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Uganda president declines to sign queerphobic bill

Measure sent back to Parliament for review

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Uganda, gay news, Washington Blade
(Public domain photo)

Ugandan President Yoweri Museveni has refused to sign the country’s infamous “Sexual Offenses Bill” that Parliament approved in May, on grounds that it details offenses already covered by pre-existing laws. 

“President Museveni has rejected to assent to the Sexual Offenses Bill, saying many provisions are redundant and already provided for in other legislations,” the Daily Monitor reports. “Deputy Speaker of Parliament Anita Among made the communication to the House …”

The bill has been returned to the Parliamentary Committee on Legal Affairs for review “to address the redundancies.”

Although this is a positive development for LGBTQ Ugandans and activists, the East African country is embroiled in harsh queerphobic sentiment institutionally. And there still exists a culture that makes it unsafe to live in Uganda as a queer person.

The Washington Blade spoke with Ikechukwu Uzoma, staff attorney for RFK Human Rights, and Adrian Jjuuko, executive director of Human Rights Awareness and Promotion Forum (HRAPF), before Museveni’s announcement about the details of the Sexual Offenses Bill and how its enactment could reshape Uganda’s LGBTQ landscape.

What is the Sexual Offenses Bill?

The Sexual Offenses Bill, which MP Monicah Amoding originally introduced in 2015, “seeks to consolidate laws relating to sexual offenses and provide procedural and evidential requirements during trial of sexual offenses and proposes several measures to check among others, sexual harassment in schools by guardians or teachers.”

The bill would also criminalize same-sex relationships and sex work.

“The laws were passed … reiterating sections of legislation first enforced in the country by British colonial rule,” the Guardian reports. “They condemn same-sex couples who perform acts deemed against the ‘order of nature’ to 10 years’ imprisonment.”

OutRight Action International also notes “same-sex relations have been criminalized in Uganda since British colonial times in sections 145 on ‘unnatural offenses’ and 148 on ‘indecent practices’ of the Penal Code, with a maximum sentence of life in prison foreseen. Clause 11 of the Sexual Offenses Bill further confirms this existing criminalization.”

Parliament passed the bill in May of this year. Questions regarding its legitimacy rose among LGBTQ individuals and activists as Museveni won his sixth presidential term and new MPs were sworn in.

“[When the bill was enacted], that was a time when Parliament was coming to an end, before we went into elections and [installed] a new Parliament,” said Jjuuko. “So when the new Parliament was sworn in, there was a question around what the actual legal status of a bill was that had been passed by Parliament, but not signed by the president.” 

Although the proposed legislation went through an “in limbo” phase and was not fully bonafide, Jjuuko said Ugandans treated the legislation as if it were fully implemented. 

“In Uganda, the law matters, but it also doesn’t. In other words it doesn’t matter what the situation is. With what the law right now is, the persecution of LGBT people will remain,” said Jjuuko.

Jjuuko further mentioned that when politicians have legislative ideas, they campaign for them in Parliament discussions and media appearances, thereby signalling to the country’s population the seriousness of whatever ideas they propose. Additionally, the word “bill” in Luganda, the country’s local language, has the same translation as the word “law.” 

These campaigns, coupled with the lack of a clear distinction between a bill and law in Luganda, create a general culture where the country’s population will behave as if it were an instituted law, regardless of whether it has been signed or not.

In response to what this means for law enforcement officials and how they would treat LGBTQ citizens, Jjuuko said that police officers rely on a new form of LGBTQ persecution: Charging individuals with committing “negligent acts.”

“The police, who should know better, usually charge people with either an existing offense or some new offense,” said Jjuuko. “There’s now a new trend in Uganda [where police officers] charge someone with negligent acts of spreading disease infections, and this comes from provisions in the old penal code which is not even about COVID-19. It just [resurfaced when the pandemic began].” 

