BEYOND A MYOPIC EYE; A CRITIQUE OF THE ANTI-

HOMOSEXUALITY BILL 2009.

An Undergraduate Dissertation Submitted to the School of Law In Partial
Fulfillment of the Requirements for the Award of the Degree of Bachelor of
Laws of Makerere University.
SUPERVISOR
PROF. FREDRICK. W. JJUUKO
BY
NTUMWA WILLIAM MOSES
ntums10@yahoo.com
JUNE 2013
i
DECLARATION
I, NTUMWA WILLIAM MOSES, declare that this dissertation is my original work and has not
been presented by any individual to any other institution or university for any award.
Signed Date
NTUMWA WILLIAM MOSES
ii
DEDICATION
I dedicate this dissertation to my lovely parents; Mr. Lasto Namakajjo and Mrs. Prossy
Nakitendde Namakajjo, my awesome siblings; Mr. Ddamulira Twaha, Miss. Nankya Mariam,
Eng. Moreen Nabisibo and Racheal Namutebi who have been with me all the way through.
iii
ACKNOWLEDGEMENTS
In the first place, I thank the almighty God for the life and favour He has given me all the way
through this research.
I appreciate the untiring direction and guidance given to me by my supervisor Prof. F.W. Jjuuko
who dedicated his valuable time reading and correcting this work. Your professional guidance
which enabled me to produce standard work is greatly honored. I also greatly appreciate all the
moral and academic help given to me by my lecturer and academic tutor Miss. Joyce Ngaiza.
I acknowledge the financial and moral support received from my family especially my parents
Mr. and Mrs. Namakajjo who have enabled me dine with the educated, I appreciate everything.
I greatly acknowledge my brother Mr. Ddamulira Twaha for the moral and financial support may
God reward you abundantly. My sisters Mariam, Moreen and Racheal for their encouragement,
you guys are the best.
Special thanks for the moral support also goes to my friends; June, Ibrahim, Ausi, Bakka, Amy,
Hellen who, as my reading group members contributed pricelessly to the completion of my
research.
Finally, am grateful to Karen Colvard, Kristen Cheney, Victor J Mukasa, Frank Mugisha and
Pepe Julian Onziema for their time and priceless information without which I would not have
actually completed this research.
iv
APPROVAL
This is to certify that this dissertation, namely; BEYOND A MYOPIC EYE; A CRITIQUE
OF THE ANTI HOMOSEXUALITY BILL 2009 was done under my supervision.
Signed
.. Date
PROF. F.W. JJUUKO.
v
TABLE OF CONTENTS
DECLARATION..................................................................................................................................................i
DEDICATION....................................................................................................................................................ii
ACKNOWLEDGEMENTS..................................................................................................................................iii
APPROVAL...................................................................................................................................................... iv
CHAPTER ONE .................................................................................................................................................1
1.1 INTRODUCTION/BACKGROUND OF THE STUDY .................................................................................1
1.2 Statement of the problem......................................................................................................................4
1.3 Outline of chapters................................................................................................................................4
1.4 Operational definitions..........................................................................................................................5
1.5 General objective ..................................................................................................................................5
1.6 Specific objectives ................................................................................................................................5
1.7 Research questions/ hypothesis.............................................................................................................6
1.8 Scope of the study.................................................................................................................................6
1.9 Significance of the study.......................................................................................................................6
1.2 Literature review.......................................................................................................................................6
1.2.1 Existing legislation.............................................................................................................................7
1.2.2 Origins and causes of homosexuality.................................................................................................8
1.2.3 Religion and homosexuality...............................................................................................................9
1.2.4 International concerns for and against the Bill ................................................................................10
1.2.5 Human rights concerns against the Bill ...........................................................................................11
1.3.0 Methodology........................................................................................................................................13
1.3.1 Study area.........................................................................................................................................13
1.3.2 Research design ...............................................................................................................................13
1.3.3 Study population..............................................................................................................................14
1.3.4.0 Sampling.......................................................................................................................................14
1.3.4.1 Sampling technique...................................................................................................................14
1.3.4.2 Sample size. ..............................................................................................................................14
1.3.5 Sources of data.................................................................................................................................14
1.3.6.0 Data collection ..............................................................................................................................15
1.3.6.1 Data collection methods............................................................................................................15
vi
1.3.6.2 Data collection tools..................................................................................................................15
1.3.7 Quality control .................................................................................................................................15
1.3.8 Ethical consideration........................................................................................................................16
1.3.9 Data analysis ....................................................................................................................................16
1.3.10 Limitations of the study .................................................................................................................16
CHAPTER TWO..............................................................................................................................................18
2.0 HOMOSEXUALITY BEYOND A MYOPIC EYE. .........................................................................................18
2.1 DEFINITION OF HOMOSEXUALITY.......................................................................................................18
2.2 HOMOSEXUALITY IN A HISTORICAL PERSPECTIVE..............................................................................19
2.3.0 THE CAUSES OF HOMOSEXUALITY...................................................................................................20
2.3.1 The Kinsey theory that people are not born gay .........................................................................22
2.3.2 Alleged evidence of the biological origin of homosexuality........................................................22
2.3.3 The Brain Studies of Simon LeVay................................................................................................23
2.3.4 Theories concerning the anterior commissure............................................................................25
2.3.5 The corpus callosum theory.........................................................................................................26
2.3.6 The Bailey and Pillard Study of Twins ..........................................................................................27
2.3.7 Gene Studies of Dean Hamer.......................................................................................................28
2.4 THE NEXUS BETWEEN CULTURE, RELIGION AND HOMOSEXUALITY IN UGANDA ..............................31
2.4.1 Introduction .................................................................................................................................31
2.4.2 HOMOSEXUALITY IN THE PRE COLONIAL TRADITIONAL UGANDAN SETTING. ............................31
2.4.3 RELIGION AND HOMOSEXUALITY IN UGANDA. ...........................................................................32
2.5 INTERNATIONAL CONCERNS ABOUT UGANDAS ANTI HOMOSEXUALITY BIL 2009. ..........................38
2.6 CONCLUSION.......................................................................................................................................40
CHAPTER THREE............................................................................................................................................41
3.0 THE ANTI HOMOSEXUALITY BILL IN A HUMAN RIGHTS PERSPECTIVE....................................................41
3.1 DEFINITION AND HISTORY OF HUMAN RIGHTS IN UGANDA........................................................42
3.2 THE BILL AND THE 1995 UGANDA CONSTITUTION.............................................................................42
3.3.0 THE BILL AND THE HUMAN RIGHTS AT STAKE IN UGANDA.............................................................45
3.3.1 Freedom from discrimination. .....................................................................................................46
3.3.2 The right to life.............................................................................................................................47
3.3.3 The freedom from torture ...........................................................................................................48
3.3.4 The right to a fair trial ..................................................................................................................49
3.3.5 The freedom of speech and expression.......................................................................................50
vii
3.3.6 The right to privacy of person, home and other property...........................................................52
3.3.7 The Right to health.......................................................................................................................54
3.4 CONCLUSION.......................................................................................................................................55
CHAPTER FOUR .............................................................................................................................................56
4.0 FIELD WORK FINDINGS AND ANALYSIS...................................................................................................56
4.1 Introduction.........................................................................................................................................56
4.2 Data presentation and discussion...................................................................................................56
4.3.0 Questionnaire findings and analysis ................................................................................................57
4.3.1On what is homosexuality?...........................................................................................................61
4.3.2 On what are the causes of homosexuality in Uganda?................................................................62
4.3.3 On what would you do if you found out that your child is a homosexual?.................................63
4.3.4 On who are aware of the Anti Homosexuality Bill and its contents?..........................................64
4.3.5 On would you want the Anti Homosexuality Bill to pass into Law? ............................................65
4.3.6 On is homosexuality natural? ......................................................................................................66
4.3.7 On does your religion support Homosexuality? ..........................................................................67
4.3.8 On would you sit next to a homosexual in a church, mosque or shrine?....................................68
4.3.9 On does your culture support homosexuality? ...........................................................................69
4.3.10 On would you rather accept Human Rights or Culture?............................................................70
4.3.11 On do homosexuals have the same rights as heterosexuals? ...................................................71
4.3.13 On is homosexuality a western import?....................................................................................72
4.3.13 On what are your views about the Anti Homosexuality Bill? ....................................................72
4.4.0 Interview findings and analysis............................................................................................................73
4.4.1 An exclusive interview with the Hon. David Bahati .....................................................................73
4.4.2 An exclusive virtual interview with Victor Mukasa......................................................................75
4.4.3 A word with an anonymous closeted homosexual...................................................................78
4.4.4 An interview with Miss Joyce Ngaiza...........................................................................................79
4.4.5 An interview with Miss Karen Colvard.........................................................................................81
4.4.6 A quick virtual interview with Miss Kristen Cheney.....................................................................82
CHAPTER FIVE ...............................................................................................................................................84
5.0 SUMMARY OF THE STUDY, CONCLUSIONS AND RECOMMENDATIONS.................................................84
5.1 Introduction........................................................................................................................................84
5.2 Summary of the study.........................................................................................................................84
5.3 CONCLUSION.......................................................................................................................................85
viii
5.4.1 RECOMMENDATIONS.......................................................................................................................86
5.4.2Recommendations to the government of Uganda. ......................................................................86
5.4.3 Recommendations to the LGBTI community. ..............................................................................87
5.4.4 Recommendations to the civil society and human rights organizations. ....................................87
5.4.5 Recommendations to the rest of the Ugandan population.........................................................87
REFERENCES. .................................................................................................................................................89
APPENDICES..................................................................................................................................................95
Appendix 1: Research instruments...........................................................................................................95
Appendix 1 a) Questionnaire sample....................................................................................................95
1
CHAPTER ONE
1.1INTRODUCTION/ BACKGROUND OF THE STUDY
A map of Uganda showing the different tribes, cultures and regions.
2
It should be noted and emphasized right from the start as clearly represented in the map above
that Uganda is a heterogeneous country with over 36 different tribes and about four language
families. This fact therefore indicates that Uganda is inevitably a multi-cultured country and this
is of course not to mention that fact that she is also blessed with quiet a number of religions.
However, despite Ugandas diversities in the different spheres, her leaders have since her
existence failed to appreciate this fact and have actually either gone ahead to impose laws or
even decrees that do not really reflect the views and aspirations of the people they lead.
Failure to involve citizens of a particular state in the law making process is an extremely
dangerous move by any state that professes to be a democratic one. It should be noted that all
the power held by leaders always emanates from the people and this therefore raises the need
for leaders to always consult from their electorate before passing any law that would affect the
well being of the latter.
To this end, it should be emphasized that were leaders choose to pass laws which cater for only
a particular group of individuals at the expense of the others, then questions will be raised as to
whether the ignored group is rather inferior to the favoured one?
At this point it is important to remind all Ugandans especially the Indians of the atrocities of the
Amins
1
regime which was characterized by human rights abuse, political repression, ethnic
persecution, extrajudicial killings, nepotism, corruption, gross economic mismanagement
2
,
everybody spying on the other and everybody being an enemy of the state. Sources reveal that
between 100,000 and a million people were killed including about 7000 ethnic Acholi and

