21 October 2009
Your Excellencies,
We are writing to express concern about legislation that would severely restrict the rights of Ugandan citizens, including lesbians, gays, bisexuals and transgender people and their defenders, in direct contravention of domestic and international law. The Anti-Homosexuality Bill of 2009 would not only reaffirm penalties for homosexuality, but would criminalise the "promotion of homosexuality", including funding and sponsoring LGBT organisations and broadcasting, publishing or marketing materials on homosexuality. Any person in authority who fails to report known violations of the law within 24 hours will also be subject to a significant fine and up to 3 years in prison-even when this means turning in their colleagues, friends and relatives.
The negative repercussions of that bill in Uganda will be immediate and severe. It effectively bans the free association and expression that are necessary for a flourishing civil society and creates a climate of fear and hostility that undermines the citizenship and solidarity of all Ugandans. It will lend itself to misapplication and abuse and implicitly encourages persecution of LGBT people by private actors. Effective HIV prevention activities in Uganda, which rely on an ability to talk frankly about sexuality and provide condoms and other safer sex materials, will be difficult if not impossible.
The Anti-Homosexuality Bill violates National Objective 5(2) of the Ugandan Constitution, which provides that the State shall guarantee and respect the independence of non-governmental organizations which protect and promote human rights.Moreover,it directly violates the right to equality and freedom from discrimination(Article 21),the right to privacy(Article27),the right to freedom of speech,expression,association,and assembly(Article29),the protection of minorities(Article36),and the protection of civic rights and activities(Article38) to which all Ugandans are entitled. It also violates the African Charter on Human and People's rights, the International Covenant on Civil and Political Rights (ICCPR) and other human rights treaties to which Uganda is a party. This bill undermines Ugandans commitment to the international human rights regime and threatens the basic human rights of all citizens.
The Bill's revocation of fundamental rights would also seriously undermine the country's reputation and credibility in the international arena. Because it claims jurisdiction over Ugandans who violate its provisions while outside of the country.
In recognition of the importance of a diverse, dynamic civil society and the domestic and international commitments that Uganda has made, I urge you to swiftly dismiss the Anti-Homosexuality Bill of 2009 and reaffirm the rights and responsibilities of all Ugandans.
Liesl Theron,
on behalf of Board Members
Organisation: Gender DynamiX
Country: South Africa
About Gender DynamiX
Gender DynamiX is a human rights organisation promoting freedom of expression of gender identity, focusing on transgender, transsexual and gender non-conforming identities. Gender DynamiX is currently the only registered organisation in Africa which specifically advocates for transgender individuals, and aims to increase awareness and visibility of transgenderism in South Africa.
For more information call Liesl Theron on +2721 633 5287 x 115 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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