Quantcast

«

»

Dec 20 2013

Nigerian and Ugandan Lawmakers: The Passing of the Anti-Homosexuality Bills

Ugandan Parliament’s idea of putting Christ back in Christmas was to present LGBT Ugandans with a gift of life Imprisonment! The parliament has now passed the anti homosexuality bill that was first presented before the house in 2009. i

In April 2009, the Ugandan Parliament passed a resolution allowing Member of Parliament (MP) David Bahati to submit a private member’s bill in October to strengthen laws against homosexuality. The bill was proposed on 13 October 2009 by David Bahati.

According to its sponsor, it is based on the foundations of  ”strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family“, that “same sex attraction is not an innate and immutable characteristic”, and “protect[ing] the cherished culture of the people of Uganda, legal, religious, and traditional family values of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda”

The legislation strengthens the criminalization of homosexuality in Uganda by introducing the death penalty for people who are considered serial offenders, are suspected of “aggravated homosexuality” and are HIV-positive. People who are caught or suspected of homosexual activity will be forced to undergo HIV tests; Ugandans who engage in same-sex sexual relations outside Uganda will likewise fall under the jurisdiction of this law, and may be extradited and charged with a felony.

Furthermore, the bill requires anyone who is aware of an offense or an offender, including individuals, companies, media organizations, or non-governmental organizations that support LGBT rights, to report the offender within 24 hours. If an individual does not do so he or she is also considered an offender and is liable on conviction to a fine or imprisonment up to three years.

The original bill stipulated the death penalty for same-sex relationships. The bill generated international outcry, US President Barack Obama described the bill as “odious,” while some European countries have threatened to cut aid to Uganda if the bill becomes law. The death sentence for homosexual behaviour was later amended to life imprisonment.

Ignorance is not an excuse to deny others the same right you enjoy as human beings. The combination of ignorance and hate is indeed a deadly weapon of mass destruction. Hate kills and African lawmakers seems to breed it in abundance.

Nigerian National Assembly also proposed a similar bill in 2006 known as the Anti Same-Sex Marriage Prohibition bill . and The National Assembly passed the bill earlier this year, but like the Ugandan bill, it is waiting for the President’s assent to turn it into law. The Senate on 18 December, 2013 unanimously adopted the report of its conference committee on the ‘Jail the Gays’ bill.

Nigerian Senate President, Senator David Mark called for the President to urgently sign the bill into Law.  ‘The earlier we sign it into law, the better. [Nigeria] have many shortcomings, we don’t want to add this one to it.’  Senator David Mark stated this in his usual pompously ignorant manner.

According to him, “The law against same-sex marriage is an approval of the wishes of the generality of Nigerians who are desirous of living within our cultural bounds. “The law is not designed to infringe on the human rights of Nigerians in any way.” Hmm, David Mark probably does not consider Nigerian Lesbians, Gays, Bisexuals and Trans as Nigerians or even Humans.

Nigerian and Ugandan Legislators have confirmed that they are all a bunch of ignorant fools and are part of the problems dragging the African continent backwards. Uganda has also earlier this week, passed an Anti-Pornography Bill, which bans miniskirts and sexually suggestive material such as some music videos. It seems violating the rights of its citizens are what most African parliamentarians termed as keeping with tradition! For how long shall innocent lives be the victims of ignorance, hate and power?

Uganda: Existing LGBT Laws

Homosexuality is currently illegal in Uganda as in many Sub-Saharan African countries, punishable by incarceration for up to 14 years. Under section 145 of the Uganda Penal Code, the act of sodomy is punishable by life imprisonment. (“Any person who (a) has carnal knowledge of any person against the order of nature . . . or (c) permits a male person to have carnal knowledge with him or her against the order of nature commits an offence and is liable to imprisonment for life.”). Sections 146 and 148 also further support this provision.

Nigeria- Existing Laws against LGBT PeopleDSC_0956

Under the Federal law in Nigeria, Homosexuality can carry up to a 14 year jail term. Under Shari’a law which has been adopted by 12 Northern states in Nigeria, Sodomy is a criminal offence which is penalize with death by stoning. This penalty is harsher than the penalty provided for Sodomy under the criminal code.

Chapter 42 of the criminal code, section 214, states that any person who “has carnal knowledge of any person against the order of nature” or “permits a male person to have carnal knowledge of him or her against the order of nature is guilty of a felony and is liable to imprisonment for fourteen years.”

