President Yoweri Museveni has assented to Anti-Homosexuality Bill 2023 following his decision to return it to parliament for scrutiny.
The Bill had been passed on March 21, 2023, awaiting signing into law. The signing of the bill into law was confirmed by Speaker Anita Among.
Museveni had asked Parliament to reconsider some provisions within the bill which he said needed clarity before it was signed. He argued that the law should not criminalize the state of one having a homosexuality disposition but those who engage in and promote homosexuality.
The Bill aims at among others protecting traditional families by prohibiting sexual relationships between people of the same sex, strengthening the 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.
“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 offense 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 that 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 clauses 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.
On May 2, 2023, MPs passed the Bill 2023 with amendments. MPs passed the bill during the plenary which was chaired by the speaker of parliament Anita Among.
Following the signing of the bill, Among said the President of the Republic of Uganda, General Yoweri Kaguta Museveni, has executed his constitutional mandate as prescribed by Article 91 (3) (a) of the Constitution. He has assented to the Anti-Homosexuality Act.
“As the Parliament of Uganda, we have answered the cries of our people. We have legislated to protect the sanctity of family as per Article 31 of the Constitution of Uganda. We have stood strong to defend our culture and aspirations of our people as per objectives 19 & 24 of national objectives and directive principles of state policy,” she said.
She applauded Museveni for his steadfast action in the interest of Uganda. With a lot of humility, I thank my colleagues and the Members of Parliament for withstanding all the pressure from bullies and doomsday conspiracy theorists in the interest of our country. Through their action, we have lived by our motto: For God and our Country.
“On behalf of the Parliament of Uganda, I thank the people of Uganda for the prayers and encouragement while we executed our mandate in line with Articles 1 and 79 of the Constitution. We shall always stand for and promote the interest of the people of Uganda. I now encourage the duty bearers under the law to execute the mandate bestowed upon them in the Anti-Homosexuality Act. The people of Uganda have spoken, and it is your duty to now enforce the law in a fair, steadfast, and firm manner,” she said.
The Uganda Anti-Homosexuality Act, 2014 was passed by Parliament on December 20, 2013 with life in prison substituted for the death penalty. Whereas it was signed into law by President Yoweri Museveni on February 24,2014, the Constitutional Court on 1 August 2014 annulled the law citing that it was passed without the required quorum in the House.