Jjuuko also said the police are aware that they’re unable to charge an individual with “carnal knowledge.” They hence resort to charges of participating in intimate acts that can spread disease infections. So, even though general conversations focus on minimizing the spread of COVID-19, the larger picture depicts a commercial campaign to curb LGBTQ rights in Uganda.

This has led to an increase in mass arrests of LGBTQ individuals, with 44 people being arrested as recently as June, and consequently being charged with breaching pandemic restrictions as they pertain to the sizes of public gatherings.

What’s next?

Now that Museveni has refused to assent the bill, it has been returned to Parliament for further review. It will be presented to him again for re-consideration. 

Jjuuko mentioned that if Museveni refuses to assent the bill once again, Parliament can enact it into a law by voting and taking advantage of what they call a “supermajority.”

In the event this happens Uzoma said, “it’s very easy, we [RFK Human Rights] just follow [Jjuuko’s] lead, and do whatever he tells us to do. [However], I think that [the bill being passed] really does change the matrix of decision making and planning.”

Uzoma further mentioned that whatever work RFK Human Rights is currently doing they will continue to do. If the bill is passed, it is inevitable that there will be more arrests and convictions. Therefore, the U.N.-style engagements that RFK Human Rights has had in the past around such detentions would continue.

Uzoma also said that the RFK Human Rights would also probably create a well-structured campaign that not only serves those in Uganda, but also covers the extraterritorial jurisdiction components detailed in the bill that would make it illegal for Ugandans to participate in same-sex relations outside of the country.

Jjuuko is certain his advocacy work will persist. 

“I know for sure that whatever happens, our work will go on. Nothing is going to stop us because I kind of feel like we’ve lived through worse,” said Jjuuko.

Jjuuko is aware of society’s progress with adopting more favorable views of the LGBTQ community and has emphasized that this has also influenced progress for Uganda.

“There’s positive continuous progress [and] they are fighting us because they know that we are winning and making progress. So, [the endless persecutions] are signs that [the government] also realizes something is wrong in their own strategy of making sure that there are no LGBTI people in Uganda,” said Jjuuko.

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Out in the World: LGBTQ news from Europe and Asia

Latvia’s civil unions law took effect Monday

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(Los Angeles Blade graphic)

LATVIA
Latvia’s law allowing same-sex couples to form civil unions came into effect Monday, and the first queer couples have already registered their unions in the Baltic nation.

Maksims Ringo and Janis Locs were the first same-sex couple to register their civil union. They did so in a ceremony at a legal office in the capital, Riga, where they exchanged silver rings, stating that they were saving gold rings for a date when Latvia legalizes same-sex marriage.

“I feel excited, kind of emotional about it as well because it is a really big step and not only for us, for the country itself. And being first, it’s all the publicity that comes with it as well. It kind of is a bit, I would say, a bit stressful, but at the same time I feel happy that we can finally do it,” Locs told Reuters.

Latvia amended its constitution to ban same-sex marriage in 2005, but in 2020, the Constitutional Court ruled that the state must give same-sex couples the same benefits that straight married couples have. In 2022, a deadline imposed by the court lapsed, and couples began applying to the courts to have their relationships recognized. 

Last year, the Latvian parliament finally passed a law formalizing same-sex civil unions, but the compromise legislation has frustrated some LGBTQ activists in the country as it leaves out key rights demanded by same-sex couples. Latvia’s civil unions do not allow couples to adopt children, nor do they get key inheritance rights, they’re concluded at a notary office instead of at the civil registry, and the government still will not recognize foreign same-sex marriages. 

The bill was also bitterly opposed by conservative, anti-LGBTQ groups. They attempted to force a referendum to block the bill but were unable to come up with the required signatures before the legal deadline.

With legal civil unions in Latvia, all but five EU countries recognize some form of same-sex union: Lithuania, Poland, Slovakia, Bulgaria, and Romania. 

In neighboring Lithuania, a civil union bill awaits a final vote in parliament but has stalled amid infighting between liberal and conservative factions of the coalition government. This week, the liberal faction threatened to block the appointment of a European commissioner unless the conservatives agreed to pass the bill.

