Proposed genocidal law targeting GLB persons in Uganda

Proposed legislation

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"GLB" is an acronym referring to gays, lesbians, and bisexuals. More commonly, the letter "T" is added to
refer to transgender persons and transsexuals. Sometimes "I" is added to refer to intersexual persons.

2009: Proposed legislation in Uganda:

During 2009, various Ugandan religious organizations with the support of U.S. reparative therapy groups advocated a crackdown on GLBT persons. David Bahati, Member of Parliament for Ndorwa County in West Kabale, introduced a bill that would criminalize various behaviors -- some with the ultimate punishment of execution.

In slightly simplified language, the bill defines:

	"Bisexual means a person who is sexually attracted to both males and females." This is a commonly accepted definition.
	"Homosexual means a person who engages or attempts to engage in same gender sexual activity." Here, they are defining homosexuality by behavior -- which is common among religious and social conservatives -- rather than by sexual feelings of attraction -- which is common among LGBT persons, religious liberals, therapists, etc. By their definition, a bisexual can also be a homosexual.
	"The offence of homosexuality" may involve a behavior as minor as simply touching another person with the intention of committing a homosexual act. Upon conviction, they could be sentenced to life imprisonment if the bill is passed.
	"Aggravated homosexuality" includes same-sex act where the other person is under 18 years of age, or the offender is HIV positive, or the offender is a parent or guardian of the other person, or the offender is in a position of authority over the other person, or the other person has a disability. What type and degree of disability, whether it may be mental or physical or both, is not defined. No allowance or exemption is included for cases where safer-sex practices are followed. If convicted, the offender may be sentenced to be executed.
	"Aggravated homosexuality" also includes a same-sex act where the offender has had previous convictions of homosexuality or related offences, or where the offender uses drugs to influence the other person. If convicted the offender may be sentenced to be executed.
	"Attempted offence of homosexuality" may receive a sentence of seven years imprisonment.
	"Attempted offence of aggravated homosexuality" may receive a sentence of life imprisonment.
	"Aiding and abetting homosexuality" involves "aiding, abetting, counseling, or procuring" of another person to engage in homosexual acts. Upon conviction they can be imprisoned for up to seven years. So, for example, a human sexuality educator who tries to explain safer-sex procedures to a GLBT mutual support group might be sentenced to a seven year prison term.
	Any adult who is convicted of sexual behavior with a person of the same sex who is under the age of 18 would be executed.
	Any adult who is convicted of same-sex sexual behavior who is HIV-positive would be executed.
	Anyone who is convicted of engaging in the "promotion of homosexuality" including publishing information, providing funds or facilities for meetings or other activities, etc. would be given a jail sentence of up to seven years.
	Any person convicted of being aware that an individual is a sexually active gay or lesbian and who doesn't report this to the authorities would be sentenced up to three years in jail.
	Ugandans could be prosecuted if they engage in same-sex sexual behavior out of the country.

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

1. "Uganda: 'Anti-Homosexuality' Bill Threatens Liberties and Human Rights Defenders," Human Rights Watch, 2009-OCT-15, at: http://www.hrw.org/
2. Evelyn Lirri, "Homosexuality bill rejected," AllAfrica.com, 2009-OCT-21, at: http://allafrica.com/
3. "BBC Slammed For Debating Ugandan Bill To Kill Gays," Huffington Post, 2009-DEC-16, at: http://www.huffingtonpost.com/
4. Jack Malvern, "BBC condemned for hosting web debate on execution for gays in Uganda," Times Online, London (UK), 2009-DEC-17, at: http://business.timesonline.co.uk/
   

Copyright © 2009 by the Ontario Consultants on Religious Tolerance
Originally written: 2009-NOV-18
Latest update and review: 2009-NOV-23
Compiler: B.A. Robinson

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