“Anti-Homosexuality” bill endangers the defence of health and sexual rights

On October 14, 2009, a new “Anti-Homosexuality Bill” was introduced before the Parliament of Uganda for discussions before adoption. This bill introduces provisions criminalising the “promotion of homosexuality” and subjecting NGOs involved in the defence of health and sexual rights and fighting discrimination to the risk of de-registration. It also introduces harsher penalties for acts of homosexuality, which are already criminalised in Uganda[1]. The bill is currently under consideration by the Parliamentary Committee on Presidency and Internal Affairs.

In particular, Article 3 provides that a person committing an "offence of aggravated homosexuality" (i.e. HIV-positive people having sex with same-gender people) shall face death penalty, and that any attempt to commit an act of "aggravated homosexuality" is punishable with life imprisonment. This Bill therefore introduces the death penalty as a punishment for same-gender sex.

The bill further provides the nullity of all international treaties and conventions ratified by Uganda which are contrary to the provisions of the bill, introduces extradition arrangements for Ugandan citizens engaging in 'homosexual acts' abroad, and provides legal penalties for people who fail to report alleged homosexual acts or individuals and institutions that promote homosexuality or same-sex marriage to the authorities.

Over the past years, health and sexual rights defenders have been facing arbitrary arrests and judicial proceedings, as well as acts of ill-treatment whilst in detention, primarily at the hands of the Ugandan police due to homophobic attitudes. After the mobilisation of public opinion, all of the defenders were released and judicial proceedings were stopped[2]. In a landmark decision, on December 22, 2008, the High Court of Uganda declared that Ugandan constitutional rights applied to Lesbian, Gay, Bisexual and Transgender (LGBT) people regardless of their sexual identity or orientation, giving hope that Government and law enforcement agents would recognise the full scope of health and sexual rights, stop discrimination against LGBT minorities and stop the harassment of their defenders[3].

In this context, the Observatory fears that the bill was introduced in an attempt to deprive human rights defenders of their right to promote health and sexual rights and to fight discrimination.

The introduction of the bill has reportedly been accompanied with threats against Ugandan media allowing Ugandan activists to air their views or publish press statements[4].

Criminalisation of the “promotion of homosexuality”

The “Anti-Homosexuality” bill aims to introduce a new provision in the penal code criminalising any form of "promotion of homosexuality". This would set a precedent for State authorities to control rights to freedom of expression, freedom of thought and freedom of association of health and sexual rights defenders. The Bill as currently drafted threatens the freedom of expression of the media, human rights, discrimination and health NGOs, as well as private business and donors operating in Uganda to address issues related to sexual and health rights.

Article 13 indeed provides that corporate body, business, association or human rights organisation which publishes, disseminates, markets or broadcasts “homosexual materials”, “funds or sponsors homosexuality and related activities”, “offers premises and other fixed or moveable assets”, “uses electronic devices which include internet, films, mobile phone”, or “attempts to legitimise or in any way abets homosexuality and related practices” shall face a maximum of seven years' prison term and a fine.

Article 14 also penalises anyone who fails to report an offence under the act, with up to three years imprisonment or a monetary fine.

De-registration of NGOs promoting and defending the rights of homosexuals

This bill also poses a threat to NGO activities, as it provides the de-registration of any "corporate body, business, non-governmental organisation or association" carrying activities set out in Article 13. This is of critical concern as it would enable the censorship of NGOs, which are currently battling with the repressive 2006 NGO Amendment Act that already imposed mandatory registration impediments and restrictions on their activities.

The Observatory recalls that freedoms of association and expression are guaranteed by Articles 5 and 6 of the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998. Accordingly, the Observatory calls upon the Ugandan Parliament to reject the adoption of the “Anti-Homosexuality” Bill, which contradicts a number of international human rights standards, and to ensure in all circumstances that all human rights defenders in the country are able to carry out their work without unjustified hindrances, in conformity with human rights instruments and conventions ratified by Uganda.

For further information, please contact :

• FIDH : Gaël Grilhot / Karine Appy : + 33 1 43 55 25 18
• OMCT : Delphine Reculeau : + 41 22 809 52 42

[1] Article 145a of the Ugandan Penal Code criminalises "carnal knowledge of any person against the order of nature" with imprisonment of 14 years to life imprisonment.

[2] See Observatory Annual Reports 2007 and 2009.

[3] See Observatory Annual Report 2009.

[4] Media censorship on sexual minorities' rights was evidenced by the suspension in August 2009 of Mr. Gaetano Kaggwa, a presenter of Capital FM, by the Uganda Broadcasting Council (UBC) for interviewing a lesbian activist on air. The council alleged a violation of "minimum broadcasting standards" because the sexual-rights activist allegedly used "unacceptable language".