Will MPs refine the Anti-Homosexuality Bill to Museveni’s liking?

The matter looked to have been solved when Members of Parliament (MPs) under the watch of an interested Anita Annet Among, the Speaker of the 11th Parliament voted to pass the restrictive Anti-Homosexuality Bill, 2023.

The Bill, which was tabled in Parliament by Bugiri Municipality MP, Asuman Basalirwa, on 9 March 2023 was quickly processed and passed on Tuesday, 21 March 2023.

This excited many Ugandans despite an uproar from human rights defenders. The United States and many European countries condemned the move to further illegalize homosexuality and called on the President not to sign it into law.

Penalties in the Bill

President Yoweri Museveni was put to task to assent to the Bill that will see anyone engaging in acts of homosexuality facing 20 years in jail. The Bill also proposes a death penalty for anyone engaging in aggravated homosexuality.

Provisions in Basalirwa’s Private Member’s Bill seeking to protect the traditional family by prohibiting and criminalizing any form of sexual relations between persons of the same sex and promotion of such acts.

While considering the Bill, legislators agreed to a penalty of shs1 billion imposed on a legal entity convicted of promoting homosexuality.

The Bill proposes a life sentence in prison for an individual convicted of committing the offence of homosexuality, whereas an attempt to perform the act would attract a seven-year prison term.

The Bill provides for a three-year imprisonment for a child convicted of the act of homosexuality which is in line with section 94(1) (g) of the Children Act, Cap 120.

Museveni refuses to sign 

In a meeting with the NRM Parliamentary caucus recently at Kololo Independence grounds to discuss the Anti-Homosexuality Bill 2023, the President asked the parliamentarians to be ready and sacrifice to fight homosexuals.

But despite his firm stand on homosexuality, the President refused to sign the Bill and instead promised the MPs that he will assent to the Anti-Homosexuality Bill, 2023 into law once a few changes are made regarding rehabilitation.

At the same meeting, the Attorney General, Kiryowa Kiwanuka, that the bill passed by Parliament in its current form criminalizes even those who voluntarily come out to have practised homosexuality and need to be helped.

Kiwanuka proposed a provision for amnesty for those who will have come out to be helped not to punish them to allow others not to fear to come out.

“This country has issued an amnesty for people who have carried out criminal activities of treasonous nature against this country. A similar provision would be provided in this law to ensure that a person who comes out on his own is not criminalized.

In that regard I would like to beg the Members of Parliament and implore them to allow Your Excellency to return this bill so that we can address that matter,” the Attorney General said.

The President promised to meet the Legal Affairs Committee of Parliament, the sponsor of the motion Asuman Basalirwa and other interested parties to finalize the bill. “Since we have agreed now, I’m going to return that bill, and you quickly deal with those issues and we sign it,” he said.

Returns the Bill to parliament 

As promised, the President on Tuesday 25th April 2023 met with the Legal Affairs Committee led by their Chairperson Robina Rwakoojo, Basalirwa and others at State House Entebbe.

The meeting agreed on the way forward that would be communicated to the public by the Legal Affairs Committee. And with this decision, the ball was yet again in the hands of the Parliament.

There was a heated exchange between the President and MPs on whether to make amendments to the bill or pass it in its current form where legislators assured the President of their full support in relation to implementing the bill once signed into law.

The WMP for Busia district, Auma Hellen Wandera, told the President that homosexuals, once rehabilitated, can change, giving an example of her female colleagues who were homosexuals but changed and are happily married to families.

Ndorwa East MP, David Bahati, informed the President and members that the law he sponsored in 2001 and the current one both criminalize the acts of homosexuality and their promotion, saying that children recruited unknowingly should be rehabilitated to become better citizens.

Vice President Jessica Alupo also called upon MPs to support the President and Parliament to make a few changes to the bill so that it is passed when everybody is content.

“What is clear here is that no one of us here supports homosexuality and nobody has intentions to support it,” the Vice President said.

Bright Rwamirama called upon the President to be firm and sign the bill to protect the country from immoral acts.

“Homosexuality is not sickness. The bill is before you and there’s no contradiction at all. Those people trying to convince you otherwise want to water it down,” Rwamirama said.