1 Idi Amin was the third president of Uganda from 1971 to 1979. It should be noted that Amin never wrote an
autobiography nor did he authorize any official written account of his life and this therefore created discrepancies
regarding when and where he was born although most biographical sources hold that he was born either in Koboko
or Kampala and other unconfirmed sources state Amins year of birth from as early as1923 and as late as 1928. It is
also important to note that Legal Notice No.14 of 1971 ushered Amin into power and that it suspended several
Articles of the 1967 constitution and declared Amin the supreme law of the land. All this was through a military
coup which helped him rule over Uganda for 8 years. See http/africanhistoryabout.com/od.
2 http/en.wikipedia.org/wiki/idi-Amin
3
Lango from the army. This constituted about 2/3 of the army in his 1
st
year in power
3
. Its for
this reason that Idi Amin became the Butcher of Uganda and the most notorious of all
Africas post independence dictators
4
.
It is hurting to say that we are yet to see the same thing happen, but this time round all the
LGBT facing possibilities of being sentenced to death in the name of having committed
aggravated homosexuality and also the entire Ugandan community standing chances of death or
imprisonment in the name of procuring, abetting, counseling and aiding the commission of
homosexuality
5
.
One of the most pronounced events that characterized Amins regime was the dream he had
while on his visit to Tororo in 1972. He claimed that God had ordered him to expel from
Uganda 90,000 Ugandan Asians who held British passports
6
.
Now, pro gay activists compare the provisions of the proposed Anti homosexuality Bill to the
1972 order former dictator, president Iddi Amini gave expelling Ugandan born Asians from
Uganda because of their colour.
7
The Anti homosexuality Bill is a brain child of Hon David Bahati, 39, MP Ndorwa west
constituency Kabale district. He introduced the Bill for review and vote by parliament on
September 25, 2009. This was in support of some faith groups in Uganda namely; the church of
Uganda, born again pastors like Moses Male, Ssempa, Michel Kyazze, the then minister of state
for ethics and integrity; Hon Nsaba-Butuuro plus radical MPs like Odonga-Otto who is even
quoted to have said that he would execute his own son if he found out that he was gay
8
.

3 Patrick Keatley, Idi Amin, The Guardian, August ,18,2003
4 http/Africanhistoryabout.com/od
5 C. 7 Anti homosexuality Bill
6 Idi Amin file 3-New vision(Kampala) July 24, 2003, Alfred Wasike
7Ipsnews-net mht on 22 Feb,2010
8 Human Rights and sexual orientation Forum
4
1.2 Statement of the problem
Despite the support for the Bill, it has aroused a lot of public criticism both here in Uganda and
internationally by the so-called homosexuals themselves and the other members of the public
most especially human rights activists. This criticism has largely arisen from the objectives of
the Bill which include; to provide for marriage in Uganda as that contracted only between a
man and a woman; to prohibit and penalize homosexual behavior and related practices in
Uganda as they constitute a threat to the traditional family; to prohibit ratification of any
international treaties, conventions, protocols, agreements and declarations which are contrary or
inconsistent with the provisions of the Bill; and to prohibit the licensing of organizations which
promote homosexuality
9
.
Criticism has also arisen from fatal Clauses of the Bill, namely; Clause 3 that brings out the
offence of aggravated homosexuality that carries a death sentence
10
, and also all the other
clauses of the entire Bill that are arguably unconstitutional.
This study therefore critically assesses the provisions of the Anti homosexuality Bill particularly
anticipating the human rights violations that may be caused if the Bill is enacted into law on the
LGBT and heterosexuals here in Uganda, and also the likely impact on the 1995 constitution
and international law.
1.3 Outline of chapters
Introduction
Homosexuality beyond a myopic eye.
The Anti Homosexuality Bill in a human rights perspective.
Fieldwork findings and analysis.
Summary of the study, conclusion and recommendations.