The Penal code states: “Whoever being a woman engages another woman in carnal intercourse through her sexual organ or by means of stimulation or sexual excitement of one another has committed the offence of Lesbianism. … The offence is committed by the unnatural fusion of the female sexual organs and or by the use of natural or artificial means to stimulate or attain sexual satisfaction or excitement”

The penal codes have simply taken over the language of the British colonial provisions on “carnal intercourse against the order of nature” Although these laws were imposed during the British colonial rule, they have been adopted by Uganda and Nigeria in its post-colonial era.

Nigeria and Uganda obligations under International Laws

The adopted anti-homosexuality bills in Nigeria and Uganda contradict fundamental freedoms under Nigeria and Uganda Constitutions and also under international and regional human rights law and standards. Nigeria and Uganda are signatories to a number of international treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the African Charter on Human and Peoples’ Rights. However, like many other African Nations, both countries have not held their obligations under international treaties in high regard.

The legalization of Homophobia in most African countries has created an environment of fear amongst African sexual minorities.70612_100002673874449_24624348_s The Anti-homosexuality bills in Nigeria and Uganda, if signed into law would negatively impact on human rights records and activities in both countries. However, a positive outcome of these proposed legislation is that sexuality rights have been brought to the forefront for debates.  Topics that were once thought to be taboos are now subjected to debate in the public arena although the debates have been one-sided for fear of a possible backlash.

Although there has been a deafening silence from Nigeria left on the the Jail the Gays bill and LGBT rights, some Human rights organizations in Africa are beginning to come out in support of LGBT rights and are affirming that LGBT rights are human rights worthy of protection. This is a big step forward for the LGBT community in Africa because prior to the uproar generated by these proposed legislations, human rights organizations in African countries were reluctant to openly support sexual minorities.

Also, with the threat of the proposed anti-same sex bills, many human rights organizations, media and LGBT activists were educated on LGBT issues through organized seminars and workshops mostly organized by the international LGBT community in conjunction with local LGBT activists and human rights organizations.

The international community has been emphasizing that LGBT rights are human rights and in some instances some countries like United Kingdom and United States of America have threatened to cut off international aids to countries that are threatening to impose harsher legislative provisions to further discriminate against LGBT people.

However, a backlash flowing from the support of the international solidarity for the Gay community in Africa is the counter attack by some Africans especially politicians, who believe that this is just another mission of the west to control and impose its policies on Africa countries. This has led to resistance to any form of concession to LGBT rights.DSC_0951

It is not certain whether or not these adopted anti-homosexuality bills would be signed into laws in Nigeria and Uganda, however, the mere passage of such bills is detrimental to the rights of sexual minorities.

Last year, Uganda Speaker, Rebecca Kadaga said that the bill, which originally mandated death for some gay sexual acts, will become law before the end of Christmas. “Ugandans are demanding it,” she said.  It was however not passed last year, I guess Santa Claus was delayed somewhere in the North Pole!

Nigerian and Ugandan lawmakers, by passing the ‘Jail the Gays‘ bills have shown the world just how hateful, intolerant and bigoted they are. Their gift of hate to  Nigerian and Ugandans LGBTs is hugely supported by religious believers especially USA Evangelicals. Talk about putting Christ in Christmas! Really horrendous, I hope they choke on their hate-filled Christmas gift!

Related link- Trilogy: Debunking the African Homosexuality myths

4 comments

1 ping

Skip to comment form

  1. 1
    Meggamat

    One is compelled to wonder whether this discriminatory agenda is a mere smokescreen for some more insideous plot, created divert the attentions of a zealous population away from the true machinations of their leaders, as is the case with putin. Anyway, Merry Christmas.

  2. 2
    Yemisi Ilesanmi

    @Meggamat- Sexual minorities are always the scapegoats of corrupt , under-performing politicians who wish to divert attention from their poor records and seek popular support from majority homophobic followers.
    Wishing you Merry Christmas/ Happy Holidays too. :)

  3. 3
    Meggamat

    At least the law no longer stipulates that any action will be punished by execution, so nobody will die if it is passed.

  4. 4
    Walton

    And yet the UK’s racist Home Office is still forcibly returning LGBT asylum-seekers to Uganda despite the violent homophobic crackdown that is happening in that country. The Cameron government’s commitment to harsh anti-immigrant policies exceeds its nominal concern for LGBT rights. (Since the fairly progressive court decision in HJ (Iran) and HT (Cameroon) confirmed that LGBT people who wouldn’t be able to live openly in their home country were in principle entitled to asylum, the Home Office’s current tactic is simply to refuse to believe that asylum-seekers are telling the truth about their sexuality.)

  1. 5
    ‘Twas the night before Christmas…around FtB » Pharyngula

    […] Yemisi Ilesanmi reviews the anti-homosexuality laws in Uganda and Nigeria. […]

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite="" class=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>