African CSO campaign against Uganda's Anti-Homosexuality Bill

We have pasted below a statement, which your organisation is invited to endorse. Please also endeavour to secure the endorsements of prominent individuals, such as religious leaders, influential professional persons, heads of organizations and others with a respected public profile. The statement is self-explanatory. Kindly submit your endorsement on or before 12h00, Monday, 29 March (SA time). Please supply the full name of your organisation together with your full name, office address, telephone contact details and organisational website. Please also indicate in your email that you have been authorised by your organisation to endorse the statement.

Please send your endorsement to Ms Adila Hassim of the AIDS Law Project at [email][email protected] Please copy your email to Ms Phumi Mtetwa of the Lesbian and Gay Equality Project at [email][email protected]

Also pasted below is some background on the Anti-Homosexuality Bill as well as a link to Uganda's Civil Society Coalition on Human Rights and Constitutional Law which is coordinating opposition to the Bill within Uganda.

Please note that this campaign is open only to organisations with a physical presence on the African continent. With regard to prominent individuals, the campaign is only open to those persons who are from Africa. Aside from the Ugandan Parliament, the statement and list of endorsements will also be submitted to African Governments as well as the African Union.

Those behind the Bill have claimed that only international organisations and western bodies are against the Bill. We believe that this campaign will demonstrate that civil society organisations throughout the length and breadth of Africa will stand together as one for the human rights of all Africans.

STATEMENT BY AFRICAN CSOs

We, the individuals and organisations from African countries listed hereunder, recognise the universality of the human rights of all persons.

We affirm that the right of men and women to have same sex relationships is a fundamental human right.

We are further guided in the knowledge that all forms of discrimination, in particular against vulnerable groups, undermine the human dignity of all in Africa.

We are therefore profoundly disturbed by the nature, content and potential impact of the Anti-Homosexuality Bill (“the Bill”) that was recently tabled in and is currently being considered by the Parliament of Uganda.

We believe that the Bill, if enacted, will cut deeply into the fabric of Ugandan society by:

- Violating the rights of an already vulnerable and severely stigmatised group of persons by attacking their dignity, privacy and other constitutionally protected rights;
- Disrupting family and community life by compelling everyone, by the threat of criminal sanction, to report those suspected of engaging in same-sex sexual activity;
- Seeking to withdraw Uganda from the family of nations by reneging on the country’s international law obligations;
- Undermining public health interventions such as HIV prevention, treatment, care and support;
- Promoting prejudice and hate and encouraging harmful and violent action to be taken against those engaging in same sex relations.
We respectfully call on the Parliament of Uganda to reject the Bill in its entirety.

We also call on African governments and the African Union to call on the President and Government of Uganda to withdraw the Bill and to respect the human rights of all in Uganda, without exception.

Endorsed by:

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Background

Uganda's Civil Society Coalition on Human Rights and Constitutional Law was established in October 2009 in response to the tabling of the notorious Anti-Homosexuality Bill in the Ugandan Parliament. The membership of the Coalition stands at 28 Ugandan civil society organisations. Its initial campaign is to see the Bill dropped from the Parliament's agenda.

In the longer term the Coalition aims to tackle issues related to human rights and constitutional law in Uganda.The Coalition website can be found at: www.ugandans4rights.org The site provides the most up-to-date information on the Bill, including the perspectives of the many Ugandans who are opposed to this draconian legislation.

On the 14th of October 2009, Hon. Bahati tabled a Anti-Homosexuality Bill in the Ugandan Parliament. The Bill is currently before the Legal and Parliamentary Affairs Committee. The stated objective of the Bill is to establish a comprehensive law to supposedly protect the traditional family by prohibiting any form of sexual relations between persons of the same sex; and to penalise homosexual behavior, including a death penalty for "aggravated homosexuality", to prohibit ratification of any international treaties, conventions, protocols, agreements and declarations which are contrary or inconsistent with the provisions of this Act, and to prohibit the licensing of organizations which promote homosexuality. The Bill makes it an offence not to report homosexual practices to the authorities and even seeks to criminalize Ugandans who commit homosexual acts outside of Uganda.

According to the Coalition the Bill if it were to become law would represent one of the most serious violations of the Constitution of Uganda and the fundamental rights enshrined in the Constitution, including:

Article 20: Fundamental rights and freedoms are inherent and not granted by the State
Article 21: Right to Equality and Freedom from discrimination
Article 22: The Right to Life (the death penalty provisions)
Article 27: The Right to Privacy
Article 29: Right to freedom of conscience, expression, movement, religion, assembly and association (this includes freedom of speech, Academic freedom and media freedom)
Article 30: Right to Education
Article 32: Affirmative Action in favour of marginalised groups and
Article 36 on the Rights of Minorities

The Coalition points out that if the Bill becomes law it will place Uganda in direct violation of its international obligations in terms of:

- The Universal Declaration of Human Rights;
- The International Covenant on Civil and Political Rights and its protocols;
- The International Covenant on Economic, Social and Cultural Rights;
- The Convention on the Elimination of all Forms of Discrimination Against Women;
- The Convention on the Rights of the Child, and
- The African Charter on Human and Peoples’ Rights