OneWorld.net (U.S.)

WASHINGTON, Jan 22 (OneWorld.net) - The international community is urging Uganda's government to scrap a bill proposing the death sentence for "aggravated homosexuality" amid increasing concerns about homophobia across the African continent.

The draft "Anti-Homosexuality" bill was proposed in Uganda's Parliament in October and is up for debate later this month. The most controversial part of the bill is the use of the death penalty for the crime of "aggravated homosexuality," defined as an HIV-positive person who has homosexual sex with someone disabled or younger than 18. The bill would also force people accused of this crime to undergo HIV tests.

Navi Pillay, the United Nations High Commissioner for Human Rights, called the draft legislation "blatantly discriminatory" and criticized the "draconian punishments" the bill proposes for people in Uganda alleged to be lesbian, gay, bisexual, or transgendered (LGBT).

According to experts, the proposal has far wider implications than most people realize, including Ugandans who support passage of the bill. Under the draft law, those who fail to report a homosexual individual within 24 hours, including family members, can be punished by up to three years in prison.

"The law will not only criminalize the behavior of the estimated 500,000 gay people in Uganda but heterosexuals too," stated the watchdog group Index on Censorship.

Another clause of the bill punishes anyone who publishes material on homosexuals with a fine or up to seven years in jail. This could serve to silence non-profits and community organizations promoting sexual health. Additionally, human rights activists could be prosecuted for promoting the rights of homosexuals, which could put up major obstacles in HIV/AIDS prevention efforts.

International Outcry Against Bill

Since the draft legislation was put forth, Ugandan President Yoweri Museveni and his government have been under pressure from lawmakers in other countries and human rights groups worldwide to stop the bill from becoming law.

"This is the only responsible course of action for a government to take in such circumstances," said Pillay. She also urged Museveni and his administration to repeal existing laws that make homosexuality a crime in Uganda.

A November protest in New York City against Uganda's proposed Anti-Homosexuality Bill. © riekhavoc (flickr) On Wednesday, 12 United States senators signed a message to Museveni urging that he block the enactment of the pending bill. "By creating harsh penalties for homosexuality, this bill not only codifies prejudice, but could also foster an increase in violence towards people simply based on sexual orientation," states the letter.

Yesterday, a hearing was held in the U.S. House of Representatives to review the Anti-Homosexuality Bill and raise awareness of the situation in Uganda. The legislation was supposedly proposed in Parliament following a visit of U.S. Christian evangelicals who promoted therapy to make gay men straight, according to written testimony from Human Rights Campaign president Joe Solmonese.

Individuals are speaking out against the bill too. In November, LGBT rights activists led demonstrations in New York City and Washington, D.C. demanding the proposal be thrown out. In Canada and the United Kingdom, citizens started petitions advocating for government sanctions against Uganda if the bill passes, reported New America Media.


Museveni suggested to the Ugandan press last week that he would not support passage of the bill, reported the humanitarian news service IRIN. Both Museveni's statement and active opposition from Ugandan civil rights groups indicate that the bill is unlikely to pass. Yet significant hurdles remain in the fight against widespread homophobia in Uganda and elsewhere in Africa.

Across Africa, the Closet May Be Safer

Homosexuality is currently illegal in Uganda and punishable by a maximum sentence of life in prison. The proposed bill is part of an "increase in campaigning against homosexuality in Uganda, led by churches and anti-gay groups," said Human Rights Watch.

The discriminatory attitude embraced by Uganda's pending Anti-Homosexuality Bill is common across the continent. More than two-thirds of African countries have laws criminalizing homosexual acts, according to PlusNews, a global HIV/AIDS focused news service.


Late last month, two men in Malawi accused of having sexual relations were arrested and charged with "unnatural offenses," which carries a maximum prison term of 14 years, and "indecent practices between males," which carries five years. The trial is set for next week.

Kenya, Tanzania, Egypt, Burundi, Cameroon, Senegal, and Nigeria all have similar statutes outlawing same-sex sexual relations in some form, allowing homosexuals to be punished with imprisonment and fines. But this discrimination can often go further, crossing the line into outright violence.

In April 2008, the openly gay star of South Africa's national female soccer team was found raped and murdered in a park on the outskirts of Johannesburg. There have been many such attacks -- often called "corrective rape" -- on lesbian women in the country, despite South Africa being the only African nation to recognize gay marriage. 


There are similar stories of threats and violence against homosexual individuals across Africa. In May 2008, Gambian President Yahya Jammeh gave gay people 24 hours to leave the country, threatening to behead any gay people discovered in the West African nation after that deadline.



Two Steps Forward for Sexual Health

Men who engage in homosexual activity are the population most at risk for HIV, yet they have never been included in Uganda's HIV/AIDS prevention plan because of the existing laws outlawing homosexuality. One of the biggest concerns about the draft Anti-Homosexuality bill was that it would further force gay men underground.

But a new female condom initiative in Uganda may provide a means of prevention for some homosexual men too. The UN Population Fund and the non-profit Programme for Accessible Health Communication and Education are leading a re-launch of the female condom, including teaching men who have sex with men how to use them.

This new female condom was introduced in February to a test group of women in Uganda and will provide women as well as homosexual men a means for HIV prevention that is within their control, reported PlusNews.

In another triumph for sexual and women's health, the Ugandan parliament unanimously passed a bill in early December banning female genital mutilation. Genital mutilation is practiced as a rite of passage in 28 African countries, according to the Feminist Majority Foundation. Every year, 3 million young women are forced to undergo genital mutilation as an initiation into womanhood.

Now, those who are convicted of performing female genital mutilation will face up to 10 years in prison and a life sentence if the girl dies from the procedure. Uganda's Parliament is also considering an amendment to the bill that will compensate victims of genital mutilation for their suffering.

For more information on health and human rights in the country, visit OneWorld UK's Uganda country guide.

- This article was compiled by Brittany Schell. 

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