1.1. The principle
The object of this Bill is to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting (i) any form of sexual relations between persons of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions and other places through or with the support of any Government entity in Uganda or any non governmental organization inside or outside the country.
This Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.
This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic.
The Bill further aims at providing a comprehensive and enhanced legislation to protect the cherished culture of the people of Uganda. legal, religious, and traditional family values of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda.
There is also need to protect the children and youths of Uganda who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise.
2.1. Defects In existing law.
This proposed legislation is designed to fill the gaps in the provisions of other laws in Uganda e.g. the Penal Code Act Cap. 120.
The Penal Code Act (CapI20) has no comprehensive provision catering for anti homosexuality. It focuses on unnatural offences under section 145 and lacks provisions for penalizing the procurement, promoting, disseminating literature and other pornographic materials concerning the offences of homosexuality hence the need for legislation to provide for charging, investigating, prosecuting, convicting and sentencing of offenders.
This legislation comes to complement and supplement the provisions of the Constitution of Uganda and the Penal Code Act Cap 120 by not only criminalizing same sex marriages but also same-sex sexual acts and other related acts.
3.0. The objectives of the Bill
The objectives of the Bill are to:
(a) provide for marriage in Uganda as that contracted only between a man and a woman;
(b) prohibit and penalize homosexual behavior and related practices in Uganda as they constitute a threat to the traditional family;
(e) prohibit ratification of any international treaties, conventions, protocols, agreements and declarations which are contrary or inconsistent with the provisions of this Act;
(d) prohibit the licensing of organizations which promote homosexuality.
3.1. Part I of the Bill incorporating clause 1 provides for preliminary mailers relating to interpretation of the words and phrases used in the Bill.
3.2. Part II of the Bill incorporating clause 2 to 6 prohibits homosexuality and related practices by introducing the offences of engaging In homosexuality, and the penalties of imprisonment upon conviction. This pan also provides for protection, assistance and support for victims of homosexuality.
3.3. Part III of the Bill incorporating clause 7 to clause 14 creates offences and penalties for acts that promote homosexuality, failure to report the offence and impose a duty on the community to report suspected cases of homosexuality.
3.4. Part IV of the Bill incorporating clause 15 to clause 17 provides for the jurisdiction of Uganda Courts in case of Homosexuality, including extra territorial jurisdiction.
3.5. Part V of the Bill incorporating clauses 18 and 19 provides for miscellaneous provisions on International Treaties, Protocols. Declarations and conventions and the Minister to make regulations to give effect to the Act.
Schedule of the Bill gives the value of the currency point.
HON DAVID BAHATI,
Member of Parliament, Ndorwa County West Kabale.
THE ANTI HOMOSEXUALITY BILL, 2009.
ARRANGEMENT OF CLAUSES.
PART I — PRELIMINARY
PART ll-PROHIBITION OF HOMOSEXUALITY.
2. The offence of homosexuality
3. Aggravated homosexuality.
4. Attempt to commit homosexuality.
5. Protection, assistance and payment of compensation to victims of homoseuxality
PART Ill — RELATED OFFENCES AND PENALTIES.
7. Aiding and abating homosexuality.
8. Conspiracy to engage in homosexuality.
9. Procuring homosexuality. by threats, etc.
10. Detention with intent to commit homosexuality.
12. Same sex marriage.
13. Promotion of homosexuality.
14. Failure to disclose the offence.
PART IV — JURISDICTION.
16. Extra-territorial Jurisdiction.
PART V — MISCELLANEOUS PROVISIONS
18. International treaties.
A BILL FOR AN ACT
THE ANTI HOMOSEXUALITY ACT, 2009.
An Act to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.
BE IT ENACTED by Parliament as follows:
PART I — PRELIMINARY.
In this Act. unless the context otherwise requires –
“authority” means having power and control over other people because of your knowledge and official position; and shall include a person who exercises religious. political, economic or social authority;
“bisexual” means a person who is sexually attracted to both males and females;
“child” means a person below the age of 18 years:
“currency point” has the value assigned to it in the Schedule to this Act;
“disability” means a substantial limitation of daily life activities caused by physical. mental or sensory impairment and environment barriers resulting in limited participation;
“felony” means an offence which is declared by law to be a felony or if not declared to be a misdemeanor is punishable without proof of previous conviction, with death or with imprisonment for 3 years or more.;
“gay”” means a male person who engages in sexual intimacy with another person of the same sex;
“‘gender”” means male or female;
“HIV” means the Human Immunodeficiency Virus;
“homosexual”‘ means a person who engages or attempts to engage in same gender sexual activity;
“homosexuality”’ means same gender or same sex sexual acts;
“lesbian” means a female who engages in sexual intimacy with another female;
“Minister’” means the Minister responsible for ethics and integrity;
“misdemeanor” means an offence which is not a felony;
“serial offender” means a person who has previous convictions of the offence of homosexuality or related offences;
“sexual act” includes –
(a) physical sexual activity that does not necessarily culminate in intercourse and may include the touching of another’s breast, vagina, penis or anus:
(b) stimulation or penetration of a vagina or mouth or anus or any part of the body of any person, however slight by a sexual organ;
(c) the unlawful use of any object or organ by a person on another person’s sexual organ or anus or mouth;
“sexual organ” means a vagina, penis or any artificial sexual contraption;
“touching” includes touching—
(a) with any part of the body;
(b) with anything else;
(c) through anything;
and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.
“victim” includes a person who is involved in homosexual activities against his or her will.
PART II — HOMOSEXUALITY AND RELATED PRACTICES.
2. The offence of homosexuality.
(1) A person commits the offence of homosexuality if-
(a) he penetrates the anus or mouth of another person of the same sex with his penis or any other sexual contraption;
(b) he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex;
(c) he or she touches another person with the intention of committing the act of homosexuality.
(2) A person who commits an offence under this section shall be liable on conviction to imprisonment for life.