VZCZCXRO6816
RR RUEHGI RUEHRN RUEHROV
DE RUEHKM #1271/01 3070522
ZNR UUUUU ZZH
R 030522Z NOV 09
FM AMEMBASSY KAMPALA
TO RUEHC/SECSTATE WASHDC 1914
INFO RUCNIAD/IGAD COLLECTIVE
RUEHXR/RWANDA COLLECTIVE

UNCLAS SECTION 01 OF 02 KAMPALA 001271 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV SOCI UG
SUBJECT: UGANDA: PARLIAMENT CONSIDERS CRIMINALIZING HOMOSEXUALITY 
 
REF:  A. KAMPALA 00070 
 ¶B. 08 KAMPALA 1087 
 
¶1. (SBU) Summary:  A Member of Parliament belonging to the ruling 
National Resistance Movement (NRM) submitted draft legislation 
criminalizing homosexuality on October 14, with very extreme 
penalties for offenders.  A local gay and lesbian NGO told Poloff 
that the legislation, even in draft form, is already resulting in 
increased stigmatization and that if passed, homosexuals will seek 
asylum overseas.  While the Ugandan government has yet to either 
endorse or reject the legislation, Ethics Minister Nsaba Buturo is 
openly campaigning for its passage.  On October 24 President 
Museveni told Assistant Secretary Johnnie Carson that Uganda is not 
interested in a "war with homosexuals" and that the legislation goes 
"too far".  End Summary. 
 
------------------------------------------ 
Uganda Debates Criminalizing Homosexuality 
------------------------------------------ 
 
¶2. (U) NRM MP David Bahati's "anti-homosexuality" bill mandates 
death for "aggravated homosexuality" - which is defined as sexual 
assault, rape or incest of a homosexual nature - life imprisonment 
for consensual homosexual sex, and seven years' imprisonment for 
aiding, abetting, or procuring homosexuality.  The draft legislation 
states that individuals can be convicted of aiding, abetting, or 
procuring homosexuality on the evidence of just one witness. 
 
¶3. (U) The bill carries a penalty of five to seven years 
imprisonment for the "promotion of homosexuality", and a fine or 
three years imprisonment for failing to report violations of the 
statue to authorities within 24 hrs.  The provisions of the bill 
also apply to homosexual acts committed by Ugandan nationals outside 
of Uganda, void pre-existing international agreements not consistent 
with the bill, and outlaw the use of terms like "sexual 
orientation," "sexual minorities," and "gender identity" to describe 
homosexuality or "gender identity disorders." 
 
¶4. (U) Human rights groups and legal experts have noted that the 
bill, if passed, would subject government officials, health care 
providers, human rights advocates, parents, and teachers to fines or 
potential prison time for failing to report homosexual orientation 
or activity to local authorities. 
 
-------------------------------- 
Status of the Bill in Parliament 
-------------------------------- 
 
¶5. (U) Although Bahati belongs to the ruling NRM party, he 
introduced his legislation as a "private members' bill," meaning the 
bill is not sponsored by the Ugandan government.  After reviewing 
the bill, Parliament's Legal Affairs Committee will hold public 
hearings and then make its recommendation to the rest of Parliament, 
likely in January 2010. 
 
¶6. (U) Meanwhile, State Minister for Ethics and Integrity Nsaba 
Buturo is actively lobbying for the bill's passage.  Buturo is a 
frequent and vocal critic of homosexuality.  In response to U.S. 
press guidance describing the bill as "a significant step backwards 
for the protection of human rights in Uganda," Buturo told local 
journalists on October 29 that international donors "should mind 
their own business."  Quoted by the Associated Press, Buturo said: 
"We are really getting tired of this phrase 'human rights'.  It is 
being abused." 
 
---------------------------- 
The "Anti-Human Rights" Bill 
---------------------------- 
 
¶7. (U) An October 23 statement by a coalition of 22 local and 
international human rights NGOs described the legislation as an 
"anti-human rights" bill and said it "represents one of the most 
serious attacks to date" on the Ugandan Constitution.  "In short," 
reads the joint statement, "this bill targets everybody, and 
involves everybody; it cannot be implemented without making every 
citizen spy on his or her neighbors.  The last time this was done 
was in the [Idi] Amin era, where everyone very quickly became an 
'enemy of the state'.  It amounts to a direct invasion of our homes, 
and will promote blackmail, false accusations, and outright 
intimidation of certain members of the population." 
 
¶8. (U) The NGO coalition also published full-page advertisements 
condemning the bill in Uganda's leading newspapers.  The coalition 
has noted that the legislation violates at least eight articles of 
the Ugandan Constitution as well as the Universal Declaration of 
Human Rights, the International Covenant on Civil and Political 
Rights, 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 
 
KAMPALA 00001271  002 OF 002 
 
 
Child, and the African Charter on Human and Peoples' Rights. 
 
¶9. (SBU) One local NGO coalition member, Sexual Minorities of Uganda 
(SMUG), told PolOff on October 23 that the draft legislation was 
already adversely impacting gay and lesbian Ugandans by subjecting 
them to increased stigmatization.  SMUG said its members would 
likely be forced to seek asylum abroad if the bill becomes law. 
Just days after Bahati introduced the bill, Uganda's main opposition 
newspaper published a cartoon depicting gay and lesbian Ugandans 
running for the gates of foreign embassies in Kampala. 
 
--------------------------------- 
Museveni: No War with Homosexuals 
--------------------------------- 
 
¶10. (SBU) During an October 24 meeting with Assistant Secretary 
Carson, President Museveni said Uganda is not interested in a "war 
with homosexuals" and agreed that the proposed legislation goes "too 
far."  After learning that the bill was submitted to Parliament by a 
member of his own party, Museveni said he would discourage the 
legislation (septel). 
 
------------------------------------------ 
Comment:  Preventing Legalized Persecution 
------------------------------------------ 
 
¶11. (SBU) In December 2008 the High Court ruled that the Ugandan 
government violated the rights of a SMUG member by raiding his home 
without a warrant.  In its decision, the Court affirmed that 
constitutional rights apply to all Ugandans, regardless of sexual 
orientation (ref. A).  Bahati's legislation seeks to undo the High 
Court's ruling by legalizing the persecution of gays and lesbians. 
Ugandan society is strongly opposed to homosexuality and homosexuals 
are regularly subjected to intimidation and harassment (ref. B).  On 
November 2, a leading Ugandan human rights activist told us it is 
difficult for traditional local human rights organizations to take a 
public stand against the bill for fear of losing public support. 
Even with strong private and public statements of condemnation by 
human rights NGOs and the international donor community, Bahati's 
bill stands a reasonable chance of passing unless President Museveni 
himself intervenes.  We will continue to urge Ugandan authorities to 
ensure the protection of human rights by opposing this legislation.