9 Clause 3.0 of the memorandum of the Bill
10 Clause 3(2) supra
5
1.4 Operational definitions
bisexual means a person who is sexually attracted to both males and females;
Bill means the Anti Homosexuality Bill 2009;
child means a person below the age of 18 years:
gay" means a male person who engages in sexual intimacy with another person of the
same sex;
gender" means male or female;
HIV means the Human Immunodeficiency Virus;
homosexual means a person who engages or attempts to engage in same gender
sexual activity;
homosexuality means same gender or same sex sexual acts;
heterosexual means a person who engages in opposite gender sexual activity only;
lesbian means a female who engages in sexual intimacy with another female;
LGBT mean Lesbian, Gay, Bisexual and Transgender;
Sexual orientation is an enduring emotional, romantic, sexual or affectional attraction
to another person.
1.5 General objective
In this spirit the researcher focused throughout the study on assessing the constitutionality of the
Anti homosexuality Bill if it passed in to law.
1.6 Specific objectives
To find out the causes and origins of homosexuality in Uganda
To examine the impact of the Bill if passed into law on the 1995 Constitution; namely to find
out the impact of the Bill if it becomes law on the various human rights an international law.
6
To find out the societal views about homosexuality and the Bill.
1.7 Research questions/ hypothesis
What is the impact of the Anti homosexuality Bill on the 1995 constitution if it is passed in to
law?
What is the likely impact of the Bill if passed into on the global society?
1.8 Scope of the study
The study will primarily focus on the Anti homosexuality Bill 2009; namely the impact of the
Bill on the global society since it was tabled in parliament in 2009 and its likely impact on the
LGBT in Uganda if passed in to law. The study also focused on a sample of heterosexuals,
members of parliament of the Ugandan parliament and the radical clergy in Uganda.
1.9 Significance of the study.
The study critiques the Anti homosexuality Bill 2009 basing on human rights angles and
international law. It also examines the impact of the Bill on the LGBT community if the Bill is
ever passed in to law. More still the study demystifies about the origins and causes of
homosexuality and it also analyses the relationship between the LGBT and the Heterosexuals in
Uganda.
1.2 Literature review
There are quite a number of literatures and dissertations on the topic of homosexuality world
over, the most notable and recent ones being those of Akubu Jeroline in 1999
11
and that of

11
Akubu Jeroline; Homosexuality and the law. Dissertation 1998
7
Adrian Jjuuko in 2008
12
. However, all these do not address the issue of the Anti Homosexuality
Bill since they were actually all before the Bill was drafted and tabled in Parliament.
It is also important to note that there have been more writings about the topic in the recent
times especially since the Anti homosexuality Bill was tabled in parliament. Much of the
literature in Uganda about this topic has largely been in support of the Bill and only a little
criticizing it. And most of the critics have emerged from human rights organizations both
national and international.
It is important to mention that homosexuality is one of those topics which is difficult, if not
impossible to be reasonably objective about
13
. The psychological approach has always seen
homosexuality as a deviation from the sexual sphere, while the moral and ethical approach has
been more concerned about what the society thinks
14
.
1.2.1 Existing legislation
It has time without number been lamented about by Rights activists that the Anti-
Homosexuality Bill is not important solely because of the existence of a provision addressing
homosexuality under the Penal Code Act
15
. However it is important to note that this provision is
vague and doesnt actually address homosexuality as a crime simply because of the wording of
the section namely; sexual intercourse against the order of nature. This provision doesnt
specifically define what is unnatural or natural for that matter. This undoubtedly leaves Uganda
with no specific legislation against Homosexual relationships.

12
ADRIAN JJUUKO; Arent these Emperors Naked? Revealing the nexus between culture and human rights over
the issue of homosexuality in Uganda. Dissertation 2008.
13 Supra Note 11
14 Eustance Chester, Dr Humanly, speaking societys attitude to homosexual pg 66.
15 S.145 Penal Code Act
8
More still it has still been argued times without number that the constitution prohibits same sex
marriage
16
. However it is important to note right from the start the said Article 31 of the
constitution does not explicitly or impliedly prohibit same sex marriages if one is to take the
literal meaning of the wording of the Article namely; the Article provides that men and women
are free to marry and found a family for as long as they are 18 years and above and that there is
consent. It does not therefore mean that the Article dictates that marriage must be between man
and woman. Therefore basing on the above mentioned arguments, one can ably conclude that
there is no specific legislation that hinders same sex marriage or that is even prohibiting
homosexuality. However this study somewhat discusses in detail whether there actually exists a
law against homosexuality in the proceeding chapters.
1.2.2 Origins and causes of homosexuality
There have been several suggested causes and explanations put forward by doctors, writers, and
psychiatrists to explain the origins and causes of homosexuality ranging from psychological,
environmental and biological causes
17
.
There are also those who still hold the view that homosexual activity is "unnatural" or
"dysfunctional", despite the fact that research shows that homosexuality is an example of a
normal and natural variation in human sexuality and is not in and of itself a source of negative
psychological effects.
18
Scientific and medical understanding is that sexual orientation is not a
choice, but rather a complex interplay of biological and environmental factors
19
.

16 A.31 1995 constitution
17 Frankowski BL; American Academy of Pediatrics Committee on Adolescence (June 2004). "Sexual orientation and
adolescents". Pediatrics 113 (6): 182732. doi:10.1542/peds.113.6.1827. PMID 15173519
18Sexual orientation, Homosexuality and Bisexuality APA help centre org, retrieved 2010-03-30
19 Frankowski BL; American Academy of Pediatrics Committee on Adolescence (June 2004). "Sexual orientation and
adolescents". Pediatrics 113 (6): 182732. doi:10.1542/peds.113.6.1827. PMID 15173519.
9
The researcher finds Madsens book; After the Ball
20
interesting in as far as he tries to put
forward what the straights think of gays and the cause of the homo-hatred and how straights
can be persuaded to stop this hatred. Although there have been quite a number of critics
21
of
Madsens work, namely; that Madsen does not put in mind the role played by the laws in place
and their influence on homo-hatred. It is important to note that all those studies where done
before 2009, that is before the tabling of the Anti homosexuality Bill and therefore do not
reflect a clear realistic future of Uganda with a likely Anti homosexuality law. This study
therefore in the proceeding chapters exhaustively discusses the likely impact of the Anti
homosexuality law on the homosexuals in Uganda.
More still, writers like Martin Hoffman
22
have tried to show in their writings the necessity of
changing the existing laws on homosexuals in the U.S, but it should be noted that his study does
not address the Ugandan situation since it solely refers to the U.S.
Furthermore, Hoffmans study can also be criticized in the sense that it has been overtaken by
events putting in mind the fact that a lot has happened since he carried out his study, that is in
1968, of course due to the evolving nature of society.
1.2.3 Religion and homosexuality
Various faiths have also come up with mixed feelings about homosexuality here in Uganda and
world over. Christians have time without number quoted books of the bible like; Leviticus
18:22 that says that; no man is to have sexual relations with another man; Corinthians 6:9-11
that stresses the fact that homosexual perverts will not posses Gods kingdom. Many other
Biblical quotations namely; Romans 1:18-27, Jude 7 have also been quoted and these are dealt
with in the proceeding chapters.

20 Marshal Kirk& Madsen Hunter; After the Ball; how America will conquer its hatred of gays in 1990s Printed
the USA June 1989 1st edition.
21 Supra (Note No.11)
22 Martin Hoffman; Homosexuals and the law; the gay world New York: Basic books Inc 1968
10
However, the researchers concern at this point is the fact that we should not forget the freedom
of worship that is guaranteed in our very own constitution
23
which seemingly is above all the
books of faiths by virtue of the supremacy it accords itself
24
. Freedom of worship logically
stretches from freedom to join and exit a particular faith. This therefore means that if one
chooses to be a homosexual, then they have logically chosen to exit all those faiths that are
against homosexuality and therefore one cannot use those different books of faith to criticize
their actions. However as noted earlier this discussion is exhaustively dealt with in the
proceeding chapters.
1.2.4 International concerns for and against the Bill
Uganda will never exchange her dignity for money. While we are poor in terms of finances, we
are extremely rich in dignity. And we will never accept homosexuality for the sake of appeasing
other countries or as an incentive for their money, per David Bahati
25
.
Prof. Jjuuko F.W
26
argues that the 3
rd
world presents another dimension of the problem of
human rights. He further notes that the 3
rd
world experiences imperialist domination,
exploitation and oppression. And that this was first through colonialism and after attaining self
determination, it is now through neo colonialism. The learned professor goes ahead to say that
these countries present the darkest spot of human rights and that under this state of affairs it is
difficult to guarantee even a minimum of human rights.
I entirely agree with the learned professor but then this study in the proceeding chapters will
focus on the fact that both the fight for and against the LGBT community now in Uganda is
supported and fueled by the same countries. More still, the study addresses the motives of the
western world in both the fight for and a against the LBGT society in Uganda.

