On 08 November 2014, a new draft anti-gay Bill (called the Prohibition of Promotion of Unnatural Sexual Practices Bill of 2014 dated 29 October 2014) prepared by a government committe to replace the struck down Anti-Homosexuality Act has reportedly been sent to the office of President Yoweri Museveni and newly named Prime Minister Ruhakana Rugunda. The draft includes a new Section 2 making the provision of “funding for purposes of promoting unnatural sexual practices” and in Section 4 to “make a representation … by whatever means of a person engaged in real or fictitious unnatural sexual practices” unlawful.
It should be noted that this new legislation in pipeline is a sumation of the the Penal Code Act of 1950 (Chapter 120) (as amended) which provides
Section 145. Unnatural offences.
“Any person who
(a) has carnal knowledge of any person against the order of nature;
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature,
commits an offence and is liable to imprisonment for life.”
Section 146. Attempt to commit unnatural offences.
“Any person who attempts to commit any of the offences specified in section145 commits a felony and is liable to imprisonment for seven years.”
Section 148. Indecent practices.
“Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years”.
This new development is an indicative that the Ugandan government is trying to use the traces left behind by the British during their glory days of colonialism.
The government of Uganda aims at an anti homosexuality legislation that can not be challenged as it was in April 2014 to the law that had got passed and challenged on technicality ground ( Passed without qorum)
This can clearly be evidenced in President Museveni’s move to call upon the church to rally behind him and government of Uganda in the fight against homosexuality.
In Sironko district in Uganda, president Museveni has asked the Church and civil society to support government in the fight against homosexuality, saying the vice has become a danger among the young generation.
The President also requested the clergy to continue preaching against the increasing moral degeneration, saying this has led to the rise of HIV/Aids epidemic among the youth.
Mr Museveni made the calls in a speech read for him by the Minister of Security, Mr Muruli Mukasa, at the consecration of North Mbale Diocese Bishop Samuel Gidudu at the weekend. He said any clergy who presides over a wedding of a gay couple should be blacklisted and isolated from the Church because the act is not only against the Bible teachings but also the African norms and traditions.
The President said government has introduced patriotism lessons in schools to help youth learn how to love their country with its cultural heritage.
In August, the Constitutional Court in Kampala declared the passing of the Anti-Homosexuality Bill into an act as null and void on grounds that Parliament passed it without quorum.
Later, MPs kicked off a drive to re-introduce the Bill. It was tabled before Parliament in 2009 by Ndorwa West MP David Bahati.
In his maiden speech, Bishop Gidudu pledged to harmonise the Church’s role in implementing government programmes and improve working relations between his diocese and the State.
He asked the clergy and believers to embrace the Church’s teachings at all levels to help government extend services to them without having strings attached.