RainbowUCT has added its name in endorsing the statement released by African Civil Society:
STATEMENT BY AFRICAN CIVIL SOCIETY
We, the individuals and organisations from African countries, recognise the universality of the human rights of all persons.
We affirm that the right of men and women to have same sex relationships is a fundamental human right.
We are further guided in the knowledge that all forms of discrimination, in particular against vulnerable groups, undermine the human dignity of all in Africa.
We are therefore profoundly disturbed by the nature, content and potential impact of the Anti-Homosexuality Bill (“the Bill”) that was recently tabled in and is currently being considered by the Parliament of Uganda.
We believe that the Bill, if enacted, will cut deeply into the fabric of Ugandan society by–
- Violating the rights of an already vulnerable and severely stigmatised group of persons by attacking their dignity, privacy and other constitutionally protected rights;
- Disrupting family and community life by compelling everyone, by the threat of criminal sanction, to report those suspected of engaging in same-sex sexual activity;
- Seeking to withdraw Uganda from the family of nations by reneging on the country’s international law obligations;
- Undermining public health interventions such as HIV prevention, treatment, care and support;
- Promoting prejudice and hate and encouraging harmful and violent action to be taken against those engaging in same sex relations.
We respectfully call on the Parliament of Uganda to reject the Bill in its entirety.
We also call on African governments and the African Union to call on the President and Government of Uganda to withdraw the Bill and to respect the human rights of all in Uganda, without exception.
Background
Uganda's Civil Society Coalition on Human Rights and Constitutional Law was established in October 2009 in response to the tabling of the notorious Anti-Homosexuality Bill in the Ugandan Parliament. The membership of the Coalition stands at 28 Ugandan civil society organisations. Its initial campaign is to see the Bill dropped from the Parliament's agenda.
In the longer term the Coalition aims to tackle issues related to human rights and constitutional law in Uganda. The Coalition website can be found at: www.ugandans4rights.org. The site provides the most up-to-date information on the Bill, including the perspectives of the many Ugandans who are opposed to this draconian legislation.
On the 14th of October 2009, Hon. Bahati tabled a Anti-Homosexuality Bill in the Ugandan Parliament. The Bill is currently before the Legal and Parliamentary Affairs Committee. The stated objective of the Bill is to establish a comprehensive law to supposedly protect the traditional family by prohibiting any form of sexual relations between persons of the same sex; and to penalise homosexual behavior, including a death penalty for "aggravated homosexuality", to prohibit ratification of any international treaties, conventions, protocols, agreements and declarations which are contrary or inconsistent with the provisions of this Act, and to prohibit the licensing of organizations which promote homosexuality. The Bill makes it an offence not to report homosexual practices to the authorities and even seeks to criminalize Ugandans who commit homosexual acts outside of Uganda.
According to the Coalition the Bill if it were to become law would represent one of the most serious violations of the Constitution of Uganda and the fundamental rights enshrined in the Constitution, including:
- Article 20: Fundamental rights and freedoms are inherent and not granted by the State
- Article 21: Right to Equality and Freedom from discrimination
- Article 22: The Right to Life (the death penalty provisions)
- Article 27: The Right to Privacy
- Article 29: Right to freedom of conscience, expression, movement, religion, assembly and association (this includes freedom of speech, Academic freedom and media freedom)
- Article 30: Right to Education
- Article 32: Affirmative Action in favour of marginalised groups and
- Article 36 on the Rights of Minorities
The Coalition points out that if the Bill becomes law it will place Uganda in direct violation of its international obligations in terms of:
- The Universal Declaration of Human Rights;
- The International Covenant on Civil and Political Rights and its protocols;
- The International Covenant on Economic, Social and Cultural Rights;
- The Convention on the Elimination of all Forms of Discrimination Against Women;
- The Convention on the Rights of the Child, and
- The African Charter on Human and Peoples’ Rights
