According to today’s Order Paper, the Bill will be presented for the second and third reading by the Bugiri Municipality legislator, Mr Asuman Basalirwa.
It is not yet confirmed whether the voting will be a show of hands as it was earlier proposed by the Speaker of Parliament, Rt Hon Anita Among.
The Bill, among others, seeks to prohibit same-sex sexual relations, strengthen Uganda’s capacity to deal with domestic and foreign threats to the heterosexual family, safeguard traditional and cultural values and protect youth/children against gay and lesbian practice through imposing penalties on the perpetrators.
For instance, if the bill is enacted in its current form, homosexuals, landlords, brothel proprietors, chief executives of pro-gay organisations, journalists and film directors face imprisonment or fines, ranging from Shs5m to Shs100m. Offences of homosexuality and attempted or aggravated homosexuality will attract a maximum of 10-year jail term while any entity promoting the vice shall pay a fine of Shs100m among others.
However, while appearing before the Legal and Parliamentary Affairs Committee last week, the Attorney General (AG), Mr Kiryowa Kiwanuka, disagreed with some ministers who were in favour of the Bill saying that it is redundant due to multiple repetitions of offences in already existing legislation.
The Attorney General said that existing laws like the Penal Code Act can be amended to cater for provisions made in the Anti-Homosexuality Bill, 2023.
He listed several clauses in the Bill which he said are already catered for in existing laws which he said could tantamount to duplication if the Bill is passed.
The Attorney General cited clause 2 of the Bill that provides for the offence of homosexuality which he said is addressed by section 145 of the Penal Code that penalises unnatural offences.
Article 145(a) and (c) of the Penal Code states, ‘Any person who has carnal knowledge of any person against the order of nature’ and ‘any person who permits a male person to have carnal knowledge of him or her against the order of nature...commits a crime and is liable to imprisonment for life’.
The Attorney General said this provision already criminalizes homosexuality as is suggested in the Bill.
“If clause 2 of the Bill is to stand, there may be need to have a consequential amendment of the Penal Code Act. This is to bring clarity to the meaning of the phrase ‘against the order of nature’,” said Kiryowa Kiwanuka.
He cited clause 3(1)(b) of the Bill which stipulates that a person commits the offence of aggravated homosexuality where the offender is a person living with HIV.
The Attorney General said that existing laws like the Penal Code Act can be amended to cater for provisions made in the Anti-Homosexuality Bill, 2023.
He listed several clauses in the Bill which he said are already catered for in existing laws which he said could tantamount to duplication if the Bill is passed.
The Attorney General cited clause 2 of the Bill that provides for the offence of homosexuality which he said is addressed by section 145 of the Penal Code that penalises unnatural offences.
Article 145(a) and (c) of the Penal Code states, ‘Any person who has carnal knowledge of any person against the order of nature’ and ‘any person who permits a male person to have carnal knowledge of him or her against the order of nature...commits a crime and is liable to imprisonment for life’.
The Attorney General said this provision already criminalizes homosexuality as is suggested in the Bill.
“If clause 2 of the Bill is to stand, there may be need to have a consequential amendment of the Penal Code Act. This is to bring clarity to the meaning of the phrase ‘against the order of nature’,” said Kiryowa Kiwanuka.
He cited clause 3(1)(b) of the Bill which stipulates that a person commits the offence of aggravated homosexuality where the offender is a person living with HIV.
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