Analysis of Proposed Anti-Gay Bill in Uganda

Given the various views that have accompanied the release of the ‘Bahati Bill’ on homosexuality, it is necessary to soberly assess what the Bill is really about. It is questionable how many of those that support the Bill have actually examined it beyond the words “anti-homosexuality.” In many respects we are like wood cutters standing at the edge of the woods, only seeing individual trees and not the forest (the bigger picture). But even those of us that vehemently oppose homosexuality should be asking ourselves a number of questions: Why bring a new law when homosexuality is already criminalised under existing ones? How will the Bill affect me personally? The fact is that out of the 18 clauses that make up this Bill, only six introduce new legal provisions, two of which are minor. The other 12 simply repeat what already exists on the law books. Most significant is the fact that the provisions of the other four substantive new clauses blatantly violate Uganda’s Constitution and many other regional and international instruments. And for those who think that the Bill is only directed against ‘the homosexuals,’ they should look again. Homosexuality is already an offence under the Penal Code of Uganda as is same-sex marriage, which is prohibited by the Constitution. The Bill expands the meaning of the Penal Code offence of having “carnal knowledge against the order of nature” and defines the term “homosexuality” in such a broad fashion as to include “touching another person with the intention of committing the act of homosexuality.” This is a provision highly prone to abuse and puts all citizens at great risk. Such a provision would make it very easy for a person to bring false accusations against their enemies simply to “destroy” their reputations. Just ask Pastor Kayanja! Full Story from the Daily Monitor: http://www.monitor.co.ug/artman/publish/opinions/Why_anti-gay_Bill_should_worry_us_93987.shtml

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