EATG urges the Ugandan government to not pass the Anti-Homosexuality Bill (Oct 28, 2009)

EATG urges the Ugandan government to not pass the Anti-Homosexuality Bill

Your Excellencies:

We are writing to express concern about a draft legislation that would severely restrict the rights of Ugandan citizens, including lesbian, gay, bisexual, and transgender (LGBT) people and their defenders, in direct contravention of domestic and international law, and call upon you to dismiss it. The Anti-Homosexuality Bill of 2009 would not only reaffirm penalties for homosexuality, but would criminalize the “promotion of homosexuality,” including funding and sponsoring LGBT organizations and broadcasting, publishing, or marketing materials on homosexuality. Any person in authority who fails to report known violations of the law within 24 hours will also be subject to a significant fine and up to 3 years in prison – even when this means turning in their colleagues, family, or friends.

The negative repercussions of the bill in Uganda will be immediate and severe. It effectively bans the free association and expression that are necessary for a flourishing civil society, and creates a climate of fear and hostility that undermines the citizenship and solidarity of all Ugandans. It will lend itself to misapplication and abuse, and implicitly encourages persecution of LGBT people by private actors. Effective HIV prevention activities in Uganda, which rely on an ability to talk frankly about sexuality and provide condoms and other safer-sex materials, will be difficult, if not impossible.

The Anti-Homosexuality Bill violates National Objective 5(2) of the Ugandan Constitution, which provides that “the State shall guarantee and respect the independence of non-governmental organizations which protect and promote human rights.” Moreover, it directly violates the right to equality and freedom from discrimination (Article 21), the right to privacy (Article 27), the right to freedoms of speech, expression, association, and assembly (Article 29), the protection of minorities (Article 36), and the protection of civic rights and activities (Article 38) to which all Ugandans are entitled. It also violates the African Charter on Human and People's Rights, the International Covenant on Civil and Political Rights (ICCPR) and other international human rights treaties to which Uganda is a party. This bill undermines Uganda's commitment to the international human rights regime and threatens the basic human rights of all its citizens.

The Bill’s revocation of fundamental rights would also seriously undermine the country’s reputation and credibility in the international arena. Because it claims jurisdiction over Ugandans who violate its provisions while outside of the country, the Bill will strain Uganda’s relations with regional and international partners. Furthermore the bill would criminalize the legitimate work of national and international activists and organizations working for the defense and promotion of human rights in Uganda. It would also put major barriers in the path of effective HIV/AIDS prevention efforts. Discrimination and punitive laws like this aimed at marginalized groups and at those often among the most affected by HIV drives people underground and does nothing to help slow down the AIDS epidemic.

Criminal penalties against the LGBT community hinder HIV control efforts by creating climate of fear and shame, driving sexual minorities underground where they are difficult to reach with HIV-related services. Countries whose laws do not criminalize homosexuality are better able to curb the transmission of the virus. Laws targeting sexual minorities have been identified as obstacles to effectively addressing HIV in Uganda. A 2009 joint report by the Uganda AIDS Commission and UNAIDS specifically called for a review of legal impediments to the inclusion of most-at-risk-populations - including Men having Sex with Men (MSM) - in the national AIDS response. The proposed ―anti-homosexuality legislation goes directly against these expert public health recommendations.

Both the United Nations and Members of the African Commission on Human and People’s Rights have condemned laws that imprison lesbian, gay, bisexual and transgender (LGBT) individuals on the basis of their sexuality. Laws criminalizing homosexuality violate principles of privacy and equality, and in so doing, relegate LGBT persons to the status of “second-class” citizens – which may unofficially sanction harassment and violence against them, further exacerbating risk of HIV transmission.

While people may hold differing opinions about sexual orientation and gender identity, the legislation before Parliament is an ineffective and fundamentally illegal way to express opposition to a minority group. In recognition of the importance of a diverse, dynamic civil society and the domestic and international commitments that Uganda has made, I urge you to swiftly dismiss the Anti-Homosexuality Bill of 2009 and reaffirm the rights and responsibilities of all Ugandans.

Sincerely,

Anna Zakowicz

Chair, European AIDS Treatment Group (EATG)