In what was a heated afternoon in the chambers of parliament, a full house debated until dawn on what direction Uganda should take on the gay agenda and in the end, a death penalty was agreed upon for the offense of aggravated homosexuality.
Legislators debated precept upon precept on the Anti-homosexuality bill 2023 with amendments being made on clauses that seemed to be lenient or promoted as well abated the tendency.
For six hours, the house had to define sexual orientation, gender, homosexuality, attempted homosexuality, and many other words that have become synonymous with the (lesbian, gay, bisexual, transgender, queer, intersex, and asexual) LGBTQI+ language.
“The ayes have it,” Parliamentary Speaker Anita Annet Among said after the final vote, adding that the “bill passed in record time”.
Legislators amended significant portions of the original draft law, with all but one speaking against the bill.
At least 389 MPs attended in person while about four-dozen others followed proceedings via Zoom as the House adopted the controversial Anti-Homosexuality Bill, 2023.
That number was above the quorum of 176 MPs required to vote on the Bill.
“Those supporting homosexuality are targeting families and once this is done, everyone will be affected. We must protect our values and norms as Ugandans”, said Sarah Najjuma, Woman Representative, Nakaseke district.
According to the bill “A person commits the offense of homosexuality if the person holds out as a lesbian, gay, transgender, a queer on any other sexual or gender identity that is contrary to the binary categories of male and female.”
In addition to same-sex intercourse, the law bans promoting and abetting homosexuality as well as conspiracy to engage in homosexuality.
Under the Act, a person found culpable of promoting homosexuality faces 20 years imprisonment. There are also punishments for journalists, editors, film directors, and corporate entities that promote homosexuality.
Relatedly, failure to report an attempt or acts of homosexuality is punishable by Shs 100 m fine or imprisonment for 6 months, or both.
Also, legal entities found culpable for any of the offenses face an Shs.1b fine and a decade-long suspension of their activities.
Even a person who contracts, attends, witnesses, presides over, or participates in the preparation of a same-sex marriage risks 10 years in prison as well as landlords who rent out their premises to homosexuals, owners of brothels used by homosexuals, and individuals who groom children into homosexuality will face dire consequences.
Children found guilty of engaging in homosexuality face three years in jail, with a provision for rehabilitation, in line with the Children’s Act.
Ms. Robina Rwakoojo, the chairperson of the Legal and Parliamentary Affairs Committee, which considered the Bill, said the changes in penalties were made to harmonize them with provisions in the Penal Code Act for similar offenses such as defilement.
Supporters of the legislation say it was needed to punish a broader array of LGBTQ activities, which they say threaten the family, children, and the very essence of African tradition.
MP Fox Odoi, a former head of the State House legal department, who was also among the lead petitioners in the 2014 anti-gay law that were quashed by the court said, “the Bill is misconceived, contains provisions that are unconstitutional, reverses the gains registered in the fight against gender-based violence and criminalizes individuals.”
The bill will now be sent to President Museveni to be signed into law.
Recently, reacting to the debate, President Museveni said, “homosexuals are deviations from normal, the western countries should stop wasting the time of humanity by imposing their practices on other people.”
