Parliament has passed the Anti-Homosexuality Bill 2023 following President Yoweri Museveni’s decision to return it for scrutiny. On March 21, 2023 passed the Anti-Homosexuality Bill 2023 March 2023.
The MPs passed the bill during the plenary which was chaired by the speaker of parliament Anita Among.
Museveni asked Parliament to reconsider some provisions within the bill which he said needed clarity before its assent. He argued that the law should not criminalize the state of one having homosexuality disposition but those who engage in and promote homosexuality.
“It is important to distinguish between being a homosexual and engaging in acts of homosexuality. What is clear is that our society does not support homosexuality conduct or actions. Therefore, the proposed law should be clear such that what is sought to be criminalized is not the state of one having a deviant proclivity but rather the actions of one acting on that deviant or promoting the same in any way,” Museveni said in a letter to the Speaker.
The President added that, any person who is believed to be homosexual but does not engage in homosexuality act or its promotion commits no offence as stated under sections 2 and 3 of the bill.
During the plenary, the chairperson of the legal and Parliamentary Affairs Committee Robinah Rwakoojo said the President recommended the deletion of Clause 14 of the Anti-Homosexuality Bill. The Committee has examined clause 14 of the Bill and is of the considered opinion that the clause is relevant.
“The committee has considered the proposal by the President and recommends that clause 2 & 3 be amended to create further clarity on the purpose and intention of the Bill, which is to criminalize sexual acts committed by persons of the same sex rather than punishing a person based on their perceived sexuality or physical appearance” she said.
West Budama North East constituency Fox Odoi said the minority recommend that the Anti-Homosexuality Bill 2023 be rejected in its entirety since it contravenes Article 28 of the Constitution on fair trial, and it will be abused allowing the arrest of persons based on their appearances.
He said the existence of LGBTQ+ persons in Uganda is a known fact from time immemorial. Whereas the proposal by the President, in acknowledging the existence of this minority, is a step in the right direction, it’s insufficient and restrictive to the extent that it proposes to criminalize the enjoyment of Human Rights by LGBTQ+ persons.
Following the intense debate, the House chaired by the speaker Anita Among passed the Anti-Homosexuality Bill, 2023 with amendments.
“No amount of intimidation will make us retract what we have done. History will judge us fairly. We will be known that we did it as the 11th Parliament,” Among said after passing the bill.
The Bill aims at among others protecting traditional families by prohibiting sexual relationships between people of the same sex, strengthening that country’s capacity to deal with emerging threats to the traditional family, protecting the cherished culture of Uganda and protecting children and youth who are vulnerable to sexual abuse.
