What ‘value’ is the anti-gay Bill?

By Julius Barigaba

Kampala, February 04 2010

Early last year, David Bahati, MP, got the support of government to initiate one of the most divisive laws in Uganda’s recent history—the Anti Homosexuality Bill, 2009. It has since put him and Uganda in the glare of international attention.

By Julius Barigaba

The legislator for Ndorwa County West, Kabale District, eventually tabled his Bill before Parliament in October. He has the support of a reasonable majority in the House to carry the day. But will he? Does Uganda want this law? Will we go through with it? At what cost? And whose law is it, anyway?

Red, blue corner

The Bill has generated so much debate, controversy, anger and hate, both from within, but mainly from outside of the country.

In thesading moralists like Martin Ssempa, Stephen Langa of Family Life Network, Ethics and Integrity Minister Nsaba Buturo. In the red corner is the donor community, civil society and human rights activists, legal experts, and needless to say, every homosexual. Estimates tell us we have half a million of those.

The donors have threatened to turn off the aid taps. At least Sweden has. The US, UK and France have raised their concerns over this animal. Canada is breathing fire.

Initially, government was in on Bahati’s Bill, but under pressure from these countries, it then sat on the fence for a while, and is now itching to hop into the red corner.

Human right concerns

The law prescribes a death sentence for aggravated homosexuality [same sex act with a minor]; it places responsibility on parents, employers, health workers, counsellors, teachers, name it, even our neighbours, to report suspected gays. Think Gestapo, people.

Failure to report these dirty animals means you are complicit and liable to a jail term of 3-7 years and a heavy fine, upon conviction. And it doesn’t matter whether you are on Ugandan soil or live on Mars. You will still serve your time in jail once you return here on earth. You can even be extradited from Venus. You can run but you can’t hide from this pervasive law.

The Bill, however, is fundamentally flawed. From a human rights perspective. First, every progressive society has or is doing away with the death penalty. But in the 21st century, Uganda is legislating guillotine for future generations.

Secondly, how say, a doctor is supposed to hand over these same sex suspects and at the same time keep in line with the principle of confidentiality is beyond me.

And then, every Ugandan is supposed to be protected by the Bill of Rights and Freedoms, very well articulated in the 1995 Constitution: the right to privacy…the freedom to associate…What the dickens happened to that fine print?

Bahati’s moment in the sun

His name is now everywhere. In all media. Print, electronic, online, blog, name it.

On the night of Thursday January 28, he appeared on NTV’s On the Spot, along with Youth MP Dennis Obua. They said nothing we haven’t heard before. They talked of gays being a danger to the values in our constitution. The same one that mentions the right to privacy; they mentioned the danger of our children being recruited into homosexuality. There is huge amounts of money flowing in from “those countries” to recruit “our children” into this.

I have to admit I am with Bahati on this one. I have issues with anyone “recruiting” anybody into something they don’t subscribe to… it is worse if the recruits are children. But then again, Bahati and Ssempa are not exactly angels here. The two run political and church-oriented organisations that constantly recruit young people. And they are bankrolled by well-known foreign organisations. The pot calling the kettle black, if you asked me!

“Our values…our family values”

“Government has a fundamental role to protect the values that the society believes in. I believe in heterosexuality.” Bahati keeps saying that, you know. That the purpose of his Bill is to “protect our values…our family values.”

And you want to laugh. “What values, Mweshimiwa?” You want to ask.

It’s a bit like John Steinbeck. My favourite author. Travels with Charley. On his tour of America, Steinbeck met a country man who spoke of “keeping with roots” but lived in a building, several storeys high.” Three generations living on the same premises, different flat tiers. And we are talking about folks whose ancestors lived in farm barns. They knew nothing of flats. Many generations later, their children live in skyscrapers. And that’s roots!

When conservatives usually allude to family values, they actually mean a set of Christian doctrine that has been drummed into our heads since we were little. Often this doctrine has very little room for liberal views. Homophobia, period!

Roman Catholic though I am, there are circumstances in which I would support abortion. But anti-gay crusaders will go on and on about values, deluded that their children are virgin till their wedding night. That they will not come near pornography and certainly, homosexuality is out of the question.

