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Navi Pillay

Navi Pillay

Posted: January 22, 2010 11:45 AM

Uganda Must Shelve Draconian Law on Homosexuality

What's Your Reaction:

The Ugandan Parliament has before it a draft bill on homosexuality. If passed, this bill will bring the country into a direct collision with established international human rights standards aimed at preventing discrimination.

I welcome the recent statements by the President and other senior members of the Government suggesting that the Government might intervene to stop the private member's bill from becoming law.

The so-called "Anti-Homosexuality Bill," tabled by one member of Parliament but believed to be supported by a number of others, prohibits any form of sexual relations between people of the same sex, as well as the promotion or recognition of homosexual relations as a healthy or acceptable lifestyle in public institutions.

The bill proposes draconian punishments for people alleged to be lesbian, gay, bisexual or transgendered - namely life imprisonment or, in some cases, the death penalty.

It is extraordinary to find legislation like this being proposed more than 60 years after the adoption of the Universal Declaration of Human Rights - as well as many subsequent international laws and standards - made it clear this type of discrimination is unacceptable.

The draft bill also includes a provision that could lead to a prison sentence of up to three years for anyone who fails to report within 24 hours the identities of any lesbian, gay, bisexual or transgendered individual they know - including members of their own family - or who overtly supports the human rights of lesbian, gay, bisexual or transgendered people.

This bill is blatantly discriminatory and clearly breaches international human rights standards. If passed, it will have a tremendously negative impact on the enjoyment of a range of fundamental human rights by homosexuals, lesbians and transgendered individuals, as well as on parents, teachers, landlords, human rights defenders, medical professionals and HIV workers.

I would like to remind the Ugandan Government of the country's obligations under international human rights law. Uganda is a party to the core human rights treaties and has generally had a good track record of cooperation with the various international human rights mechanisms. This bill threatens to seriously damage the country's reputation in the international arena. The African Charter on Human and Peoples' Rights also contains strong language against discrimination.

I am encouraged by the fact that a number of Ugandan civil society organizations are actively opposing the bill, and by the recent statement by President Museveni, reported in the Ugandan press, which appeared to suggest the Government would intervene to prevent the draft bill from becoming law.

This is the only responsible course of action for a government to take in such circumstances and I urge the Government, once it has dealt with the current bill, to begin the process of repealing existing Ugandan laws that criminalize homosexuality, albeit with less severe punishments.

To criminalize people on the basis of colour or gender is now unthinkable in most countries. The same should apply to an individual's sexual orientation.

Yet today in Malawi for instance, a gay couple engaged to be married are being prosecuted and have been denied bail by the court.

International human rights standards strongly suggest that the State should not dictate the nature of private consensual relations between adults.

 
The Ugandan Parliament has before it a draft bill on homosexuality. If passed, this bill will bring the country into a direct collision with established international human rights standards aimed at p...
The Ugandan Parliament has before it a draft bill on homosexuality. If passed, this bill will bring the country into a direct collision with established international human rights standards aimed at p...
 
 
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11:26 AM on 01/25/2010
Yikes, sounds like Hitler and his Nazis, Chinese, Russian and North Korean Communism. People who like to hate never go away.
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HUFFPOST SUPER USER
Azrael1701
03:55 AM on 01/25/2010
While I agree with every word in this article that the Ugandan bill would be evil in every sense of the word, the rhetoric used in this blog is not strong enough. Basically Uganda will be committing state sponsored murder of a certain social group which in my books is called genocide. And genocide, although not persued in countries like Sudan and Zimbabwe, should not be tolerated. But then again should not be and what is are two very seperate things.

I am not cynical but I know that the international governments will do no more than just shake their fingers and say that this bill is wrong. Nothing more. They might then start deploring the murders of gay men and women as they did for Sudan for their genocide. Talk of sanctions may come up but someone will say that they will not vote for sanctions. And so the circle continues until one leader aggresively campaigns against these crimes backed by the human rights and charity organizations around the world.
04:30 PM on 01/24/2010
What? We here in America should tell other countries what to do? Isn't that a form of imperialism? Isn't their way of life and way of governing themselves THEIR business? Every problem Uganda has was caused by white people in America and Europe. At this point, we should simply give them whatever annual aid they request with no strings attached. We should make no demands on them to change even one thing. Ugandans overwhelmingly disapprove of gay marriage initiatives here in the US. Don't we owe it to them to stop messing with God's plan? We should let Uganda set some of OUR laws.
06:07 PM on 01/24/2010
You are misinformed and I'm putting that very nicely; and by the way you don't speak for God. The evangelical leaders in the US have interfered in Uganda's affairs and helped Uganda to come up with this atrocious legislation.
07:30 PM on 01/24/2010
You are right. Uganda should be scrubbed of Christianity, which is simply another form of "imperialism" imposed on them by white men. Native Ugandans were clearly "taken in" by these missionaries and are their victims. They may THINK of themselves as "Christians", but they are deluded, and don't really know their own minds.

