Legalized Homophobia in Uganda

When Scott Lively, American evangelical and self-proclaimed expert on "the Gay Agenda", addressed a group of Ugandan parliamentarians in March 2009, he may not have realized that his remarks would make headlines in North America one year later. Lively, who boasts a Certificate of Human Rights from the International Institute of Human Rights in Strasbourg, spoke at a Family Life Network conference in Uganda. Topics included "The Gay Movement‘s Agenda for Control of Society," "The Gay Movement‘s Blue Print for Transforming a Nation," and "An Effective Response to the Gay Agenda". He also spoke to parliamentarians who were drafting what later became a controversial private member‘s bill. The bill proposes unprecedented criminal sanctions for those participating in and promoting homosexuality.

Homosexuality is already criminalized in Uganda. However, the proposed bill would significantly worsen the situation for homosexuals in the country by radically expanding state-sponsored discrimination and persecution. Most widely reported has been the inclusion of a clause that creates the offense of "aggravated homosexuality" punishable by lifetime imprisonment or death. Government officials have, in the face of international pressure, remarked that the death penalty will not be included in the final version of the bill. Nonetheless, its expected passage will still have devastating effects on the GLBT community and those who support them.

Homosexuals must be caught, more or less, "in the act" to be charged under exist- ing law, but this would change with the proposed legislation. The bill expands the definition of homosexual acts to include touching "...with the intention of committing the act of homosexuality," making it much easier to attain a conviction. Those convicted of the offence of homosexuality would liable to imprisonment for life.

Aggravated homosexuality, punishable by death in the original text, may be charged in instances when the accused is a "serial offender", when the "victim" of the offence has a disability, or when the offender is a person living with HIV. HIV testing for those accused of homosexuality would likely be mandated so as to determine guilt of the aggravated offence. As has been made obvious by the outpouring of international admonishment, the proposed "offence" has affronted and to some extent galvanized activists and leaders across Europe and North America.

One less-publicized but equally alarming aspect of the bill is that it would not only criminalize acts of homosexuals themselves, but also the exercise of fundamental rights such as speech and assembly by those who support the rights of homosexuals in Uganda. As written, the bill makes it an offence to "aid, abet, counsel or procure another to engage in acts of homosexuality." Punishable by imprisonment for seven years, this offence would presumably be interpreted broadly so as to include any "counseling" that is approving of homosexuality. This broad interpretation would effectively criminalize the actions of those involved in the few support networks that do exist for homosexuals in Uganda.

Similarly, the proposed offence of "Promotion of Homosexuality" as outlined in the draft bill would undermine free speech by criminalizing the use of electronic devices for the purpose of promoting homosexuality; the funding or sponsorship of activities related to homosexuality; and the offering of premises or other assets for the purposes of promoting homosexuality. Any organizations advocating for the rights of the GLBT community in Uganda would be de facto criminalized by the inclusion of this offense, and this consequence has clearly been contemplated in the language of the statute. The proposed bill actually stipulates that, when the accused under the offense of Promotion of Homosexuality is a corporate body, business, association, or non-governmental organization, its certificate of registration will be cancelled on conviction, and the director or proprietor shall be liable on conviction to imprisonment.

The bill claims to have extraterritorial jurisdiction over all Ugandan citizens and contains clauses mandating the extradition of gay Ugandans from foreign countries for prosecution in Uganda. Moreover, the bill contains a provision that would void all international treaties, agreements, and human rights obligations with which it conflicts.

Even the liberty and security of persons entirely without affiliation to the GLBT community are jeopardized by the proposed legislation. They may be imprisoned for failure to take positive steps to inform authorities of known homosexual activities. According to the bill, those who are aware of the commission of any of the offences contained in it but who fail to report the offence to the authorities within 24 hours are liable to imprisonment for three years.

Because of this provision, the bill, if passed, would have a chilling effect on homosexuals‘ ability to access health care in the country. Health professionals who, while talking to and examining patients, are made aware of homosexual acts that have taken place, would face criminal sanctions for failing to pass this information on to the proper authorities.

In light of all these far-reaching consequences, it is not surprising that Ugandan HIV/AIDS activists presented a petition against the proposed bill to Speaker Edward Ssekandi. The petition, containing nearly half a million signatures from both inside and outside Uganda, was presented by a group calling themselves "Aids service providers, spiritual mentors and counselors". This daring endeavour places participants at risk, as the petition could foreseeably be used as a black list.

The bill has also sparked protests in London, New York, and Washington. High-level officials from Canada, the United States, the UK and other European countries have been in contact with Uganda‘s president, Yoweri Museveni, to express their displeasure with the proposed bill. Museveni in turn expressed concern that the bill is becoming a "foreign policy issue".

Uganda relies heavily on aid received from the very states whose leaders have voiced their concern. In 2008, the country received over $400 million in aid from the United States alone. Uganda has long been a darling of Western donors, but this bill tarnishes the government‘s reputation which, according to USAID, was once as a state which has "achieved many political, economic and social advances."

With an impending election, Museveni‘s government is in a precarious position, needing to appease both voters and foreign donors. Furthermore, many Ugandans see Mr. Lively‘s brand of "American Christianity" as carrying significant normative weight: a potent reminder that homegrown intolerance can have severe repercussions abroad.