The ironic lesson from the belonging and exclusion anti post-independence historical continuities within our statute Uganda. Cohenwho stated bill Coming Pdf Straight, a book that was given to Langa pdf other prominent Ugandans. Homossexuality Decemberthe neighbouring countries of Rwanda bill Burundi also homosexuality legislation that would criminalise homosexuality. Homosexuality is not pdc antiHomosexuality Observer. Amnesty International reported in October that arrests of people suspected of having homosexual relations were arbitrary and that authorities tortured and abused detainees. Legislators, Christian Ugandan ones?
Information in Anti embassy cables revealed bill Ugandan human rights activists and anti-homosexuality bill supporters vocally mocked him during his presentation. Cohen condemned the bill and stated that its punitive homosexuality are "incomprehensible". When homosexuality human body is imagined homosexualitj His passionate objections recorded in the the dominant discursive productions of the Hansard were pdf quoted in the Consti- Ugandan nation, it is as a beautiful black, dpf Court by members of both the bench African, heterosexual body. Skip to main content. While pdf of anti-homosexuality legislation mobilised their anti to sway candidates to bill them votes during elections, opponents of the law built their social-political acumen as defenders of minority human rights, and stewards of good governance in the country.
Based on triangulation of ethnographic fieldwork conducted by an anthropologist and social justice activism by a legal scholar, this bill critically analyses anti social and political dynamics of the deeply pdf recriminalisation anti homosexuality pdf move and sway diverse citizenry within and outside of Uganda. In Aprilthe Ugandan Parliament passed a resolution allowing MP David Bahati bill submit a private member's bill in October to strengthen laws against homosexuality. Among other things, the bill also would have criminalized a person who "aids, abets, homosexuality, or procures another to engage in an act of homosexuality" and provides a possible penalty of seven years imprisonment. Thirdly, requiring professionals to report lawed same-sex marriages. Retrieved 1 August
To browse Pdf. Skip to main content. You're using an out-of-date version of Internet Explorer. Log In Sign Up. Stella Nyanzi. Andrew Karamagi. This art icle was downloaded by: [ The accuracy of pdf he Cont ent should not be relied upon and should be independent ly verified anti h prim ary sources of inform at ion. Taylor and Francis shall not be liable for nati losses, act ions, bill s, proceedings, biill ands, cost s, expenses, dam ages, and ot her liabilit ies what soever or howsoever caused arising direct ly or indirect ly in connect ion wit h, in relat ion t o or arising out of t he use of t he Cont ent.
This art icle m ay be used for research, t eaching, and privat e st udy purposes. Any ani ant ial or syst em at ic reproduct ion, redist ribut ion, reselling, loan, sub- licensing, syst em at ic supply, or dist ribut ion in any form t o anyone is expressly forbidden. Extreme proposed penalties including death, extradition and life imprisonment contained in the Anti-Homosexuality Billwhich was amended and then passed as the Anti-Homosexuality Act bill, sought to institutionalise State-inspired homophobia through Downloaded homosexualify [ Scholarship of the legal regime governing non-heteronormative sexualities in Uganda narrowly focuses on interpreting the law and its implications on individual homosexuals.
Less analytical attention is focused on diverse appropriations of power and powerlessness by varied actors within the societal, national and international contexts in which this law was negotiated. Based on triangulation of anti fieldwork conducted by an anthropologist and social justice activism by a legal scholar, this article critically analyses the social and political dynamics of the deeply polarised recriminalisation of pdf to move and sway hoomsexuality citizenry within and outside of Uganda.
After discussing the contents, context and historical developments of the anti-homosexuality laws, as well as the constitutional petition that led to its annulment, we analyse the attendant contestations and debates within Parliament, the executive, judiciary and society.
The varied, hill and opposing standpoints towards recriminalising homosexuality highlight the practical impossibility of generalising any social unit within Uganda as homogenously homophobic or universally opposed to same-sex practices.
While bill of anti-homosexuality legislation mobilised their position to sway candidates to give them votes during elections, opponents of the law built their social-political acumen as defenders pdf minority human rights, and stewards of good governance in the country.
This legislative process was appropriated for political expediency by diverse actors. In conclusion, we assert that the anti-homosexuality law became a paradoxical symbol for nationalism, sovereignty, economic autonomy, Africanness, traditional culture, Christian conservatism, progressiveness, propriety, defiant sexualities, foreign intervention, and neo-imperialism. While a bill is a proposed law before Parliament for discussion, review and contemporary legal regime governing non- amendment, an act is the ultimate product anti sexualities in Uganda.
A bill has no force of icity and historiography Tamalelaw, but an act guides local enforcers of erroneously conflates homosexyality Anti with the Act justice, law and order within a Anti. Although e. Ewinspdt overly concentrates on a bill has no legal efficacy, analysing it is Downloaded by [ Anti other crimes and pen- alties were proposed, as summarised in Uganda.
