By Leonard Kamugisha Akida and Annet Nakanwagi,
PARLIAMENT
Ugandan parliament has on Tuesday (March 21, 2023) unanimously passed the Anti-Gay, Bill 2023 which redifines and criminalizes acts of homosexuality and other related sexual offences.
A total of 389 MPs were present in-person, and about 55 MPs were following proceedings via Zoom, above the 176 lawmakers or quorum needed to pass a bill.
The Bill appeared for a second reading today but the house suspended its rules to have both the second reading and voting to pass conducted on the same
Punitive Punishments
The Bill provides for punitive penalties such as a 10-year-jail term for anyone who engages in same-sex relationships or identifies as LGBTQ, 3yrs to life imprisonment for acts of homosexuality, aggregated homosexuality, attempted homosexuality, aiding and abetting homosexuality and conspiracy to commit homosexuality and related practices. Offenders also face harsher punishments.
During the session, several amendments to the bill were adopted which includes increment of some of the penalities proposed in the original law.
In the amendments, the penalty for the owners of houses used as brothels by homosexuals was amended from 1 year to 10 years, Clause 2 of the bill was also amended to increase from 7 years to 10 imprisonment for conviction for attempted homosexuality.
Also fines for media house found propagating messages promoting homosexuality acts have been increased from 40,000 currency points to 50,000 (app. UgX 500m).
Speaking shortly after the passing of the Bill, Speaker Amongi said parliament will not shy away from restricting any rights that is against Ugandan values.
“This House will not shy to restrict any right to the extent of the House that recognises, protects and safeguards the sovereignty, morals and culture of this country,” she said
“We recognise that the constitution contains non-derogable rights and in this process, the House has striven to recognise those rights…but the norms and aspirations of the people of Uganda will always remain supreme,” Among added.
It should be recalled that the Anti-Gay Bill was previously lawed by President Museveni in 2014, but it was later nullified by the constitutional court after prominent journalist Andrew Mwenda and native lawyer Fox Odoi challenged it’s legislation.
The Bill returned to the 11th Parliament nearly a decade later after the Bugiri municipality MP Asuman Basalirwa tabled the Anti-Gay Bill, 2023 on March 9.
The Bill will now await President Museveni’s consent. However, it’s still unclear if the president will assent to it given his March 16 comments at Kololo independence grounds during an address to parliament inwhich he branded gay people as “deviants” arguing that 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
During Tuesday’s house session, the Leader of the Opposition, Mathias Mpuuga urged government to respect parliament’s adoption.
“We took note of his speech in tongues sounding without conclusion,” LoP said
MPs Comment
The West Budama North MP Fox Odoi, did not agree with the legislation and had shortly after the session led charges against its passing.
“It contains provisions that are unconstitutional, reverses the gains registered in the fight against gender-based violence and criminalizes individuals instead of conduct that contravenes legal provisions,” he said during plenary.
David Bahati, the mover of the popular Anti-Homosexuality Bill, 2014 that was nullified by the constitutional court said he was happy with the legislation appealing to Ugandans to be proud of the 11th parliament.
“If anybody had any doubt how deep this problem is in our country, the presence of Hon. Fox Odoi (the bill opposer) is a confirmation that you can have a member of stand on the floor and say it is okay for a man to marry another man. It is a confirmation that it’s a huge problem and we must resolve it,” state minister for industry, David Bahati said before adding that his Bill received strong opposition and intimidations from foreign powers
Hon. Musa Ecweru on the other hand urged parliament and Ugandans to stand firm against the backlash the bill may cause to the country
“Some people think that because we are poor, we will be held at ransom! The vulnerable people have surrendered as you have heard but it it belongs to them,” Ecweru said
The mover of the bill, Asuman Basalirwa has asked president Museveni to quickly sign the bill into law so that it does not run into other legal hurdles as a delayed signing.
“I therefore call upon my colleagues in Entebbe to take the signing of this bill as a priority, the gesture he exhibited last time should be the same he exhibits this time so that we don’t come back here when the 60 days have elapsed,” Basalirwa appealed
Opposers of the bill were among others Hon. Fox Odoi (NRM) who read the minority report of the legal and parliamentary Affairs committee and cosigned by the Kisoro Municipality MP Paul Kwizera also a member of the NRM.
