The United Nations (UN) has described as “devastating and deeply disturbing” a legislation which criminalises same-sex activities which was passed by the Ugandan Parliament on Tuesday.
The bill proposes the death penalty for the offence of aggravated homosexuality, life imprisonment for the “offence of homosexuality”, up to 14 years for attempted homosexuality, and up to 20 years in jail for promoting homosexuality. It now awaits the President’s signature to become law.
In a statement, UN High Commissioner for Human Rights Volker Türk on Wednesday, said President needn’t sign the “draconian” bill into law on grounds that it violates various human rights.
“The passing of this discriminatory bill – probably among the worst of its kind in the world – is a deeply troubling development,” said the High Commissioner.
“If signed into law by the President, it will render lesbian, gay and bisexual people in Uganda criminals simply for existing, for being who they are. It could provide carte blanche for the systematic violation of nearly all of their human rights and serve to incite people against each other.”
“The bill confuses consensual and non-consensual relations – the former should never be criminalized, whereas the latter require evidence-based measures to end sexual violence in all its forms – including against children, no matter the gender or sexual orientation of the perpetrator. This bill will be a massive distraction from taking the necessary action to end sexual violence,” the High Commissioner said.
The adopted new legislation also exposes journalists, medical workers and human rights defenders to lengthy prison terms simply for doing their work, he added.
“Not only does it conflict with Uganda’s own constitutional provisions stipulating equality and non-discrimination for all – it also runs counter to the country’s international legal obligations on human rights and political commitments on sustainable development, and actively puts people’s rights, health and safety at grave risk.”
The adoption of this legislation comes in the wake of a rise in homophobic rhetoric among politicians, religious leaders, and other sections of Ugandan society, that has further aggravated the safety risks for lesbian, gay, bisexual and transgender people. According to a civil society group, in February 2023 alone in Uganda, more than 110 LGBTQI+ people reported incidents, including arrests, sexual violence, evictions and public stripping.
“Let us be clear: this is not about ‘values’. Promoting violence and discrimination against people for who they are and who they love is wrong and any disingenuous attempts to justify this on the basis of ‘values’ should be called out and condemned,” the High Commissioner said.
During its passing, the Speaker of Parliament, Annet Anita Among, said Parliament acted to protect the sovereignty, future and norms of the people of Uganda.
“This House will not shy to restrict any right to the extent of the House that recognizes, protects and safeguards the sovereignty, morals and culture of this country,” Among said after Parliament unanimously adopted the Bill.
“We recognize that the constitution contains non-derogable rights and in this process, the House has striven to recognize those rights…but the norms and aspirations of the people of Uganda will always remain supreme,” Among emphasized.
The fresh anti-gay law, which previously met a court nullification after it was lawed by President Museveni in 2014, returned to a nearly full 11th parliament on March 21 as 389 lawmakers were present in-person, with about 55 MPs following proceedings on Zoom technology.
In what analysts termed as double-edged remarks, President Museveni March 16 branded gay people as “deviants” but noted that Tuesday’s amendments to the anti-gay law would be subjected to scientific findings.
“Is it by nature or by nurture? We need to answer those questions. We need a medical opinion on that,” he told Parliament in a unique address.
“We took note of his speech in tongues sounding without conclusion,” Leader of Opposition (LOP) Mathias Mpuuga said on Tuesday as he urged government to respect Parliament’s latest anti-gay adoption.
Please inform all gays and the like to produce their own children so us to have sustained gay activities,,, otherwise we shall strip them naked once they pray on our children. I want to see that man mount a fellow man and they get a child out of it.