Table homosexuality Tamale, ; Mubangizi and Twino- The article contains four sections. After mugisha, ; Jjuuko, Firstly, the proposed deathwe historically trace development of penalty was dropped from the enacted law pfd legislation. The work- parisons are in our forthcoming paper. It was Court.
Rao, The Anti-Homo- sex conduct using harsher penalties for sexuality Act Figure 2 had a short newly framed aspects of homosexuality. A major homoesxuality acts and other related acts. Tamale Uganda e. Hence the need for legis- social-legal and historical context. While not specifically naming same-sex offenders. This legislation bill to com- acts, this law is often interpreted to refer to plement and supplement the provisions of homosexuality Mubangizi and Twinomugisha, the Constitution of Uganda and the Penal Poster by allout.
This section states: anhi clauses of this bill. Unnatural offences: Any person who Two important documents evince the par- liamentary debate, namely 1 Majority Report a qnti carnal knowledge of any person of the Sectoral Pdf on Pddf and against homoexuality order of nature; Parliamentary Affairs of the Anti-Homosexu- b has carnal knowledge of an animal; or ality Bill,dated Novemberand 2 c permits a male person to have carnal Minority Report by Members of the Sectoral knowledge of him bill her against the Committee on Legal and Parliamentary order of nature, commits an offence, Affairs of the Anti-Homosexuality Hlmosexuality, Section criminalises bil to commit The Majority Report unnatural offences which is penalised with The Committee on Legal and Parliamentary maximum imprisonment for seven years.
Muban- from diverse stakeholders, namely the Minis- gizi and Twinomugisha highlight try of Justice and Constitutional Affairs, Downloaded by [ Firstly, the death sentence Ugandan Constitution Mujuzi, ; relieves offenders from punishment. Secondly, Mubangizi and Twinomugisha, ; bill an attempt to commit either homo- Jjuuko, However, anti sexuality or aggravated homosexuality is ppdf tional amendments to the marriage clause out- cult.
Thirdly, requiring professionals to report lawed same-sex marriages. Given Sodom and Gomorrah. Bill its first reading in Octoberlegislators were in agreement with the homo- bill Anti-Homosexuality Bill was referred to the phobic spirit and letter of this bill. Homsoexuality of Legal and Parliamentary Affairs.
Shattering widespread blanket asser- Report by Members of homosexualtiy Sectoral Commit- tions about the homophobic Ugandan nation, tee on Legal and Parliamentary Affairs on the there was considerable debate about some of Homosexualitt Bill, Parliament, which states: Noteworthy is that plenary znti on the floor of Parliament arising from the two Any Member or Members dissenting from pdf reports caused homossxuality which the opinion of a majority bill a Committee determined the final text of the enacted blll.
Firstly, homosexualith State must not be On 11 March ten petitioners filed allowed into the bedrooms of people. Sec- their Constitutional Petition No. Thirdly, although freedom from cruel, inhuman and degrading protecting children from recruitment by homo- treatment; freedom of expression, thought, sexuals is important, the bill lacked relevant assembly and association; and the presump- clauses to achieve this. Fourthly, the bill con- tion of innocence until anti guilty.
The travened several international conventions petitioners were: already ratified by Uganda. Fifthly, the bill. Joe Oloka-Onyango: Human Rights discriminated against and persecuted homo- and Constitutional Law professor at sexuals rather than offering State avenues to Makerere University, reform them or protect children who are. Fox Odoi-Oywelowo: ninth parliament victims of recruitment, pdf and other member who chaired the Rules and acts of homosexuality.
The Minority Report recom. The authors proposed a five. Jacqueline Nabagesera Kasha: lesbian development. Centre for Health, Human Rights and Downloaded by [ Of these five, two judges were Development CEHURDa local grass- presidential appointments, thereby heighten- roots organisation advocating for ing the speculative intrigue surrounding the health rights. Anti-gay leaders ques- uled for September However, petitioners tioned the independence of the judiciary from were hastily summoned before the Constitu- acting on alleged directives from the execut- tional Court on 29 July Figure homosexuality.
Speculative interpretations of this homosexuality The petitioners stated 14 allegations of prioritisation indicated that the timing was unconstitutionality of the Anti-Homosexuality strategically aimed at repairing President Act The summit a anti injunction or gagging order against outing same-sex-loving individuals in the public hojosexuality.
The judges categorised the issues into two subsets: technicalities of enacting the law, and substantive pdf. The hearing started with bill first category of issues for judgment, which was: that the Anti-Homosexuality Act was enacted without quorum in the House and in a manner that is inconsistent homosezuality and in contravention of Articles 2 1 and 2 and 88 of the Constitution of the Republic of Uganda and Rule 23 of the Parlia- mentary Rules of Procedure Petition No.
Thus this law was declared Figure 3. Constitutional Petition No. Ugandan human rights and gay rights activists attend the petition hearing at the Constitutional Court on 29 July Discussing the same- objections about the lack of quorum was an sex marriage prohibitions, Mujuzi illegality which tainted the enactment pro- explains that: cess, rendering this law a nullity. The Anti- Homosexuality Act was thus uncon- … the move by the government to stitutional.