The US and UN should help Uganda to "throw off" Christianity and re-embrace their true religion.
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batguano
As Long As Grass Grow, Wind Blow & The Sky Is Blue
02:08 PM on 01/23/2010
And we in America must end the power of "Christian" fundamentalists and evangelicals to export the hatred, inhumanity and discrimination they have nor yet been able to enforce here. The extremist groups and individuals who travel to Uganda and sell their brand of hate must be held accountable. They make money and gain power from their narrow so-called "Christian" constructs and interpretation of the Bible, and they are as dangerous to our Republic as any other terrorist. Their professed belief in Jesus and what he taught are twisted beyond any semblance of right and wrong; of good and evil or of what should be tolerated by any society. The actions of Uganda and their leaders are an extension of the madness that is rampant right here in the "religious" right, and they give cover to the odious actions of the Uganda regime.
12:52 PM on 01/23/2010
What about American draconian laws on homosexuality such as "Don't Ask Don't Tell" and the odious "Defense of Marriage Act"? Maybe if the U.S. LEAD BY EXAMPLE the Ugandans would comprehend why human rights must be respected.
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03:48 PM on 01/25/2010
And don't forget about the people in CA voting to take away their fellow citizens right to marry the person of their choice.
12:42 PM on 01/23/2010
The Mormons are waiting with baited breath.
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11:55 AM on 01/23/2010
On February 8, 2009, the UN HRC devoted their time and energy to praising the accomplishments of the Castro's in achieving laudable progress on Human Rights. Cuba, a country that imprisons gays and political dissenters.

The UN HRC is discredited beyond redemption.

So, better simply to agree with a media pundit, Rachel Maddow, that this is a repulsive and odious proposition, than to follow the UN HRC.

It is wrong because it is wrong. Good and sober people must object. They should also object to the nakedly political and demonstrably irresponsible biases of the UN HRC.
02:23 PM on 01/24/2010
Good post...all you have to do is read Reinaldo Arenas' Before Night Falls.
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patches12
05:34 AM on 01/23/2010
MORE AMERICAN IMPERIALISM. Who the hell are we to tell another culture that their culture is inferior or "wrong".

The irony here is delicious. For 50 years liberals railed against America's inerference with and dissmissive attitude towards the cultures of Africa. Now, when they decide something on their own without American interference, it must be stopped.

I don't agree with what they want to do, it is repulsive and abhorrent... but IT IS THEIR COUNTRY
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Snafu
I don't trust Peppermint Butler
10:59 AM on 01/23/2010
Good thing you weren't around in 1940's, We'd all be speaking German or Japanese now.

You defend this because you agree with it. If they made a law demanding white people be executed on sight would you agree with it on the premise of sovereignty? Killing people over race is the same as killing over sexual preference. It's your hate that gives you away you know.
12:41 PM on 01/23/2010
It was three evangelical Americans that planted the idea in their ear in the first place.
08:49 PM on 01/22/2010
DevonTexas, the fallacy of your argument is that the United States has standing to censure another country's treatment of LGBT people. Current federal law does not recognize same sex marriage or the right of gay people to serve openly in the military.

It's like the United States criticizing another country for torturing prisoners; Kettle, may I introduce Pan.
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sviolette
Hug a vet!!!
08:30 PM on 01/22/2010
International human rights standards strongly suggest that the State should not dictate the nature of private consensual relations between adults.

They also state that torture is illegal but that didn't stop us.
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DevonTexas
Eternal Optimism
02:49 PM on 01/22/2010
We need a policy in place that suspends aid to countries that have legal penalties against anyone because of race, creed, color, religion, sexual orientation, etc. If they insist, they can do so without our material aid.
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patches12
05:37 AM on 01/23/2010
Hey Tex... that would be about 100% of the Muslim world and half of the rest!! You are just another ugly American... imposing your values on the third world!
07:25 PM on 01/24/2010
So an American who thinks we should refrain from giving money to governments we don't like is "ugly." The default position of the US with regard to every other country on earth is: open checkbook - start writing.
12:52 AM on 01/24/2010
We should just suspend all foreign aid except in extreme natural disasters like the recent earthquake in Haiti or the Thailand tsunami a few years back. Foreign aid takes money from the poor in rich countries and gives it to the rich in poor countries. Right now we are basically borrowing money from China and giving it to Iraq, Pakistan, Egypt, Jordan, Israel, Afghanistan et al.
Paulo1
Thanks for reading, (even if you disagree)
02:15 PM on 01/22/2010
A very good essay and I am thankful for it.

I would be remiss however if I did not point out the unfortunate choice of words in "shelving" the bill. This needs to be soundly defeated and denounced. "Shelving" insinuates that the bill will be awaiting approval at some future time.
12:41 PM on 01/22/2010
The Ugandan law is a trial run for the theocrats in America.
10:16 AM on 01/25/2010
***The Ugandan law is a trial run for the theocrats in America***


The Ugandan law is the IDEAL run for the theocrats in America

If they had their way, this kind of law would be adopted in the United States

But since it can't, they'll settle for its adoption elsewhere.