23 A.29 constitution 1995
24 A.2(2) ibid
25 The weekly observer; Sunday, 01 November 2009 21:46 Written by David Tash Lumu
26 The Social-Economic Basis of Natural law Revivalism and human rights by F.W.Jjuuko
11
1.2.5 Human rights concerns against the Bill
At this point it is important to note that, legal experts like Prof Sylvia Tamale have warned the
government about passing the Anti homosexuality Bill lamenting that parents, counselors,
friends, employers, legislators and health practitioners will be liable to imprisonment
27
. More
still the learned Professor during a public dialogue about the Bill on 20 Nov 2009 at the school
of law Makerere University further noted that, five of the eighteen clauses of the Bill are
problematic from the legal point of view and the attempt to outlaw the promotion of
homosexuality will affect everybody because the clauses introduce censorship and undermine
the freedom of expression, speech, association and assembly.
It is also important to note that lesbians, gays and bisexuals do not claim any 'special' or
'additional rights' but the observance of the same rights as those of heterosexual persons
28
.
At this point, it is so fundamental to note right from the start the supremacy of the 1995 and that
any other law that tends to be inconsistent to the constitution must be declared null and void to
the extent of its inconsistency
29
.
Through special criminal provisions or practices on the basis of sexual orientation, in many
countries lesbians, gays and bisexuals are denied equality in rights and before the law. Often
laws maintain a higher age of consent for same sex relations in comparison with opposite sex
relations
30
. The right to non-discrimination and to be free from violence and harassment is
usually denied by omitting sexual orientation in anti-discrimination laws, constitutional
provisions or their enforcement
31
.

27 The Daily Monitor of 20 Nov 2009
28 www.hrea.org
29 A.2(1),(2)
30 Supra (Note 15)
31 ibid
12
The right to life may also be violated if the Bill is passed in to law. The Supreme Court here in
Uganda made the death penalty merely discretional and not mandatory
32
. Passing the Bill in to
law would logically mean that courts will be compelled to sentence those convicted of
aggravated homosexuality to death
33
. Now this will inevitably reopen the now unconcluded
debate against the death penalty which was seemingly closed by the Suzan Kigula case
34
.
The right to privacy will be infringed upon if the Bill ever passes into law
35
. It has been often
argued that the provisions of the Bill cannot be implemented without a direct infringement on
the right to privacy. Since all sexual acts are not done in public, the provisions of the Bill cannot
be implemented without invading peoples bedrooms. Now this will clearly infringe the right to
privacy which is guaranteed under the Ugandan constitution
36
and confirmed in the victor Juliet
Mukasa case
37
.
The rights to free expression and free association may be denied explicitly by law to lesbians,
gays, bisexuals and even heterosexuals simply due to the wording of C.13 of the Bill. Now this
will directly infringe upon the right to free expression and association guaranteed under the
constitution
38
.
The right to form a family is will also be violated by government by not-recognizing same sex
families and by denying the rights otherwise granted by the state to heterosexual families who
have not sought legal recognition, but still enjoy several rights. Children can also be denied
protection against separation from parents based of a parent's sexual orientation. Now this will
also be a clear violation of our constitution which provides for the right to marry and found a

32 Suzan Kigula V AG
33 C.3 Anti homosexuality Bill
34 Supra (note 6)
35 David McKenzie and Laura Smith-Spark, CNN November 24, 2012
36 A.27 1995 Constitution.
37 Yvonne Oyoo and Juliet Mukasa v. the Attorney General (2008) AHRLR 248 (UgHC 2008)
38 A.29 ibid
13
family
39
among men and women of majority age. It should be noted that this constitutional
provision does not clearly state that marriage shall only be between a man and a woman.
Therefore this will mean that if the Bill is passed with the provision
40
prohibiting same sex
marriage it will be a direct invasion upon the constitution.
The 1995 constitution provides for the right to education
41
. And this is a right that is enjoyed by
everybody irrespective of their sexual orientations. Now, lesbian, gay and bisexual students may
not enjoy the right to education because of an unsafe climate created by peers or educators in
schools. This is partly because of Clause 14 of the Bill that incriminates non disclosure of the
acts of homosexuality by those that get to know about it to the authorities.
1.3.0 Methodology
1.3.1 Study area
This study involved samples of the LGBT community in Uganda, samples of heterosexuals in
various regions of Uganda, human rights activists both national and international and views of
different clerics.
1.3.2 Research design
The researcher adopted a cross sectional descriptive study design that determines the
relationship between the provisions of the Bill and the various human rights embedded in the
1995 Constitution of the Republic of Uganda. It also specifically examines the societal feelings
and potential impact of the Bill if passed in to law on everybody but paying special attention to
the LGBTI community in Uganda.

39 A.31 ibid
40 C.12 the Bill
41 A.30 of the 1995 Constitution
14
1.3.3 Study population
The study basically focused on the LGBTI community, LGBTI rights activists, human rights
organizations both national and international, that have come out to fight for the rights of the
LGBTI, selected members of parliament and then samples of the entire Ugandan population
particularly the clergy and leaders to other faith groups.
1.3.4.0 Sampling
It was practically impossible to reach everybody mentioned in the study population and that is
why the researcher basically selected a small portion of the mentioned targeted groups
randomly through interviews and questionnaires.
1.3.4.1 Sampling technique
The researcher used simple random sampling techniques to obtain targeted sample size of the
respondents. This is because this method was to give every member of the targeted population
an equal opportunity of being included in the study and this definitely eliminated the
possibilities of bias.
1.3.4.2 Sample size.
The study involved a total of about 50 respondents. This small sample size was due to the fear
and phobia that the respondents had about the issue of homosexuality. It was also due to the
difficulty in reaching the targeted population particularly the LGBTI because of the fact that
their activities are actually covert.
1.3.5 Sources of data
The data was also obtained from both the secondary and primary sources.
15
Primary data included the first hand information that was obtained from the field. This was
basically through the use of data collection instruments such as questionnaires and also carrying
out direct interviews with the selected interviewees.
The secondary data included review of the existing related literature about the subject matter at
hand. And this also required review of text books, international conventions and protocols,
journals, magazines, the internet and other research reports.
1.3.6.0 Data collection
1.3.6.1 Data collection methods
Qualitative methods of data collection were used to ensure that the collected data represented
the study population. And the study also included data from multiple methods that
supplemented each other to enrich the results of the study.
The data was collected by the main researcher assisted by research assistants who were selected
by the main researcher.
1.3.6.2 Data collection tools
The data was collected using a structured interview schedule for stakeholders. The questions in
the interview schedule were open ended to give chance to the interviewer to probe issues that
would not have been pre-coded
Unstructured interviews were also used for in-depth, one-on-one or intensive interviews.
1.3.7 Quality control
The researcher ensured that the data collected was representative of the study population
without bias. He also obtained and maintained the quality of data. The research assistants were
also carefully selected and trained on how to administer the questionnaires, maintain
confidentiality, and observe ethics during data collection. The questionnaires were pre-tested
16
before being administered to the actual respondents to identify their validity. The questionnaires
were also checked at the end of each day to ensure completeness and any errors corrected.
Finally the questionnaires were counted and kept safely.
1.3.8 Ethical consideration
The researcher also presented a letter of introduction obtained from the School of law to the
intended respondents informing them about the legality of the study. And then after the
permission was granted, the researcher proceeded to administer the research instruments. And
consent was obtained from the respondents before they are interviewed and this was after the
study is thoroughly explained to them and confidentiality assured to them.
1.3.9 Data analysis
This involved editing the collected data, coding, tabulation, processing and analyzing it. The
researcher also designed a coding frame, and the data from the interview schedule was coded
using tallies as coding method then analyzed using the statistical package. Presentation of these
responses was done with the help of frequency tables, pie charts, bar graphs which reflected the
responses and percentage scores.
1.3.10 Limitations of the study
To begin with, the researcher faced financial constraints particularly in terms of buying
stationary, text books, a laptop and other related materials.
Related to the above, the researcher also faced constraints in terms of footing the transport bills
to the relevant research locations.
The researcher also faced a challenge of finding the relevant respondents particularly the
homosexuals, and some MPs who kept on postponing appointments.
17
The study was also limited by time namely; the researcher had approximately 3 months to
achieve all the set objectives.
18
CHAPTER TWO
2.0HOMOSEXUALITY BEYOND A MYOPIC EYE.
2.1 DEFINITION OF HOMOSEXUALITY
The word homosexual is a Greek and Latin hybrid, with the first element derived from Greek
homos, 'same' (not related to the Latin homo, 'man', as in Homo sapiens), thus connoting
sexual acts and affections between members of the same sex, including lesbianism
42
. The first
known appearance of homosexual in print is found in an 1869 German pamphlet by the Austrian-
born novelist Karl-Maria Kertbeny, published anonymously
43
.
Homosexuality is the romantic attraction, sexual activity between members of the same sex or
gender
44
. And as an orientation, homosexuality refers to an enduring pattern or disposition to
experience sexual affectionate or romantic attractions primarily or exclusively to people of the
same sex
45
. It also refers to an individuals sense of personal and social identity based on those
attractions, behaviors experiencing them and membership in a community of others who share
them
46
.
Homosexuality is one of the 3 main categories of sexual orientations along with bisexuality and
heterosexuality within the heterosexual-homosexual continuum
47
. The most common terms for
homosexual people are lesbian for females and gay for males, though gay is also used to refer
generally to both, homosexual males and females
48
.

