KAMPALA: Freedom and Roam Uganda (FARUG) with dismay and regret condemns the Anti Homosexuality Act accented to by the president of Uganda on Monday 24th, February 2014. The Act contravenes the fundamental national and international human rights standards and the constitution of Uganda which calls for the protection of the right to privacy, equality and non-discrimination. The law also denies Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons the rights to freedom of association and peaceful assembly.
While assenting the Bill, the President said that the country can’t be forced to do something “fundamentally wrong.”
The (AHB) which was infamously known as the Kill The Gays Bill was first introduced to parliament by Ndorwa west Member of Parliament; Hon. David Bahati in 2009 with the objective of establishing a comprehensive and consolidated legislation to protect the traditional family by prohibiting any forms of sexual relations between persons of the same sex. “The people of Uganda should know that they have been duped for political ambition. The debate surrounding the Act has been a diverse measure to divert attention from real issues of national concern. This bill will never solve Uganda’s real problems like lack of drugs in hospitals, poor education services, bad roads or corruption. The Act will not change how we feel or who we love. It will make life extremely difficult for us but will change nothing” Said Junic Wambya, the Executive Director of Freedom and Roam Uganda.
This law deals a major blow to public health access and information for LGBTI persons in Uganda especially in regards to HIV prevention and care. Criminalizing the funding and sponsoring of health related activities and policies will not only affect homosexuals but Uganda as a whole. “It is very sickening to listen to the head of the State degrading the people he is supposed to protect. He has distorted the medical reports from around the world to justify his hold on to power in quest for votes from locals at the expense of lives of homosexuals. It’s really a pity that now more than ever we have to watch our backs; but maybe this is a blessing
in disguise. I see that it has now made us move faster to the much anticipated decriminalization since now we shall be heading to the constitutional court which will dismantle even the penal code. That’s my consolation from this madness.” Said Kasha Jacqueline; The founder of FARUG.
Legal implications of the Law
All laws should have a commencement date but the Anti Homosexuality Act doesn’t have a designated commencement date. That means it can only be operational after it has been gazetted which could be
anytime from the date of assent. Before that, no person can be charged under this Law. The Law cannot be used to penalize any person who committed the crimes therein before the Bill was
signed into Law. The Bill was amended to take out the death penalty for acts of aggravated homosexuality but life imprisonment for acts of homosexuality and aggravated homosexuality still stands. The law imposes a sentence of seven years for attempted homosexuality, aiding and abetting homosexuality and recruitment of minors into homosexuality. Any organization found promoting homosexuality stands to serve a sentence of 5 years imprisonment or pay a fine of UGX100million or both.
Call to action
In coming days many LGBTI persons will be assaulted, arrested and detained. As of yesterday, 25th February; a gay couple was attacked and one of them killed while the other is in critical condition in hospital. Many have been thrown out of their houses by landlords and yet others will continue to lose their jobs. In the midst of all this we request the general public to desist from radical and irrational acts of violence towards suspected LGBTI persons. We demand that security agencies including the police and prisons endeavor to investigate any cases of violence perpetrated against LGBT persons and refrain from making arrests based on meagre hearsay and or suspicion. Uganda during the Universal Periodic Review in 2012 in Geneva committed to:
- ? Investigate and prosecute intimidation and attacks on LGBTI community members and activists.
- ? Investigate thoroughly and sanction accordingly violence against LGBTI persons including gay rights activist.
- ? Take immediate and concrete steps to stop discrimination and assault against LGBTI persons. Media organizations should also refrain from sensational reporting which is fuelling hatred and attacks on persons suspected to be homosexuals.
We demand that donors channel funds to Civil Society Organizations carrying out, Social, Economic and human rights work rather than to a corrupt institution that has no remorse in not protecting its citizens. It is very unfortunate that we have to make such a call but Uganda should be isolated to prevent this passing of laws with impunity from spreading across the continent. This is very crucial to protect other countries in Africa. Finally we urge the international community to continue supporting the LBTI community, morally, financial and technically in response to security treats and human rights violations. To contribute to FARUG security fund please donate through our PayPal on our website: http://www.faruganda.org/paypal.html .
For more information contact:
Kasha Jacqueline: 0772463161
Jay Abang: 0782628611
For more on the medical report:
Museveni’s speech at signing of Bill
FREEDOM AND ROAM UGANDA [FARUG], IS A MEMBER OF THE COALITION OF AFRICAN LESBIAN