeta. Buturo asked parents to join the battle against homosexuality by bringing up their children well.

Minister Buturo has been supporting the crack down on homosexuals from at least the Spring when he promoted the ex-gay conference, involving Don Schmierer, Caleb Brundidge and Scott Lively. I wonder where Buturo heard this concept? Could it have been here or here?

Next month, you can go here to hear similar things.

Ugandan travelogue from Caleb Brundidge and the International Healing Foundation

Back in the Spring, I reported on an ex-gay conference in Kampala, Uganda and hosted by Family Life Network (see links at the end of this post). Three Americans spoke by invitation of the FLN – Don Schmierer, Caleb Brundidge and Scott Lively.

ugandabrundidge

(L to R, unknown woman, Scott Lively, Caleb Brundidge, Don Schmierer, Stephen Langa).

At the time, Schmierer and Lively received much critical attention for their presentations but the role of the International Healing Foundation and Caleb Brundidge went largely under the radar. No one from IHF, including Brundidge commented on the Ugandan trip at the time. However, Brundidge has broken his silence in the most recent IHF newsletter available on Richard Cohen’s website. Given the recent introduction of a bill in Uganda which would impose the death penalty on some offenses involving homosexuality and dramatically suppress free speech and assembly, it is appropriate to examine how IHF portrayed the conference and effects to the organization’s constituents.

brundidge

Note that Cohen bills the trip to Uganda as a mission trip and seems proud of being represented there by Brundidge. As noted here and in footage provided by ExGayWatch, Cohen’s materials have been used by the group which convened after the ex-gay conference. 

According to a report from an unidentified person in the ex-gay conference, Brundidge supported the continued criminalization of homosexuality.When he was asked by someone in the crowd: “Do you feel it is okay to decriminalise homosexuality?” he did not speak against it, instead indicating

That for the law to be effective, one must be caught in the Act. Laws should be done through a value of standards from which legislators draw a given law.

I am not sure what the last sentence means. While this may not be what Brundidge said, he has not replied to requests to describe what he said in Uganda.

However, in the IHF newsletter, he referred to the repressive situation in Uganda.

My trip was extremely busy and event filled. Here is a brief synopsis of what took place: My first engagement was to give a brief two to five minute testimony to the Ugandan Parliament.

Believe it or not, in present-day Uganda, homosexual behavior is either punishable by life in prison or death! Also pornography is illegal. The members of parliament are being pressured by Western and European sources to make pornography and homosexuality legal. Yes, homosexual behavior is incompatible with God’s Word, however, we tried to make them understand that there are definite causes for someone’s same-sex attraction (SSA), and therefore, change and transformation are possible. Our efforts were to help them understand a more compassionate response to anyone who experiences SSA.

While he says now that he advocated for compassion, I cannot find a clear statement that he opposed criminalization. Elsewhere in the article, Brundidge said:

One thing that God showed me while there is that many people are suffering in silence because of their SSA. As I mentioned, homosexual behavior is illegal and punishable by life in prison or even death. They have fear to go. On the other hand, the word is out on the street to the young people: If you want to make good money, pretend to be “gay.”

Reading the entire account, I don’t get the impression that Brundidge or Cohen would support death for homosexuals. However, there is little indication that they comprehend the dire situation there. Brundidge ends his account with a surreal appeal for more money.

I would like to thank those who supported my mission to Uganda. Please know that the work of IHF is being carried into all corners of the world. We so appreciate your contributions to keep hope alive!

On the contrary, the situation now is more dangerous and less conducive to hope than when Brundidge went to Uganda. Instead of appeals for money, I hope that IHF will issue an appeal to their Ugandan hosts to defeat the proposed bill.

Additional links:

Uganda’s strange ex-gay conference

More on the Ugandan ex-gay conference

Ugandan ex-gay conference goes political: Presenter suggests law to force gays into therapy

Reparative therapy takes center stage at Ugandan homosexuality conference

Gay Ugandan man seeks asylum in UK: EU group condemns Ugandan ex-gay conference

Open forum: Report from the Ugandan conference on homosexuality

Christian Post article on the Ugandan ex-gay conference

Scott Lively on criminalization and forced therapy of homosexuality

Christianity, homosexuality and the law

Uganda anti-gay group holds first meeting

Follow the money: Pro-family Charitable Trust

NARTH removes references to Scott Lively from their website

Aftermath of the Ugandan conference on homosexuality

Uganda: The other shoe drops

Ugandan pastor uses Richard Cohen as authority on homosexuality research

Richard Cohen’s book Coming Out Straight was used as a reference to refute scientific research on causes of same-sex attraction in a March 15 workshop led by Stephen Langa of the Family Life Network. Exgaywatch is the only place that has moving pictures from the Uganda meetings. Here is exclusive video of the reference to Cohen:

The Ugandan audience is very badly served by this reference. Cohen’s book was published in 2000 with a 2nd edition in 2007. The 2007 edition is not really an update and does not deal with any new research save for a brief mention of Robert Spitzer’s study of change. Numerous studies have been published since then which are far superior to the three studies Cohen claims to debunk in his book (Levay, Bailey & Pillard & Hamer). The science is miles upstream in 2009 and yet here is a minister of the Gospel misleading his audience with the help of Richard Cohen.

Ugandan ex-gay conference goes political: US presenter suggests law to force gays into therapy

The Ugandan anti-gay seminar now is coming into sharper focus. In this disturbing article from UGPulse, Scott Lively, invited by Family Life Network to speak at a church-based conference on homosexuality, spoke to a government conference and called for the forced therapy of homosexuals.
Here is the article in full:

The Minister of Ethics and Integrity, Dr. James Nsaba Buturo has today told a conference organized to discuss the ways to fight Homosexuality that he will soon submit a bill on pornography and homosexuality for discussion in Parliament.
The conference that took place at Parliament was organized by Defend the Family International, an organization in the United States of America that was formed to fight homosexuality.
Buturo says the he will present the bill against pornography first before presenting that against homosexuality though he declines to mention exactly when these bills will be presented to Parliament.
He says pornography is partly a cause of homosexuality since it negatively affects the morals of the victims of pornography and makes them easily susceptible to the vice of homosexuality.
He says the provision in the penal code on homosexuality is too small to cover all concerns in homosexuality.
Buturo says the government will not only end at making laws against homosexuality but will also engage in sensitizing schools and churches in the fight against this vice.
The President of Defend the Family International, Scott Lively says it is good for the government of Uganda to criminalize homosexuality but the government should subject the criminals of homosexuality to a therapy rather than imprisoning them.
Lively says this is aimed at the criminals recovering from homosexuality which is the main objective of those fighting homosexuality and not to punish homosexuals through imprisonment. He says even schools should borrow this idea of therapy in dealing with gay students.

Exodus International and the International Healing Foundation must now come out clearly and make a statement condemning this proposal. This is a chilling development and one which must be addressed. The presence of these ex-gay organizations in this environment most likely sends a message to the Ugandan people and government that such forced “therapy” is plausible and humane. Cell phones and other modern forms of communication exist. If I were Alan Chambers and Richard Cohen, I would be on the phone yesterday to insist that their representatives make public statements distancing themselves from Mr. Lively’s views. And they should come home early.