42
Room, Adrian (198ibid6). A Dictionary of True Etymologies. p. 84. ISBN 978-0710203403.
43
"Karl-Maria Kertbeny: The Coinage and Dissemination of the Term", glbtq.com, retrieved 2012-06-12
44
"Sexual Orientation, Homosexuality, and Bisexuality", APAHelpCenter.org, retrieved 2010-03-30
45
ibid
46
ibid
47
Frankowski BL; American Academy of Pediatrics Committee on Adolescence (June 2004). "Sexual orientation and
adolescents". Pediatrics113 (6): 182732.
48
ibid
19
People with a homosexual orientation can express their sexuality in a variety of ways, and may or
may not express it in their behaviors
49
. Many have sexual relationships with people of their own
gender identity, though some have sexual relationships with those of the opposite gender, bisexual
relationships, or none at all (celibate)
50
.
Reliable data as to the size of the gay and lesbian population are of value in informing public
policy
51
. Measuring the prevalence of homosexuality presents difficulties
52
. Many people, despite
having same-sex attractions, may be reluctant to identify themselves as gay or bisexual
53
.
2.2 HOMOSEXUALITY IN A HISTORICAL PERSPECTIVE
Societal attitudes towards same-sex relationships have varied over time and place, from expecting
all males to engage in same-sex relationships, to casual integration, through acceptance, to seeing
the practice as a minor sin, repressing it through law enforcement and judicial mechanisms, and to
proscribing it under penalty of death
54
.
In Africa, though often ignored or suppressed by European explorers and colonialists,
homosexual expression in native Africa was also present and took a variety of forms.
Anthropologists Stephen Murray and Will Roscoe reported that women in Lesotho engaged in
socially sanctioned "long term, erotic relationships" called motsoalle
55
. It is also reported that,
male Azande warriors in the northern Congo routinely took on young male lovers between the
ages of twelve and twenty, who helped with household tasks and participated in intercrural sex

49
"Sexual Orientation, Homosexuality, and Bisexuality", APAHelpCenter.org, retrieved 2010-03-30
50
ibid
51
"Demographics of the Gay and Lesbian Population in the United States: Evidence from Available Systematic Data
Sources", Dan Black, Gary Gates, Seth Sanders, Lowell Taylor, Demography, Vol. 37, No. 2 (May, 2000), pp. 139154
(available on JSTOR).
52
LeVay, Simon (1996). Queer Science: The Use and Abuse of Research into Homosexuality. Cambridge: The MIT
Press ISBN 0-262-12199-9
53
http://en.wikipedia.org/wiki/Homosexuality#cite_note-apahelp-1
54
http://en.wikipedia.org/wiki/Homosexuality#cite_note-murrayroscoe-55
55
Murray, Stephen (ed.); Roscoe, Will (ed.) (1998). Boy Wives and Female Husbands: Studies of African
Homosexualities. New York: St. Martin's Press. ISBN 0-312-23829-0.
20
with their older husbands
56
. The first record of possible homosexual couples in history is
commonly regarded as Khnumhotep and Niankhkhnum, an Egyptian male couple, who lived
around 2400 BCE. The pair is portrayed in a nose-kissing position, the most intimate pose in
Egyptian art, surrounded by what appear to be their heirs
57
. However the issue of whether
homosexuality in Africa is purely an African creation is handled later on in this chapter.
2.3.0 THE CAUSES OF HOMOSEXUALITY
When I was a teenager in Mukono District, unlike many of my peers; I
was not attracted to girls Now 40, I feel disgusted when I talk about my
first sexual experience, and my only heterosexual encounter I was in
Primary Seven vacation when my elder sisters teased me that I was a
coward; why didnt I go after girls? They pointed at a girl in the
neighbourhood and dared me to approach her..Now ask her for
what?I asked them? Her, my one sister answered...And off I went,
determined to prove I was not a coward. My heroics led to an intimate
date in a banana plantation, but one to which there would be no follow
ups. I was so disgusted with the experience which I gotsince that time,
I have never tried again. I kept on wondering what was wrong with me.
Boys were chasing girls but not me.I had no idea I was gay although
three incidents stand out in my memory. There was a reverend who tried
to force himself on me at Matale Boarding Primary School. Then the
Senior Six student who forced me then in Senior One to touch his
crotch and then went ahead to make funny noises...And there was the
stranger at Kampalas Kiyembe Lane who pretended to know me and

56
Evans-Pritchard, E. E. (December, 1970). Sexual Inversion among the Azande. American Anthropologist, New
Series, 72(6), 14281434.
57
Supra (Note 54)
21
scratched my palm, before confessing, later, that he was gay although he
had a wife and childrenI think I must have been looking nice; I was not
old like nowthough I am a teacher by profession. I wont discuss my
careerI was once interdicted over funny allegations.said the late
Kato
58
This passage inevitably suggests that homosexuality is innate, but however instigated by the
environmental interactions; namely getting associated with homosexuals. But what really causes
homosexuality? This is the first and perhaps the most basic question about homosexuality.
Most of us fail to understand why anyone would want to engage in homosexual activity. To the
average person, the idea is either puzzling or repugnant
59
.
There have been several suggested causes and explanations put forward by doctors, writers and
psychiatrists to explain the origins and causes of homosexuality ranging from psychological,
environmental to biological causes
60
. Therefore asserting that homosexuality is biological in
origin suggests sexual orientation cannot be controlled. On the other hand, a belief that
homosexuality is acquired, learned, or a personal choice suggests homosexuals can control, and
therefore are responsible for, their homosexuality
61
.
However, it should be noted right from the start that the purported causes of homosexuality
discussed in the proceeding paragraphs are not necessarily the causes of homosexuality. Tim
LaHaye
62
argues in the chapter on "What Causes Homosexuality?" that, one should note that the
components listed do not cause one to become a homosexual but rather that they can contribute

