Museveni returns Anti-Homosexuality Bill for review

By Francis Lubega

26^th April 2023

President Yoweri Kaguta Museveni has returned to Parliament the Anti-Homosexuality Bill, 2023 for reconsideration.

In a letter dated 25 April addressed to Speaker Anita Among, which was read to Members of Parliament during a plenary sitting on Wednesday by the Deputy Speaker, Thomas Tayebwa, the President wants clarity on the distinction between a homosexual and acts of homosexuality.

He noted that it is important to recognize that the suspicion, allegation, or belief of some individuals being homosexuals has been with the Ugandan society for some time amid doubts about whether the sexuality of these individuals is deviant conduct or otherwise.

According to the President, the proposed law should be clear so that what is thought to be criminalized is not the state of one having a deviant inclination but rather the actions of one acting on that deviance or promoting the same.

Museveni advised that Sections 2 and 3 of the Bill should be reviewed noting that the person who is believed, alleged, or suspected of being a homosexual who has not committed an asexual act with another person of the same sex does not commit an offense under those sections.

Equally, the President pointed out that Clause 9(1) is unnecessary and should be deleted from the Bill as it is already provided for in Clause 9(2) which provides for the actual knowledge of the person who is responsible for premises rented by a homosexual.

While Clause 14 of the Bill imposes a duty on one to report suspected acts of homosexuality, Museveni noted that Clause 15 makes it an offense for a person to make false sexual allegations which is a contradiction that could fuel conflict in society.

Further, the President proposed that the Bill should include a provision that facilitates those who have previously been involved in acts of homosexuality to present themselves to the relevant authorities for purposes of seeking help in cases where their previous involvement in acts of homosexuality was not of an aggravated kind should not be punished.

Subsequently, Tayebwa referred the Bill, which was introduced by Bugiri Municipality Member of Parliament, Asuman Basalirwa on 9 March 2023 to the Legal and Parliamentary Affairs Committee for reconsideration within seven days.

Parliament unanimously passed the Anti-Homosexuality Bill on 21 March 2023.

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