PARLIAMENT OF UGANDA

REPORT OF THE SECTORAL COMMITTEE ON LEGAL

AND PARLIAMENTARY AFFAIRS ON THE ANTIHOMOSEXUALITY BILL, 2009

OFFICE OF THE CLERK TO PARLIAMENT

PARLIAMENT BUILDINGS
KAMPALA - UGANDA

November 2012

1.0

Introduction

The Anti homosexuality Bill, 2009 was read for the first time on 14 th
October 2009 and it was referred to the Committee of Legal and
Parliamentary Affairs in accordance with Rules 117 and 118 of the
Rules of Procedure of Parliament. In analysing the Bill, the committee
was guided by Rule 118 of the Rules of Procedure of Parliament.

The Bill was re-introduced in the 9 th Parliament by way of a Resolution

of Parliament on 31st October, 2011.
2.0

Methodology

In the process of analysing the Bill, the Committee discussed the Bill
and received memoranda from the following stakeholders:
1. Ministry of Justice and Constitutional Affairs
2. Uganda Law Reform Commission
3. Uganda Human Rights Commission
5. Uganda Prison Service
6. Civil Society Coalition on Human Rights and Constitutional Law
7. National Association of Social Workers of Uganda
3.0

Objective of the Bill

The object of the Bill is to establish a comprehensive consolidated

legislation to protect the traditional family by prohibiting (i) any form of
sexual relations between persons of the same sex; and (ii) the
promotion or recognition of such sexual relations in public institutions
and other places through or with the support of any Government entity
in Uganda or any non governmental organization inside or outside the
country.

The Bill aims at strengthening the nations capacity to deal with

emerging internal and external threats to the traditional heterosexual
family.
The Bill further aims at providing a comprehensive and enhanced
legislation to protect 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.
There is also need to protect the Children and youths of Uganda who
are made vulnerable to sexual abuse and deviations as a result of
cultural changes, uncensored information technologies, parentless
child development settings and increasing attempts by homosexuals to
raise children in homosexual relationships through adoption, foster
care, or otherwise.

4.0

Observations and Recommendations.

The Committee observed that:

(i)

the Bill provides for a death penalty to a person who commits

aggravated homosexuality. The death sentence if executed
does not make the offender feel the punishment for his
actions.

(ii)

The bill provides for attempt to commit homosexuality and

aggravated homosexuality. However, it will be difficult to
prove that a person attempted to commit the offences.

(iii)

Any person who gets knowledge about a homosexual activity

taking place has to report within twenty four hours. This will
cause problems especially to professionals whose ethics
include confidentiality in order to be able to carry out their
functions like Doctors, Lawyers and Counselors.

(iv)

The Bill intends to extend its jurisdiction over Ugandans who

violate its provisions while outside the country. This will be
difficult to implement because of the States limited capacity.

(v)

The bill provides for nullification of inconsistent treaties,

protocols, declarations and conventions. This is against the
provisions of article 287 of the Constitution which obliges
Uganda to fully subscribe to all its international treaties
obligations

ratified

prior

to

the

passing

of

the

1995

Constitution.
5.0

Recommendations

The Committee recommends that the Bill be passed into law subject to
the proposed amendments.

PROPOSED AMENDMENTS BY THE COMMITTEE ON LEGAL AND

PARLIAMENTARY AFFAIRS TO THE ANTI-HOMOSEXUALITY BILL,
2009
1. Clause 1 Interpretation
a) Clause 1 is amended by deleting the following words
(a) Bisexual
(b)Gay
(c) Gender
(d)Lesbian
Justification
-

The words have not been used in the bill.

b) Define the word court
Court means the chief magistrates court.
Justification

To provide for the jurisdiction.

2. Clause 2 The offence of Homosexuality

a) Delete clause 2(1)(c)
Justification
-

The ingredients of the offence would be difficult to prove.

b) Clause 2(2) is amended by replacing the word life in the
second line of the provision with fourteen years

Justification
-

The sentence is more appropriate to the offence.

3. Clause 3 Aggravated homosexuality

Clause 3 (2) is amended by substituting for the words ...suffer
death with words ...imprisonment for life.
Justification
5

To harmonise the provision with the penalty under the Penal

Code Act on aggravated defilement.

4. Clause 4 Attempts to commit homosexuality

Clause 4 is deleted.
Justification
-

Attempt to commit homosexuality may become too hard and

difficult to prove which may cause absurdities.

5. Clause

5-

Protection,

assistance

and

payment

of

compensation to victims of homosexuality.

a. Redraft the head note as follows: Payment of compensation to
a victim of homosexuality.
b. Delete sub clauses (1) and (2).
Justification
-

The sub-clauses are redundant.

6. Clause 6 Confidentiality
a) Clause 6(2) delete the words ...outside the presence of the
media at the end of the provision.
Justification
-

The words are redundant. Proceedings in camera exclude the

media.
b) Clause 6(3) insert the words ....... the victim or.. between the
word of in the sixth line of the provision and the word court
in the seventh line.
Justification
6

To protect the victim.

7. Clause 7 Aiding and abating homosexuality.

Clause 7 is deleted.
Justification
-

It is provided for under Clause 13.

8. Clause 8 Conspiracy to engage in homosexuality

Clause 8 is deleted.
Justification
-

It is provided for under Clause 13.

9. Clause 9 Procuring homosexuality by threats, etc.

a) Clause 9 is amended by deleting the words etc in the head note
Justification
-

It makes the head note appear vague.

b) Deleting the words ...either in Uganda or elsewhere; or

appearing at the end of the sub-clauses (1) (a) and (b).
Justification
The words are redundant.

c) Adding at the end of sub-clause (1) (a) and (b) the words
...commits

an

offence

and

imprisonment of seven years.

Justification

is

liable

on

conviction

to

To perfect the provision by creating an offence and penalty.

10. Clause 10 detention with intent to commit homosexuality.

Delete clause 10
Justification
-

Proving intention to commit acts of homosexuality would result

into absurdity.

11. Clause 12 Same sex marriage

a) Clause 12 is amended by replacing the words ......life in the
third line of the provision with 14 years
Justification
-

To harmonise the provision with clause 2 of the bill

b) Clause 12 is amended by inserting a new sub-clause (2) as
follows(2) A person or institution commits an offence if that person or
institution conducts a marriage ceremony between persons of
the same sex and shall on conviction be liable to imprisonment
to a maximum of seven years for individuals or cancellation of
licence for an institution.
Justification

To prohibit celebration of same sex marriages.

12. Clause 14 Failure to disclose the offence

Clause 14 is deleted.
Justification
-

The offence will create absurdities and the provision will be too
hard to implement.

13. Clause 15- Jurisdiction

Clause 15 is deleted
Justification
Consequential amendment. The committee proposes to define
Court in the interpretation clause. Defining it in the main body
would be a repetition
14. Clause 16 Extra- Territorial Jurisdiction
Clause 16 is deleted.
Justification
15.

The practical enforcement of the provision will be difficult.

Clause 17 Extradition.
Clause 17 is deleted.

Justification
-

The practical enforcement and implementation of the provision

will be difficult.

16. Clause

18

Nullification

of

inconsistent

international

treaties, protocols, declarations and conventions

Clause 18 is deleted.
Justification
-

It is not necessary to put such a provision in the bill.