58
The Observer; Understanding homosexuality ; Sunday, 20 December 2009 23:52 ; by Richard M. Kavuma
59
Paul Cameron, PhD; what causes Homosexual Desire and can it be changed?
60
Pediatrics: sexual Orientation and Adolescents, American Academy of pediatrics clinical Report. Retrieved 2009-
12-08.
61
BELIEFS ABOUT THE ORIGINS OF HOMOSEXUALITY AND SUPPORT FOR GAY RIGHTS; AN EMPIRICAL TEST OF
ATTRIBUTION THEORY; DONALD P. HAIDER-MARKEL MARK R. JOSLYN; Public Opinion Quarterly, Vol. 72, No. 2,
Summer 2008, pp. 291310
62
THE UNHAPPY GAYS: What Everyone Should Know About Homosexuality" (Tyndale House Publishers, Inc.,
Wheaton Illinois, 1978)
22
to the development of a predisposition towards homosexuality. And that, a person can (and
many do) have all these components and still not be a homosexual. He goes ahead to list the
components as to include: A Melancholy Temperament, Inadequate Parental Relationships,
Permissive Childhood Training, Childhood Sexual Trauma, Early Interest In Sex, Youthful
Masturbator And Sexual Fantasizer, Childhood Associates and Peer Pressure.
These causes have however been reduced to two main theories. One is that a homosexual
orientation is essentially dictated by genetic and or biological factorsput simply, that people
are born gay. The other theory is that homosexual attractions develop primarily as a result of
psychological and environmental influences and early experiences
63
.
2.3.1 The Kinsey theory that people are not born gay
The peculiar nature of homosexual desire has led some people to conclude that this urge must
be innate: that a certain number of people are "born that way," that sexual preferences cannot be
changed or even ended
64
. Kinseys colleague and biographer, Wardell Pomeroy, reports: By
the end of 1940 he had recorded more than 450 homosexual histories, enough to convince him
that the psychologists were making matters worse by starting with the assumption that
homosexuality was an inherited abnormality which could not be cured simply because it was
inherent. Kinsey was convinced that there was absolutely no evidence of inheritance.
65
2.3.2 Alleged evidence of the biological origin of homosexuality
A handful of studies published during the 1990s have claimed to offer evidence in favor of a
biological or genetic cause for homosexuality. Three of these in particulara study of brain
structure by Simon LeVay, a study of twins by J. Michael Bailey and Richard C. Pillard, and a

63
Supra Note 60
64
Supra Note 42
65
Wardell B. Pomeroy, Dr. Kinsey and the Institute for Sex Research (New York: Harper & Row, 1972), 76.
23
study of gene linkage and gene markers by a team led by Dean H. Hamerattracted
considerable media attention and are largely responsible for the popular belief that a gay gene
has already been found.
2.3.3 The Brain Studies of Simon LeVay
This study was premised on the assertion that the brains of homosexual men, for example, can
be shown to resemble those of heterosexual women more than they resemble those of
heterosexual men. The study that purported to demonstrate this was conducted in 1991 by
former Salk Institute researcher Simon LeVay. LeVay studied the brains of cadavers, including
18 men known to have been homosexual and one known to have been bisexual. He compared
them with the brains of another 16 men and six women whom he presumed to have been
heterosexual. He found out that INAH 3 was more than twice as large in the heterosexual men
as in the women. It was also, however, more than twice as large in the heterosexual men as in
the homosexual men. This finding indicates that INAH is dimorphic with sexual orientation
[i.e., shows a difference in structure between homosexuals and heterosexuals], at least in men,
and suggests that sexual orientation has a biological substrate
66
.
However LeVays study is criticized in as far as it suffered from serious methodological errors,
including the failure to adequately identify a control group. LeVay made questionable
assumptions regarding the orientation of the heterosexual cadavers. He assumed that they
were all heterosexual. More still, that, even though a number of the allegedly heterosexual
subjects had died of AIDS, a disease that remains far more common among homosexual men
than among heterosexuals: Sixteen subjects were presumed to be heterosexual men: six of
these subjects died of AIDS and ten of other causes
67
.

66
Simon LeVay, A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men, Science,
253: 1034 (August 1991).
67
LeVay, A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men, 1035.
24
In the same sense, LeVays study is criticized due to the fact that three of the heterosexuals
had brain clusters smaller than the mean size for the homosexuals. On the other hand, three of
the homosexuals had larger clusters than the mean size for heterosexuals. Thus, LeVay was
forced to admit, The existence of exceptions in the present sample (that is, presumed
heterosexual men with small INAH 3 nuclei, and homosexual men with large ones) hints at the
possibility that sexual orientation, although an important variable, may not be the sole
determinant of INAH 3 size.
68
Furthermore, LeVay, in fact, admitted that his claim of a correlation between this brain
structure and sexual orientation could not prove causation, or even the direction of influence,
noting that, The results do not allow one to decide if the size of INAH 3 in an individual is the
cause or consequence of that individuals sexual orientation, or if the size of INAH 3 and sexual
orientation co-vary under the influence of some third, unidentified variable.
69
Another anomaly is that, all 19 of his homosexual subjects had died of AIDS, and LeVay noted
that another problem was the possibility that AIDS patients constitute an unrepresentative
subset of gay men, characterized, for example, by a tendency to engage in sexual relations with
large numbers of different partners or by a strong preference for the receptive role in anal
intercourse, both of which are major risk factors in acquiring human immunodeficiency virus
(HIV) infection.
70
A related issue is that the allegedly smaller brain clusters might not have caused homosexuality,
but instead could have resulted from sexual activity or AIDS-related brain damage. There is
the possibility that the small size of INAH 3 in the homosexual men is the result of AIDS or its
complications and is not related to the mens sexual orientation. He further allowed that until
tissue from homosexual men dying of other causes becomes available, the possibility that the

68
ibid
69
ibid
70
ibid
25
small size of INAH 3 in these men reflects a disease effect that is peculiar to homosexual AIDS
patients cannot be rigorously excluded.
71
William Byne and Bruce Parsons, writing in Archives of General Psychiatry, also raised the
question of how AIDS could have impacted LeVays subjects, concluding that it is possible to
hypothesize a plausible mechanism by which human immunodeficiency virus infection could
account for a selective reduction in the volume of INAH3 in the homosexual men
72
.
Byne and Parsons also challenge LeVays use of animal studies to support the notion that the
INAH3 is crucial to the generation of male-typical sexual behavior and they conclude that
LeVays study can be faulted for a number of technical flaws, such as a variable method of
tissue fixation, inadequate sexual histories, and small sample sizes
73
.
2.3.4 Theories concerning the anterior commissure
Since LeVay, researchers have examined other areas of the brain to see if there are differences
between homosexuals and heterosexuals.
It has been reported that an area of the brain known as the anterior commissure (AC) is 5 times
larger in homosexual as opposed to heterosexual men, a finding that was interpreted as support
for the hypothesis that sexual orientation reflects the sexually differentiated state of the brain
74
.
However, after reviewing the evidence, researchers Mitchell S. Lasco, et al., examined the
cross-sectional area of the AC in postmortem material from 120 individuals, and found no
variation in the size of the AC with age, HIV status, sex, or sexual orientation
75
.

71
Ibid
72
Ibid pg.1036
73
William Byne and Bruce Parsons, Human Sexual Orientation: The Biologic Theories Reappraised, Archives of
General Psychiatry, 50: 235 (March 1993).
74
A study by L. S. Allen and R. A. Gorski (1991)
75
Mitchell S. Lasco, Theresa J. Jordan, Mark A. Edgar, Carol K. Petito, and William Byne, A Lack of Dimorphism of
Sex or Sexual Orientation in the Human Anterior Commissure, Brain Research, 936 (2002): 95.
26
It was also argued by Byne and Parsons that even if Allen and Gorskis findings could be
replicated, the size of the AC alone would tell nothing about an individuals sexual orientation
because the overlap of AC size between homosexual and heterosexual men was tremendous
(i.e., the size of the AC of 27 of 30 homosexual men fell within the range established by 30
heterosexual men)
76
.
2.3.5 The corpus callosum theory
Byne and Parsons in another attempt to prove that the brain structure of homosexuals differs
from that of heterosexuals assert that, there has also been recent speculation that the
morphology of the corpus callosum may be found to be female-typical in homosexual men
77
.
Such speculation is premature as the 23 studies that have sought sexual dimorphism [i.e.,
differences between men and women] in the corpus callosum have yielded conflicting results.
Although the initial studyconcluded that the splenium of the corpus callosum is larger (P=.08)
and more bulbous in women than in men, none of the 22 subsequent studies replicated the sex
difference in splenial size. Furthermore, while some researchers did replicate the finding of a
more bulbous splenium in women, others found it more bulbous in men and still others found
no sex difference. As described by Byne, some of the negative studies have been unfortunately
misinterpreted as successful replications
78
.
In conclusion, Byne and Parsons assert that, in summary, three as yet uncorroborated reports
suggest that the size of three different brain structures may vary with sexual orientation in men.
These reports must be viewed cautiously while replication studies are pending. The authors note