In Poland, the governing coalition appears to have finally agreed to pass a civil union bill, albeit one that has been watered down significantly. The resulting bill will not allow any adoption rights, nor a common surname, and will be concluded by notaries and without a ceremony rather than civil registries. The government hopes to bring the bill forward this month.

The European Court of Human Rights has ruled that all member states must provide some form of civil union to same-sex couples to be in compliance with the nondiscrimination and family rights guaranteed by the European Convention on Human Rights. 

The French National Assembly (Public domain photo)

FRANCE
Voters gave a big boost to the far-right National Rally party in Sunday’s first-round parliamentary elections, with the Rally taking 33 percent of the vote, while the left-wing New Popular Front took 28 percent, and President Emmanuel Macron’s centrist Together bloc took 21 percent.

Parties are now jockeying for voter support in the second round, and NPF and Together have begun discussions at mutual endorsements to block the National Rally.

In France’s system, if no candidate in a given district wins 50 percent of the vote, the top two vote-getters, and any candidate who gets at least 12.5 percent of registered voters advances to the second round, which is decided by plurality vote. Because of higher-than-usual turnout of 67 percent, there are a large number of three-way races in the second round — over 300 according to official results, when the previous record was 76. 

The left-wing NPF has announced it will withdraw any candidates who advanced and placed third on the ballot, in order to create a “republican front” against the National Rally. While Macron has not made a formal statement on withdrawing third-place candidates, his prime minister, Gabriel Attal, has called on third-place candidates to step aside.

The National Rally has a long history of campaigning against LGBTQ rights but has not made that central to its program in this election, where it has focused on pocketbook issues and rejection of immigration. The National Rally has long opposed same-sex marriage, and its current leader has campaigned and voted against allowing lesbians to access IVF and supports a bill to ban gender care for minors.

Several reports have emerged of National Rally supporters committing homophobic attacks in France. 

A group of National Rally supporters allegedly attacked a gay teenager in Paris after the results of last month’s European Parliament elections were announced and National Rally was shown to win the largest number of sets. They were reported to have shouted “You’ll see when Bardella is in power and Hitler comes back!” and “In three weeks, we will be able to smash up f*gs as much as we like. I can’t wait.” The attackers were arrested.

GEORGIA
A package of extreme anti-LGBTQ bills sailed through first reading in the Georgian parliament on a 78-0 vote that was boycotted by most of the country’s opposition parties.

Georgia has been rocked by protests since the governing Georgian Dream party introduced a passed a “foreign agents” law, which requires any organization that receives funding from out of the country to register with the government as a foreign agent. The law was inspired by a similar law in Russia and was designed to undermine opposition groups, media, and nongovernmental organizations that are often critical of the government.

The anti-LGBTQ bills are an extreme package of legislation that was also inspired by Russia. The bills ban recognition of any same-sex relationships, forbid recognition of gender other than birth sex, forbid any medical treatment for gender change, and criminalize any advocacy for LGBTQ rights. The government says it hopes to pass the legislation by the fall ahead of national elections in October.

The bills are also designed to undermine the opposition, by forcing them to defend LGBTQ rights, which remain deeply controversial in the conservative Christian country. Opposition leaders have also made it clear that their boycott of the bill does not mean they support LGBTQ rights.

Both the anti-LGBTQ bills and the foreign agents bill have put the country on a collision course with the EU, which it has expressed a desire to join, and which granted it candidate status last year. 

EU accession is very popular among the Georgian public, but the Georgian Dream party is more closely aligned with Russia, and frequently demonizes the EU by equating its values with LGBTQ rights.

Last week, EU candidates Moldova and Ukraine opened formal negotiations to join the bloc, although it is expected that it will be many years before membership is granted.

