By Zach Zarnow
Protest in New York City against Uganda's Anti-Homosexuality Bill
The United Nations is pressuring Uganda to abandon proposed anti-homosexual legislation. The Anti-Homosexuality Bill of 2009 is sponsored by David Bahati, a member of the Ugandan Parliament from the ruling National Resistance Movement. Homosexuality is already a crime in Uganda, but the bill would impose even more severe punishments for homosexual acts and would create a broad range of offenses related to “aiding or abetting” homosexuals. The bill prescribes the death penalty for “serial offenders,” HIV-positive “offenders,” or those engaging in homosexual activity with a minor or disabled person. Engaging in homosexual acts would be punishable by life in prison. The bill also bans the “promotion of homosexuality” and creates prison sentences of three to seven years for helping, counseling, or encouraging a person to engage in a homosexual act.
In response to this proposed legislation, the UN has been outspoken in its criticism and instrumental in rallying the international human rights community. The High Commissioner for Human Rights, Navi Pillay, has warned Uganda that passage of the bill would violate its obligations under international human rights law. She called the law “draconian” and “blatantly discriminatory” and reminded Uganda’s leaders that since “Uganda is a party to the core human rights treaties…[t]his bill threatens to seriously damage the country’s reputation in the international arena.” According to Pillay, the “only responsible course of action” is for the Ugandan government to prevent the bill from becoming law. The UN has made it clear that repercussions would follow the bill’s passage. Catherine Hankins, chief scientific advisor for UNAIDS, said that UNAIDS and the World Health Organization (WHO) would consider the law’s passage when deciding where to locate a major AIDS research institution. The Geneva-based African AIDS Vaccine Program was to be relocated to Entebbe, Uganda, to increase African participation in AIDS vaccine research. The relocation is now in jeopardy as UN officials have made it clear to Uganda that if the bill passes, UNAIDS and WHO would have to reconsider whether Entebbe “is an appropriate place.”
The outcry from the UN and the human rights community has translated into increasing international pressure on the Ugandan government to adhere to human rights standards, including criticism and threats from other governments. Swedish development assistance minister Gunilla Carlsson warned that the bill’s passage would seriously jeopardize the $50 million USD in aid given to Uganda annually. Members of the UK parliament have also called into question their government’s £72.1 million in aid to Uganda. Gordon Brown has communicated his opposition to the bill to Ugandan President Yoweri Museveni, as has U.S. Secretary of State Hillary Clinton. In the United States, the Congressional LGBT Equality Caucus has directed letters to President Obama, urging him to speak out against the bill, and to President Museveni, urging him to prevent the bill from becoming a law.
Despite pressure from the UN and foreign governments, Uganda has been reluctant to do away with the bill completely. President Museveni distanced himself from the bill, but his cabinet failed to reach a position on the proposed legislation as of January 1, 2010, and instead set up a committee that is split in opinion. After initially refusing to change any provisions of his bill, Bahati now says that he may “amend some clauses” although he does not expect the cabinet ministers to dramatically alter his proposal. Pillay has stressed the need for a quick resolution, as the bill’s introduction has put Uganda on a “direct collision” course with international human rights standards.
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