Uganda’s anti-homosexuality bill sponsor seeks fresh partnerships as aid cuts loom
on Monday (May 29), Uganda made the announcement that President Yoweri Museveni had put into law a bill that threatened advocates of “homosexuality” and made homosexual conduct illegal. At the beginning of May, parliamentarians in Uganda, which lies in East Africa, voted by an overwhelming majority to approve the bill that caused uproar in other parts of the world. The supporters of the legislation rejoiced when it was finally signed into law.
Asuman Basalirwa smiled broadly as he addressed the audience and stated, “I
want to confirm to you that what was a bill is now an act of parliament called
the Anti-homosexuality Act 2023.” The adoption of the anti-gay bill
comes after Uganda’s international allies, including a close ally in the United
States, issued warnings of potential ramifications should the contentious
legislation become law.
The law’s
sponsor, Member of Parliament Asuman Basalirwa, was unaffected by the news. “I
am prepared to advocate for the cause of traveling to the Arab world in order
to look for help from donors. We will go to Saudi Arabia, Kuwait, Qatar, and
the United Arab Emirates, and we will easily be able to make up for the deficit
that will be caused by these measures.“
On October
1st, members of parliament in Uganda announced on Twitter that President Yoweri
Museveni had given his stamp of approval to a revised version of a piece of
legislation that had earlier this month been approved with an overwhelming
majority vote.
If you engage in sexual activity with another person who is of the same gender as you, then you are guilty of the crime of homosexuality. And what really is the consequence? Life in prison without parole. A person is considered to have committed the crime of aggravated homosexuality if they engaged in homosexual acts while under the influence of undue pressure, coercion, or force. And what really is the consequence? The death penalty is the most severe option. According to this statute, permission is not a valid legal defense. For instance, you cannot make the case that X, who is an adult, consented to Y’s behavior. What gives you cause for concern? According to what Asuman Basalirwa remarked, “The law is saying that the fact that you have consented is in and of itself not a defense.”
The members of parliament had sworn that they would not give in to pressure from outside sources about the measure, which they portrayed as interference in an effort to shield Uganda’s traditional culture and values from the immorality of the West. Despite Museveni’s request for parliament to rework the legislation, the majority of the restrictive provisions that had caused a stir in the West remained in place.
In the
version that was changed, it was stated that the act of identifying as gay
would not be a crime, but that “engaging in acts of homosexuality” would
be a crime that may result in a sentence of life in prison. Museveni had
recommended to MPs that they erase a provision declaring “aggravated
homosexuality” a deadly charge; however, parliamentarians rejected
that proposal, which means that repeat offenders could be sentenced to death if
they commit the crime again.
Since a
very long time ago, the practice of the death penalty has been abolished in
Uganda. The United Nations Office for Human Rights, whose commissioner Volker
Turk classified the bill as “among the worst of its kind in the world” in
March, opposed the bill’s passage into law.
However, the measure has received widespread support from the general public in the predominantly Christian nation of Uganda, which has pursued some of the most stringent anti-gay legislation in Africa, where over 30 nations outlaw homosexuality. “As the Parliament of Uganda, we have heeded the concerns of our people and legislated to protect the sanctity of family,” the assembly’s speaker, Anita Among, who was also one of the bill’s most ardent proponents, said in a statement.
According to the new version of the legislation, “a person who is
believed, alleged, or suspected of being a homosexual but who has not committed
a sexual act with another person of the same sex does not commit the offense of
homosexuality,” which means that a person is not guilty of
homosexuality if they have not engaged in sexual activity with another person
of the same sex. In a previous version, Ugandans were also forced to disclose
any suspected homosexual conduct to the police under penalty of serving a
sentence of six months in prison.
Legislators came to an agreement to change that clause so that instead, the reporting obligation applied exclusively to alleged sexual offenses committed against minors and other vulnerable individuals, and the maximum sentence was increased to five years in prison for the offender. A part of the original draft that calls for up to 20 years in prison for anyone who “knowingly promotes homosexuality” also calls for a 10-year ban on organizations that are found guilty of supporting same-sex conduct.
After years of Museveni’s administration, civic space in Uganda has been
steadily shrinking, which has resulted in a subdued reaction from the country’s
civil society. In April, the European Parliament held a vote to reject the
measure, and it also requested that the member states of the EU put pressure on
President Museveni to stop him from enacting the bill while also issuing a
warning that relations with Kampala were at risk.
The White
House issued a warning to the government about potential adverse effects on the
economy in the event that the legislation was implemented. In response to an
anti-gay bill that President Museveni signed into law in 2014 but which the
Supreme Court later overturned, Western nations suspended their aid to Uganda.
Diplomats have warned that similar measures are being explored right now.
The Member
of Parliament who sponsored the bill stated that aid reductions were to be
anticipated and that, among others, the speaker of the house had already been
informed that her visa to enter the United States had been cancelled.
“Our
colleagues in the Western world have signaled their threats and actually
carried them out—visas have been revoked.” While we are having this conversation,
the visas for the speaker to enter the United States were canceled the other
day. This has also proven to be the case. Asuman Basalirwa added, “Dear
Madam Speaker, the United States government has revoked your current
visas.” The notification came in the form of an email from the US
Embassy.
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