76
Byne and Parsons, Human Sexual Orientation: The Biologic Theories Reappraised,235.
77
LeVay. New York Times. October 7, 1991: letter
78
Byne and Parsons, Human Sexual Orientation: The Biologic Theories Reappraised, 235.
27
further that even if these inconclusive findings were consistently replicated, they could not
know whether the anatomic correlates are a cause or a consequence of sexual orientation
79
.
2.3.6 The Bailey and Pillard Study of Twins
As can be traced from the, Archives of General Psychiatry, J. Michael Bailey and Richard C.
Pillard claim to have found a higher rate of homosexuality among identical (monozygotic)
and fraternal (dizygotic) twins than among adoptive siblings. They reported that of the 7
relatives whose sexual orientation could be rated, 52 percent (29/56) of monozygotic cotwins,
22 percent (12/54) of dizygotic cotwins, and 11 percent (6/57) of adoptive brothers were
homosexual They concluded that the pattern of rates of homosexuality by type of relative
was generally consistent with substantial genetic influence
80
However critics argue that Micheal and Richards study was dominated by methodological
deficiencies. This is because Micheal and Richard themselves alluded to problems with their
sampling method; namely; that the sampling method employed in the study falls short of the
ideal genetic epidemiological study, which would involve systematic sampling from a well-
specified population. In particular, although all recruiting advertisements stated that [subjects]
were desired regardless of the sexual orientation of their relatives, there is no guarantee that
volunteers heeded this request
81
.
Further still Byne and Parsons confirm that Micheal and Richard did not employ a
systematically ascertained sample of twins. Subjectswere recruited through advertisements
placed in homosexual-oriented periodicals and, therefore, may not be typical of the homosexual
population at large
82
.

79
Ibid
80
J. Michael Bailey and Richard C. Pillard, A Genetic Study of Male Sexual Orientation, Archives of General
Psychiatry, 48 (December 1991): 1089, 1094.
81
Bailey and Pillard, A Genetic Study of Male Sexual Orientation, 1094.
82
Byne and Parsons, Human Sexual Orientation: The Biologic Theories Reappraised,230.
28
The twin study fails to support the genetic hypothesis because, in Bailey and Pillards study, the
concordance rate for homosexuality in non twin biologic brothers was only 9.2 percent
significantly lower than that required by a simple genetic hypothesis, which, on the basis of
shared genetic material, would predict similar concordance rates for dizygotic twins and non
twin biologic brothers. And, the fact that the concordance rates were similar for non twin
biologic brothers (9.2 percent) and genetically unrelated adoptive brothers (11.0 percent) is at
odds with a simple genetic hypothesis, which would predict a higher concordance rate for
biologic siblings
83
.
More still, Bailey and Pillard themselves admit that the rate of homosexuality among non twin
biological siblings, as reported by the subjects, was significantly lower than would be
predicted by a simple genetic hypothesis and other published reports
84
.
2.3.7 Gene Studies of Dean Hamer
A flurry of media reports in 1993 indicated that scientists had at long last discovered a gay
gene. The reports were based on the work of geneticist Dean Hamer of the National Cancer
Institute. Hamer, however, never claimed to have found a gene that inevitably determines that a
person will be homosexual. Rather, he claimed to have located a genetic component to some
instances of male homosexuality
85
.
Hamer claimed that they had produced evidence that one form of male homosexuality is
preferentially transmitted through the maternal side and is genetically linked to chromosomal
region Xq28.[I]t appears that Xq28 contains a gene that contributes to homosexual
orientation in males
86
. However, Hamer did not claim to have found that homosexuality is
directly inherited, like eye color. He stated that, although the observed rates of homosexual

83
Ibid. Pg. 229.
84
Bailey and Pillard, A Genetic Study of Male Sexual Orientation, 1089.
85
Dean H. Hamer, et al., A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation,
Science 261 (1993): 321327.
86
Hamer, et al., A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation, 325.
29
orientation in the maternally derived uncles and male cousins of gay men were higher than in
female and paternally related male relatives, they were lower than would be expected for a
simple Mendelian trait
87
.
In addition, Hamer did not claim that all cases of homosexuality could be explained by the
presence of this gene marker. He noted that there was a substantial number of families in which
lesbians or paternally related gay men were present. This could be explained if some instances
of homosexuality were male-limited and maternally inherited whereas others were either
sporadic, not sex-limited, or not maternally transmitted
88
.
In fact, Hamer did not even attempt to estimate what proportion of the instances of
homosexuality could be linked to this gene marker. He is quoted to have said that, at present,
we can say nothing about the fraction of all instances of male homosexuality that are related or
unrelated to the Xq28 candidate locus
89
He furthermore admitted the influence of environmental factors: Given the overall complexity
of human sexuality, it is not surprising that a single genetic locus does not account for all of the
observed variability. Sib-pairs that are discordant at Xq28 should provide a useful resource for
identifying additional genes or environmental, experiential, or cultural factors (or some
combination of these) that influence the development of male sexual orientation.
90
In their analysis, Byne and Parsons point out that the evidence actually suggests an
environmental rather than a genetic cause for homosexuality, arguing that we must at least
consider the possibility that the higher concordance rate for homosexuality in dizygotic twins
compared with non twin biologic brothers is due to increased similarity of the trait-relevant
environment in the former. This is because dizygotic twins and full biologic siblings share the

87
Ibid. Pg 322
88
ibid
89
Ibid. Pg 325
90
Hamer, et al., A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation, 32526.
30
same proportion of genetic material. Thus, any difference in the true concordance rates would
be attributable to environmental rather than genetic factors.
91
In conclusion; the formula for producing a homosexual can be illustrated in this way:
A Predisposition
Toward Homosexuality
Plus
That First
Homosexual Experience
Multiplied By
Pleasurable and Positive
Homosexual Thoughts
To Which Is Added
More Homosexual
Experiences
Multiplied By
More Pleasurable
Thoughts
---------------------------
A Homosexual
92

91
Byne and Parsons, Human Sexual Orientation: The Biologic Theories Reappraised, 22930.
92
THE UNHAPPY GAYS: What Everyone Should Know About Homosexuality" (Tyndale House Publishers, Inc.,
Wheaton Illinois, 1978)
31
2.4THE NEXUS BETWEEN CULTURE, RELIGION AND HOMOSEXUALITY IN
UGANDA
2.4.1 Introduction
Culture has been defined as the system of shared beliefs, values, customs, behaviors and artifacts
that the members of society use to cope with their world and with one another, and that are
transmitted from generation to generation through learning
93
.
It is important to note that for one to ably exhaust the discussion between culture and
homosexuality they keenly have to address what existed in the traditional Ugandan society before
the coming of colonialists and also what cannot go without mention is the issue of religion.
2.4.2 HOMOSEXUALITY IN THE PRE COLONIAL TRADITIONAL UGANDAN SETTING.
Homosexuals have existed in our part of Africa, they
were never persecuted, they were never discriminated
they were also never promoted. So the problem is on the
promotion of homosexuality. In our traditional society,
the homosexuals would be known, it would not be
approved but would be ignored
94
The issue of homosexuality in Uganda actually has a long and contested history going back to the
story of the Buganda Kabaka (King) Mwanga and the Christian Martyrs
95
. History accuses
Mwanga of executing his pages in 1886 for refusing his sexual advances because their newly
adopted religion (Catholicism) taught that homosexuality was an abomination
96
. It is claimed that

93
www.umanitoba.ca
94
BBC; Museveni again rubbishes the notion that gays are a Western import, Feb 23
rd
2012
95
Kristen Cheney; Locating Neocolonialism, Tradition, and human rights in Ugandas gay Death Penalty
96
The New Vision; When faith, state and state-inspired homosexuality clash June 02
nd
2005 By Martin Ssempa
32
Mwanga and other Ugandans had started to practice sodomy only after contact with Arabs, who
arrived in Uganda before the Christian missionaries did. However, the historical records are
purposefully vague about what exactly Mwanga did or attempted to do with his pages
97
. Written
records only reveal that the act or acts were abhorrent to missionaries and colonial administrators,
to the point that they were unmentionable. And it is thought that whatever transpired, Mwanga
would not likely have identified himself as homosexual, as this was still an emergent social
identity at the time, even in Europe
98
.
It is often argued by many Ugandans that homosexuality is a western import and rather not
African
99
. Such arguments notwithstanding, Stephen O. Murray and Will Roscoe
100
ably refute
this claim by arguing that; not only did African homosexuality exist in pre colonial times, but it
has also persisted into modern times, despite missionary erasures of sexual diversity and the
criminalization of homosexuality by both colonial and postcolonial governments
101
.
2.4.3 RELIGION AND HOMOSEXUALITY IN UGANDA.
For many years of my life, I also believed that all
homosexual behavior was wrong - whether it consisted of
anonymous hookups or committed relationships. I believed,
based on what I had read in the Bible, that even the most
loving and monogamous of same-sex relationships was evil
in God's eyes. But as I studied the Bible, my view on that
subject changed. I now believe that homosexual behavior is

