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Country/Region -
Uganda
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Written by walusimbi
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Sat, 04 Jun 2011 10:21 |
By Walusimbi Ronnie (Ph. D)Kampala
A human rights Tsunami has continued to gather pace in Uganda, East Africa whether homosexuals are entitled to any form of human rights as a minority groujp in a country which is predominantly heterosexual. In the Penal Code one of the country's statutory instruments, homosexuality is a criminal offence. Homophobia is institutionalised and registered on most citizen's psychic. Gay marriages are criminal offences and gay bashing is a full time job in Uganda. There is a high level of stigmatisaation. The only safe place for homosexuals is the closet.
Homosexuality is prohibited in many African countires with gays, lesbians, bisexual and trasgender living secret lives to avoid prejudice. As of writing, Uganda's Parliament, the law making organ is in the process of preparations to resume debate on a proposal known as the Private Members Anti-Homosexuality Bill 2010. On its first reading, the Donor community threatned to withdraw their funding of government's expenditure in the different sectors. Fifty one per cent of the country's budget benefits from this fiscal generosity of the donors. The issue now has a bearing on the country's foreign policy.
The Minister of State for Gender James Bahati, the arctechture of the Bill has come under intense criticism from civil organisations and stake holders for his narrow mindedness as far as minority rights are concerned. One of the salient and controversial provision in the Bill is the death penality to suspects found guilty of engaging in homosexual acts. There is also extended prison sentences for any one alleged to be carrying out recruiting drives for homosexual related activities.
What is surprising on the contrary is that Uganda's constitution 1994 chapter Four Article 29 provides for the fundamental human rights including privacy which every Ugandan are entitled to. The same supreme law provides for the age of consensual sex as 18 years. This uner normal circumstances implies that cvonjugal rights between two consenting adults even if homosexual is aprivate affair between two people. There is also what can be described as a fallacy of be;ief that homosexuals are posing a threat to the African family unit and values, for instance causing the diintegration of the nucleuos family. This, in addition to allegations that homosexuality is a primary conduit for HIV/AIDS transmission.
There has never been in Uganda any independent survey to establish sttistics as empirical evindence to support these allegations. There is a school of thought among liberal-minded Ugandans including this writer, that instead of ostracising thse minorities (homosexuals) they should be tolerated fundamentally because they are humans too. This is in accordance with the various provisions of the Universal Declaration of Human Rights (UDHR 1948). fOR INSTANCE, Article 1 stipulates the right to equality before the law as well as Article 12 which provides for freedom from interference with privacy, family, home and correspondence respectively.
This is in addition to other human rights Optional Protocols to which Uganda is a party. The African Charter on Human Rights (1981), echoes these provisions. The entitlement or later on enjoyment of these universal histolrical principles cannot be selective in application because of their universality in application. Therefore, even though homosexuals are a minority group, an environment of tyranny of the majority is offensive to democracy and does not apply in today's global village. The Homosexual Bill there is no doubt targets the minority whose rights should be jealously protected, promoted without fear of favor.
A homosexual act between two consenting adults in their privacy does not need to be legislated against as it does not in any way interfere or infringe on the rights of others. Conservative Theologians are also on the homophobia band wagon, arguing it is a cardinal sin. Their oversight is that the designated "sinners" are also God's creation who is a God of mercy accomodative of all His creations.
Homophobic governments need to draw lessons from the United States experience where recently, President Barack Obama, gave these minorities audacity of hope by revoking an old-fashioned US military policy of "Don't Ask, Don't Tell." This was wherby homosexuals wishing to join the army or already serving had to keep their sexual preferences a secret and stay in the closet. Recent reports are indicating that the US might have the first gay presidential candidaate Fred K. running on the Republican Ticket next election cycle 2012. This would be as historical as the election of Obama as the first African-American to ascend the highest office in the world.
The South African experience also provides insghtful lessons on homosexual minorities where legislation favorable to the gay and lesbians has long been put in place to protect them from unwarranted arbitrary harrassment and stigmatisation. All sober and liberal-minded citizens of the world therefore, should marshall their voices through whatever means to protect the rights of the minorities. This, in order to enhance tolerance and peaceful co-existance in the world. This is the essence and meaning of human rights. Alluta Continua. (The struggle continues)!
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Last Updated on Wed, 22 Jun 2011 15:55 |
