- Update info:
- 3 Mar 2014 (Suspended)
- Latest info:
- 30 Jan 2014 (Updated)
- 8 Jan 2014
- Country:
- REPUBLIC OF UGANDA
- Subject:
- Period:
- 3 Apr 2014
- Distribution date:
- 8 Jan 2014
- UA No:
- 346/2013
The Ugandan Parliament has passed a bill which entrenches discrimination and hatred against lesbian, gay, bisexual transgender and intersex people. The Bill is now with the President who can veto the Bill or ask Parliament to reconsider specific provisions.
The Anti-Homosexuality Bill was tabled and passed within minutes by Parliament on 20 December. It was first introduced into Parliament in 2009.
The Ugandan Penal Code already prohibits ‘carnal knowledge against the order of nature’, which is punishable with life imprisonment. However, the Anti-Homosexuality Bill goes much further by including a range of different people who could be targeted for arrest for “aggravated homosexuality” – an offence that now carries a punishment of life imprisonment, replacing a maximum of sentence of the death penalty in a previous draft of the Bill. Those who could be charged with “aggravated homosexuality” include “serial offenders” and anyone who is HIV positive and found to have had sexual relations with a person of the same sex – even when such conduct is consensual and protected. Other disturbing provisions of the draft bill include criminalizing the “promotion” of homosexuality, compelling HIV testing in some circumstances, and imposing life sentences for entering into a same-sex marriage.
On 10 September the government’s Speaker of Parliament launched a human rights checklist to give lawmakers criteria to assess whether new pieces of legislation were at risk of violating key rights and freedoms protected by Uganda's Constitution, including freedom of expression and freedom from discrimination. These rights – as well as many others protected by Uganda’s constitution and international and regional human rights treaties to which Uganda is a party, would be violated if the President assents and the Bill is passed into law.
The President could reject the Bill in its entirety, or ask for Parliament to reconsider specific provisions in the Bill. However, even if the Bill is assented to with amendments by the President, it is likely to have lasting, harmful effects on any Ugandan believed to have breached its far-reaching provisions. It would also significantly hamper the work of human rights defenders and public health professionals.
ADDITIONAL INFORMATION
The Anti-Homosexuality Bill was first introduced in October 2009 and was eventually debated and passed by parliament on 20 December 2013.
Now that the Bill has been passed by Parliament, it has gone to President Museveni who has 30 days to sign or veto it. If signed, it passes into law; if vetoed, it returns to Parliament once again for a vote. If it passes again in Parliament, the President can veto the Bill a second time. If the Bill returns to Parliament a third time and passes with a two-thirds majority vote, it becomes law regardless of whether the President assents to it or not. If the President fails to veto or assent within the 30 days of the Bill being passed by Parliament it will automatically become law.
The passing of the Bill comes amidst shrinking space for the right to freedom of expression and association in Uganda. Many groups have been banned from holding demonstrations and activists with dissenting views on issues including oil governance, corruption and human rights have faced ongoing intimidation, harassment and surveillance.
The Bill would also have severe impacts on the right to the highest attainable standard of health for lesbian, gay, bisexual, transgender and Intersex (LGBTI) people in Uganda; the provisions classing sex while HIV positive could deter people from seeking information about their HIV status, and in some circumstances the provisions on forced HIV testing could also violate this right. More generally, the passage of this Bill - and the climate of hostility towards those who are, or are suspected of being - LGBTI, risks limiting the ability of health professionals to provide services to LGBTI individuals, particularly HIV prevention services for men who have sex with men.
On 10 September this year the government’s Speaker of Parliament launched a human rights checklist to give lawmakers criteria to assess whether new pieces of legislation were at risk of violating key rights and freedoms protected by Uganda's Constitution, including freedom of expression and freedom from discrimination. The passage of the Anti-Homosexuality Bill only three months later suggests Ugandan parliamentarians have completely disregarded this commitment
A significant proportion of the population in Uganda hold deeply entrenched homophobic views and the Bill enjoys popular support within the country. Internationally, the Bill has been condemned. Statements have already been made expressing concern about the Bill including by the governments of Canada, Sweden, France, the UK, and the USA, as well as by the EU. Sweden has gone as far as to say that it will cut funding if it is passed into law and UNAIDS and the WHO have indicated that they will re-think their decision to locate the African AIDS Vaccine Programme in Uganda if the Bill passes. Activists in Uganda have stated that countries cutting aid as a result of the Anti- Homosexuality Bill will be detrimental in their efforts to see the Bill overturned. Amnesty International does not support the withdrawal of aid from Uganda as a result of the passage of this Bill.
Amnesty International and other human rights organizations have documented instances of discrimination, arbitrary arrests, detention, torture and other ill-treatment of LGBTI people in Uganda. These human rights violations have been committed under the pretext of enforcing existing provisions of the Ugandan penal code. LGBTI people have also been excluded from government HIV/AIDS prevention programmes and the provision of other health services. This bill has the potential to further perpetuate and institutionalize such discriminatory practices. In addition, if enacted into law, this bill would send a clear message that people who violently attack people solely on the basis of their actual or perceived sexual orientation or gender identity will not be held accountable for such attacks.
UA: 346/13 Index: AFR 59/004/2013 Issue Date: 20 December 2013
- Update info:
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- Latest info:
- 30 Jan 2014 (Updated)
- 8 Jan 2014
- Country:
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- Period:
- 3 Apr 2014
- Distribution date:
- 30 Jan 2014
- UA No:
- 346/2013
The Anti-Homosexuality Bill has been presented to President Museveni of Uganda, who now has 30 days to respond. If the Bill were to become law, it would be in violation of Uganda’s Constitution as well as international and regional human rights treaties to which Uganda is party.