Indian flag (Photo by Rahul Sapra via Bigstock)

INDIA
The high court of India’s Kerala state upheld the right of LGBTQ people to live autonomously, as it rejected a petition from the parents of a 23-year-old who sought to have their daughter committed to a mental institution to “treat her sexual orientation.”

The young woman had fled her family and was living with her partner, a transgender man. Her family members repeatedly attempted to violently abduct her from her new home.

The court ruled that the woman has a right to live her life on her own terms and that sexual orientation is an innate part of a person’s identity.

The court also directed the parents to hand over all of their daughter’s personal documents, which they had been withholding, in an attempt to force her to return to them, and the court warned the family against committing violence against her.

Same-sex relationships are not illegal in India, although last year the Indian Supreme Court ruled that the government does not have to recognize same-sex marriage, leaving that question to parliament.

HONG KONG
Ten same-sex couples from Hong Kong were legally married in the U.S. over the internet this week, in a mass ceremony to celebrate Pride week.

The 10 couples took advantage of a program available through the state of Utah, which allows people to get married via an internet ceremony. 

Utah has become a go-to destination for same-sex couples seeking to get married even though they live in countries that don’t recognize same-sex marriage. Utah allows couples to get married even if they’re not physically present in the state, while most states require couples to at least be present, if not resident in the state.

Hong Kong does not currently allow same-sex marriage, although last year its Court of Final Appeal ruled that the local government should offer some form of relationship recognition to same-sex couples within two years. That deadline comes up next September.

“In Hong Kong, there’s not yet a way to go to a marriage registry to get married, but there’s still this way we can offer for them to realize their dreams of getting married,” wedding organizer Kurt Tung told the Associated Press.

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Toronto Pride parade cancelled after pro-Palestinian protesters disrupt it

Protest took place more than three hours after it began

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The 2024 Toronto Pride parade on June 30, 2024. (Screen capture via Johnny Strides/YouTube)

Toronto Pride parade organizers on Sunday cancelled the annual event after a group of pro-Palestinian protesters disrupted it.

Media reports indicate more than two dozen protesters blocked the parade near the intersection of Yonge and Wellesley Streets, and chanted “from the river to the sea” and “Pride was a riot.”

The Toronto Star reported the protesters disrupted the parade at around 5:30 p.m., more than three hours after it began. Toronto Pride around 45 minutes later announced the parade’s cancellation.

“Today, we made the decision to cancel the remainder of the Pride Parade out of our commitment to ensuring public safety,” they said in a statement. “While we deeply respect and uphold everyone’s right to peacefully protest, our foremost priority is the well-being of all participants and spectators.”

“We recognize the Pride parade as a highly anticipated event that many organizations and individuals eagerly prepare for,” it added. “We empathize with those who were looking forward to participating and regret any inconvenience caused by this decision.”

The Coalition Against Pinkwashing organized the protest.

Protesters disrupt NYC Pride parade

This year’s Pride Month took place eight months after Hamas launched its surprise attack against southern Israel.

The Israeli government says Hamas militants killed roughly 1,200 people on Oct. 7, 2023, including at least 260 partygoers and others at the Nova Music Festival. The Israeli government says upwards of 80 people who were taken hostage on Oct. 7 remain alive in the Gaza Strip.

The Hamas-controlled Gaza Health Ministry says more than 35,000 people have died in the enclave since the war began. The National LGBTQ Task Force and Outright International are among the groups that have called for a ceasefire.

The New York Daily News reported the New York Police Department on Sunday arrested 10 pro-Palestinian protesters who disrupted the city’s annual Pride parade near the Stonewall Inn. The newspaper said those who the NYPD took into custody, among other things, threw red paint onto a pickup truck inside police barricades.

The Telegraph on Saturday reported London police arrested more than 30 pro-Palestinian activists to prevent them from disrupting the city’s annual Pride parade that took place on the same day.

A Wider Bridge, a group that “advocates for justice, counters LGBTQphobia, and fights antisemitism and other forms of hatred,” last month called upon Pride organizers to ensure Jewish can safely participate in their events.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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