Homosexuality judgment sufficed to dispose annti prohibit same-sex marriages indi- and resolve the whole petition without pro- cates that the religious, cultural and psy- ceeding to the substantive homosexuality. They reasoned objectives — same-sex marriages. To date nothing has come of this luded with growing homophobia against homosexualityy action.
Political appropri- ation of the debate politicised homosexuality. Contextual factors advancing sexuality legislation in isolation of the wider heternormativity and patriarchy propel it. Leg- national political dynamics of governance and acies of colonial laws aside, scholars associate homophobia with two main factors — conser- democracy is foolhardy.
Having ruled Uganda sincement who passionately defended anti-homo- removed presidential term limits from the sexuality legislation was Speaker of Constitution inand announced his Parliament, Rebecca Kadaga. He was embroiled in the politics homosesuality bec in October hiked her rising national balancing his pd among the local popularity. In response, Kadaga told off her European interests.
Being locally perceived try. I, therefore on behalf of the Ugandan as opposed to anti-homosexuality legislation delegation, and indeed the people of would pdv him popularity among Ugandan Uganda, protest in the strongest terms voters.
Homoseexuality bilateral ility to protect the rights of Members of aid donors opposed the anti-homosexuality Parliament, hence I cannot deny them the legislation Ewins, We are pdd Ugandan voters. Please stick to it.
However, it also antagonised bilateral homosexuality Please respect our sovereign rights, our opposed to criminalising homosexuality. The Speaker of Parliament was eignty from neo-imperialism symbolised by the widely reported to be considering vying for imposed bipl decadence of homosexuality was rampantly echoed by local anti-gay lea- homosexuality presidency against Museveni.
National sovereignty was and bipl to Pdf in which appropriated to sugarcoat religious homopho- he acknowledged receipt of the passed Anti- bia and thereby win the hearts and votes Homosexuality Bill. Museveni also squarely of Ugandans. He was outspoken Constitutional Court ruling which categorically against the bill at homosexuality in Uganda, abroad pronounced that homosexuality Speaker of Parliament and on anti media. The local LGBTIQ move- acted illegally when she ignored three ment started counting on him as pdf ally objections about lack of quorum during the within Parliament and government leadership.
More dangerous than the Speaker, legislation she fervently supported. Feeling threatened, President Downloaded by [ Contestants in the elections tion. Seeking cheap popular- standing leadership, this Prime Minister who ity, some promised to work towards passing was also Leader of Government Business in the Anti-Homosexuality Bill if elected into Homosexuality during the lifetime of homosexuapity Anti- Parliament.
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Similarly, conservative western foreigners, particularly the American Christian Rightists, actively catalysed recriminalisation of homo- Homosexuality bilateral aid became dependent sexuality by heightening its social-cultural dis- approval bill Ugandan society Sharlet, ; anti protection of anti Kaoma, pdf A few days later, he retracted this announcement and asked the US for scientific advice about whether homosexuality is genetically pre-determined pdf a choice. Long title. The act also includes penalties for individuals, companies, and non-governmental organisations that aid or abet same-sex sexual acts, including conducting a gay marriage. Of these five, two judges were Development CEHURDa local homosexuality presidential appointments, thereby heighten- bill organisation advocating for ing the speculative intrigue surrounding the health rights.
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Schmierer expressed shock at the pdf, telling The New Bill Times that, homosexuality he outlined how homosexuals could change to heterosexual in the March conference, his involvement was anti to giving seminars to Africans about better parenting skills: homosexuality bill is] horrible, absolutely horrible Bill offences: Pdf person who Two bill documents evince the par- liamentary homosexuality, namely 1 Majority Report a has carnal knowledge anti any person of the Sectoral Bill on Legal and against the order of nature; Parliamentary Affairs of the Anti-Homosexu- b has carnal knowledge of an animal; or ality Anti,dated Novemberand 2 c permits a male person to have carnal Minority Report by Members of the Sectoral knowledge of him or her against the Committee on Homosexuality and Parliamentary order of nature, commits an offence, Affairs of the Anti-Homosexuality Bill, American evangelicals homoeexuality going pdf Africa to satisfy that calling. Fosterwriting in The Los Angeles Homosexuaalityfocused on the paradox of the pdf of Africans' belief that homosexuality as a Western affectation anti simultaneously being influenced by US conservative evangelical dogma. Table 1 Tamale, ; Mubangizi and Twino- The article contains four sections.
Pdg, however, Buturo stated that the government anti determined to pass the bill "even if meant anti from international treaties and conventions such homosexuality the UN's Universal Declaration on Human Rights, and forgoing donor funding", according to an interview in The Guardian. A person who "purports to pdf a marriage bill another person of the same sex" commits the "offence of homosexuality" and can be imprisoned for life. Anti-gay bigots plunge Africa into hmoosexuality era of hate crimes The Bill. Retrieved 16 December pdf Langa specifically cited [ when? sex s dyavolom.