Posted 2009/10/19

Uganda: 'Anti-Homosexuality' Bill endangers human rights defenders

The Parliament of Uganda is considering the introduction of legislation which, if approved, would severely curtail the rights and freedoms of human rights defenders in Uganda. The proposed 'Anti-Homosexuality' Bill introduces harsher penalties for homosexuality, which is already criminalised in Uganda, and imposes severe limitations on the rights to freedom of expression, association and assembly. The bill threatens the existence of human rights organisations working on sexual minorities issues as well as the safety and liberty of human rights defenders and civil society activists.

Further Information

The bill was tabled before parliament on 14 October 2009. Its provisions reaffirm the prohibition of homosexuality making it punishable with a maximum of ten years of imprisonment and a fine of up to 10 million shillings (approx 3,500 euro). The bill introduces in the penal code a new provision criminalising any form of "promotion of homosexuality", thus banning the work of any human rights organisations advocating for the protection of lesbian, gay, bisexual or transgender people (LGBT) or, for example, addressing issues around sexuality in education. The bill also results in the serious impediment of effective anti HIV-AIDS programmes.

Article 5(1) of the bill refers to anyone who publishes, disseminates, markets or broadcasts “homosexual materials”, “funds or sponsors homosexuality and related activities”, “offers premises and other fixed or moveable assets”, “uses electronic devices which include internet, films, mobile phone”, or “attempts to legitimize or in any way abets homosexuality and related practices”. Any corporate body, business, association or human rights organisation found guilty of any of these activities face a maximum sentence of five-year prison term and a fine.

The bill effectively prohibits any kind of community or political organising around sexuality in Uganda, criminalises advocacy and support for the rights of homosexual Ugandans, and prohibits any public discussion of homosexual issues. The bill severely curtails the rights, protections and freedoms of LGBT rights defenders and poses a risk to the wider community of human rights defenders in Uganda through its effect upon freedom of expression, conscience, association, and assembly, as well as internationally recognised protections against discrimination.

The tabling of the Bill forms part of an ongoing campaign of repression and harassment of LGBT rights defenders in Uganda. Front Line is seriously concerned for the physical and psychological integrity of human rights defenders in Uganda.

Front Line urges the Ugandan authorities to:

1. Unconditionally reject the 'Anti-Homosexuality' Bill and to begin a process of law reform to ensure that the Ugandan penal code lies in conformity with all Uganda's international human rights obligations;

2. Guarantee that all human rights defenders in Uganda are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

Action Update Needed. Before taking further action on this case please contact info@frontlinedefenders.org for further information