According to information received by Amnesty International, the Anti-Homosexuality Bill was formally presented to President Museveni on 23 January. He must respond within 30 days – either by signing, vetoing, or returning the Bill to Parliament with suggested amendments. Amnesty International reiterates its call on the President to demonstrate his commitment to freedom of expression and human rights and veto the Bill in its entirety.
The Bill was passed by Parliament on 20 December 2013. During the session, amendments were made to the Bill. A final copy has not yet been released. However, regardless of amendments made, the Bill is likely to have lasting, harmful effects on any Ugandan believed to have breached its far-reaching provisions, which include harsh penalties for anyone engaging in same-sex sexual activity. It would also significantly hamper the work of human rights defenders and public health professionals.
Despite media reports stating otherwise, the President has not yet responded to the Bill. If he fails to respond within 30 days, the Bill will automatically become law.
ADDITIONAL INFORMATION
The Anti-Homosexuality Bill was first introduced to Parliament in October 2009 and was eventually debated and passed by parliament on 20 December 2013. It was presented to the President on 23 January 2014.
Now that the Bill has been passed by Parliament, it has gone to President Museveni who must sign or veto it before 22 February. If signed, it passes into law; if vetoed, it returns to Parliament once again for a vote. If it passes again in Parliament, the President can veto the Bill a second time. If the Bill returns to Parliament a third time and passes with a two-thirds majority vote, it becomes law regardless of whether the President assents to it or not. If the President fails to veto or assent within the 30 days of the Bill being presented to the president it will automatically become law.
The passing of the Bill comes amidst shrinking space for the right to freedom of expression and association in Uganda. Many groups have been banned from holding demonstrations and activists with dissenting views on issues including oil governance, corruption and human rights have faced ongoing intimidation, harassment and surveillance.
The Bill would also have severe impacts on the right to the highest attainable standard of health for lesbian, gay, bisexual, transgender and Intersex (LGBTI) people in Uganda; the provisions in the original draft classing sex while HIV positive as “aggravated homosexuality” could deter people from seeking information about their HIV status, and in some circumstances the provisions on forced HIV testing could also violate this right. More generally, the passage of this Bill - and the climate of hostility towards those who are LGBTI, or are suspected of being LGBTI - risks limiting the ability of health professionals to provide services to LGBTI individuals, particularly HIV prevention services for men who have sex with men.
On 10 September 2013 the government’s Speaker of Parliament launched a human rights checklist to give lawmakers criteria to assess whether new pieces of legislation were at risk of violating key rights and freedoms protected by Uganda's Constitution, including freedom of expression and freedom from discrimination. The passage of the Anti-Homosexuality Bill only three months later suggests Ugandan parliamentarians have disregarded this commitment
The Bill has been condemned internationally. Statements have already been made expressing concern about the Bill including by the governments of Canada, Sweden, France, the UK, and the USA, as well as by the EU. Sweden has gone as far as to say that it will cut funding if it is passed into law and UNAIDS and the WHO have indicated that they will re-think their decision to locate the African AIDS Vaccine Programme in Uganda if the Bill passes. Activists in Uganda have stated that countries cutting aid as a result of the Anti- Homosexuality Bill will be detrimental in their efforts to see the Bill overturned. Amnesty International does not support the withdrawal of aid from Uganda as a result of the passage of this Bill.
Amnesty International and other human rights organizations have documented instances of discrimination, arbitrary arrests, detention, torture and other ill-treatment of LGBTI people in Uganda. These human rights violations have been committed under the pretext of enforcing existing provisions of the Ugandan penal code. LGBTI people have also been excluded from government HIV/AIDS prevention programmes and the provision of other health services. This bill has the potential to further perpetuate and institutionalize such discriminatory practices. In addition, if enacted into law, this bill would send a clear message that people who violently attack people solely on the basis of their actual or perceived sexual orientation or gender identity will not be held accountable for such attacks.
Further information on UA: 346/13 Index: AFR 59/002/2014 Issue Date: 24 January 2014
- Update info:
- 3 Mar 2014 (Suspended)
- Latest info:
- 30 Jan 2014 (Updated)
- 8 Jan 2014
- Country:
- REPUBLIC OF UGANDA
- Subject:
- Period:
- 3 Apr 2014
- Distribution date:
- 3 Mar 2014
- UA No:
- 346/2013
On 24 February Uganda’s President Yoweri Museveni signed the Anti-Homosexuality Bill into law.
President Yoweri Museveni has assented to the Anti Homosexuality Act which entrenches discrimination and hatred against lesbian, gay, bisexual, transgender and intersex (LGBTI) people.
The Anti-Homosexuality Act imposes penalties as high as life imprisonment for people engaging in consensual same-sex sexual activity, and contravenes the rights guaranteed in Uganda’s Constitution and in regional and international human rights mechanisms which Uganda is a party to, including the right to privacy, freedom from discrimination and freedom of expression, assembly and association.
The Act compels HIV testing in certain circumstances where the person is accused of ‘aggravated homosexuality’ – an offence which criminalizes same-sex sexual activity among ‘serial offenders’, people with disabilities and people living with HIV among others.
The Act also criminalizes ‘promotion of homosexuality’, which will have a detrimental impact on healthcare providers and Ugandan and international organizations conducting advocacy on human rights issues.
No further action urging the President to veto the Anti Homosexuality Bill is requested from the UA network.
Amnesty International continues to monitor the situation in Uganda and is consulting with local partners on further campaigning plans.
Many thanks to all who sent appeals.
This is the second update of UA 346/13.
Further information: http://amnesty.org/en/library/info/AFR59/002/2014/en