So, Mweshimiwa, what values? Whose values? And do we exclude traditional belief from those values? To some people traditional religion is repugnant, but they have not gone and sponsored a Bill against belief in Lubaale and Kazooba Nyamuhanga!

Polygamy is an African value. Today it is out of fashion. In fact Christianity outlaws it. Where is the noise from the Bahatis of this world?

At the end of the show on NTV, there was a poll question answered through text: Do you support the Anti Homosexuality Bill? The result was 17% against a sweeping majority in support.

You would understand why. Most Ugandans are decidedly conservative and cannot imagine an Adam and Steve relationship. But hey, here is some 17% that has a different opinion. Do their views count? I guess not. In Bahati’s world, it is the tyranny of the majority, so be it, amen.

If it is wrong to recruit anyone into gay, lesbian, bisexual or transgender orientations, it is equally wrong to chaperon young people into straight sex. And obviously, it is criminal to conscript anyone into this faith or that political group. All these values are clearly foreign to our traditions.

Legal opinion

One other catchy statement escaped the legislator’s lips: “The moral conscience of our country is under serious attack.” Oh dearie me! Corruption, election theft, deficient health system, conflict, poverty…and this country has a moral conscience!

The NTV poll ended in Bahati’s favour, but his display betrayed a lack of conviction. He wouldn’t convince a six-year old with his argument. Family values…constitution…our dignity as a country. What exactly is undignifying about same sex relationships?

Bahati was also knocked out by a few submissions from an in-calling young legal brain, Kabumba Busingye.

Why do you legislate about aggravated homosexuality—don’t we already have laws that address this?

If homosexuality is an imported culture, how come that the first law against it was imported? The 1954 Penal Code that decriminalises “unnatural” sex, which includes homosexuality, was made by colonialists.

And how come we don’t throw pregnant unmarried girls down the cliff anymore [as some traditional cultures prescribed?] Isn’t it because at some point we realised this was not consistent with the supreme law, which recognises the right to…sex?

I felt sorry for Bahati, taking this barrage. “But it’s not our culture…,” he stammered. Oh, come now, Bahati? So, whose culture is it? There is nothing cultural about being gay. It’s just a sexual orientation. What, for instance, is cultural about being straight?

Let’s put it this way. The Mount Elgon tribe of Bagisu practices the culture of empalu [circumcision of the male at 18]. If Lubega, a non-Gisu circumcises at 18, he does not become a Gisu, nor has he embraced the culture.

White elephant, it might be

The Penal Code that proscribes ‘unnatural sex’ still exists. But when was the last time you heard a gay person arraigned before court—and convicted? Dropping the Bill [and apologising to all concerned] would save the country from a painful, not to mention useless debate, embarrassment and cost!

Court awarded lesbian/transgender Victor Mukasa, 34, and ‘his’ partner Ush13 million ($6,516) in December 2008. Court ruled that the duo’s privacy was violated when police raided ‘his’ house in 2005 to rein-in this notorious lesbian couple. Government did not appeal the case. Why? Because the Constitution was not made for only Bahati and his brand of values. It also mentions rights for Victor and ‘his’ kind.

Disowned

It is true the Bill sponsor is a member of the ruling NRM party. But it is obvious that his senior colleagues who sit in Cabinet are not singing from the same hymn book as he is, looking at the unequivocal statements they have made in recent times.

Statement: “It [the Bill] won’t be withdrawn but we will change some sections.” Nsaba Buturo, Ethics and Integrity Minister, December 2009. He had in initially said the donors “can take their money,” but Uganda would not budge, thank you very much.

Verdict: 90-degree turn

Statement: “we [government] will ask Bahati to withdraw the Bill.” Aston Kajara, Investments Minister, December 2009.

Verdict: Strong, 180-degree turn

“Go slow…it’s too harsh [the Bill].” President Yoweri Museveni January 2010.

Verdict: Come on guys!

“We can’t continue debating this as if it is the most important, when government already has a position…the position is Uganda has not been invaded by homosexuality and is not about to sink.” Prof. Tarsis Kabwegyere, Relief and Disasters Minister, January 2010.

Verdict: Do I have to state it?

Ends