97
Hoad, Neville. 2007; African Intimacies: Race, Homosexuality, and Globalization. Minne-apolis: University of
Minnesota Press.
98
Joanna Bogle , Unyielding faith: The Martyrs of Uganda/
http://www.catholicculture.org/culture/library/view.cfm?recnum=8370
99
The New York Times; Frank Mugisha; The westerners imported homophobia not homosexuality, into Africa, Dec
23
rd
2011
100
Murray, Stephen O. 1998. Diversity and Identity: The Challenge of African Homo-sexualities. In Boy-Wives and
Female Husbands: Studies of African Homosexualities .New York: St. Martins Press
101
Supra (Note 95)
33
appropriate within the confines of a committed, loving,
monogamous, lifelong, Christ-centered relationship.
Essentially, I'm arguing that a Christ-centered marriage is a
good thing, regardless of the gender of the people involved,
Justin
102
.
Religion has been defined as a system of beliefs based on humanity's attempt to explain the
universe and natural phenomena, often involving one or more deities or other supernatural forces
and also requiring or binding adherents to follow prescribed religious obligations
103
. It is
important to note that the two identifying features of religions are they to some extent (a) require
faith and (b) seek to organize and influence the thoughts and actions of their adherents
104
. Because
of this, some contend that all religions are to some degree both unempirical and dogmatic and are
therefore to be distrusted
105
.
Though the relationship between homosexuality and religion can vary greatly across time and
place, within and between different religions and sects, and regarding different forms of
homosexuality and bisexuality, current authoritative bodies and doctrines of the world's largest
religions generally view homosexuality negatively
106
. This can range from quietly discouraging
homosexual activity, to explicitly forbidding same-sex sexual practices among adherents and
actively opposing social acceptance of homosexuality. Some teach that homosexual orientation
itself is sinful
107
, others state that only the sexual act is a sin,
108
others are completely accepting of

102
GayChristian.Net member who believes God blesses same-sex marriages/ http//www.gaychristian.net.
index.php?
103
Webster's Online Dictionary for religion
104
http://www.cultureandreligion.com/
105
ibid
106
http://en.wikipedia.org/wiki/Homosexuality#cite_ref-levay_9-3
107
Sex and Society - Volume 3 - Page 824
108
ibid
34
gays and lesbians,
109
while some encourage homosexuality
110
. Some claim that homosexuality can
be overcome through religious faith and practice. On the other hand, voices exist within many of
these religions that view homosexuality more positively, and liberal religious denominations may
bless same-sex marriages. Some view same-sex love and sexuality as sacred, and a mythology of
same-sex love can be found around the world. Regardless of their position on homosexuality,
many people of faith look to both sacred texts and tradition for guidance on this issue
111
.
Here in Uganda, no particular faith condones, accepts or even promotes homosexual activity
openly. The Muslim radicals particularly; Sheikh Multah Bukenya, a senior cleric in the Muslim
Tabliq Sect argues that the vice is widely spreading among the young generation
112
. And he has
been quoted on quite a number of occasions to have initiated threats of getting rid of the gay
community in Uganda
113
. More still, the Mufti Sheikh Mubajje has also emphatically mentioned
that, this business of having few children, the Marriage and Divorce Bill and homosexuality are
here to ruin our country as well as religion so we should reject them
114
. He also notes that these
are western-oriented tendencies meant to destroy humanity which Allah through the Koran, tries
to preserve
115
.
In the protestant circles, Archbishop Ntagali is quoted to have vowed not to do anything different
from what his predecessor, the retired Archbishop Orombi, did. Firstly, he said that he has been a
member of the House of Bishops of the Church of Uganda and that they resolved not to associate

109
The Wiley-Blackwell Companion to Religion and Social Justice - Page 543, Michael D. Palmer, Stanley M. Burgess -
2012
110
Introduction to New and Alternative Religions in America, Eugene V. Gallagher, W. Michael Ashcraft - 2006
111
http://en.wikipedia.org/wiki/Homosexuality#cite_ref-levay_9-3
112
Warren Throckmorton; Ugandan Muslim cleric threatens to hunt down gays, January 19 2010.
113
We are ready to act swiftly and form this squad that will wipe out all abnormal practices like homosexuality in
our society, he said this on 15
th
Jan 2010 during Juma prayers at Noor Mosque in Kampala; ibid
114
The New Vision, April 12
th
2013; Sheikh Mubajje warns on Muslim land. By Vision Reporter.
115
ibid
35
with anybody, any church, any province in the world which condones homosexuality or promotes
it. And he adds that, this is not an Orombi position. It is the position of the church of Uganda
116
.
The Seventh-day Adventists have also openly come out to condemn homosexuality. Pastor
Blaisious Ruguri, the Seventh - day Adventist church president in East and Central Africa, is
quoted to have said that the church supports the government in the fight against homosexuality
117
.
He further says that, our stand is zero tolerance to this vice and to western influence on this
crucial issue because God says no to it
118
. He goes ahead to call upon all religious ministers, all
Ugandans, and all Africans to say no to Homosexuality
119
.
In the same vein, Pastor Male
120
went ahead to set up an organization to fight for the rights of
victims of homosexuality. He claimed many youths were being lured into homosexuality while at
school and in churches
121
.
Despite the Archbishops view against homosexual activity, some Anglican bishops, namely,
Godfrey Makumbi of west Buganda Diocese, have times without number argued that they also do
not condone homosexuality, but that sincerely it is overshadowing other problems. He is quoted
to have verbally said that, our prime problems are on everyones fingertips; corruption,
dishonesty, impudence and impunity, human [child] sacrifice, poor service delivery and absolute
poverty
122
.

116
The Observer, Thursday, 13 December 2012 22:28; Archbishop Ntagali: We reject homosexuality, but we wont
shy away from matters political, by Michael Mubangizi
117
The observer; SDA church speaks out on Anti-homosexuality Bill, Dec 17, 2012, by Fred Turyakira.
118
ibid
119
ibid
120
Director National Coalition Against Homosexuality and Sexual Abuses in Uganda (NCAHSAU).
121
The Africa Report; Homosexuality bill not necessary: religious groups and opposition politicians, Posted on
Friday, 23 November 2012 16:23
122
The Observer; Homosexuality not that serious Masaka bishop, Thursday, 27 December 2012 22:56 by Ezekiel
ssekyema.
36
It is also often argued that the clergy and Pentecostal pastors have often carried out
homosexuality or even promoted it secretly. Recently, the Catholic clerics have quite often
secretly moved away from the prison of celibacy and gotten in to secret hetero-homosexual
relationships
123
.
Now, homosexuality has been despised by the church on grounds that it is being obedient to the
Holy Scriptures in the Holy Bible which is the constitution of the church. And that it is being
obedient to the Bible, the teaching of Jesus Christ, the apostolic faith which is the Christian
heritage inherited from the Apostles, the people who worked and lived with Jesus Christ
124
. And
that the Biblical way and Gods way is one man, one wife. And that will remain the position of
the Church of Uganda
125
.
Other clerics argue that realistically this is not in our culture, because our African sexual values
are completely heterosexual, people do not fancy it here, except in Europe
126
. And they call
upon all religious ministers, all Ugandans, and all Africans to say no to homosexuality and to
stand for Ugandas sovereignty as Ugandans and as God fearing people even if the heavens
fall
127
.
There are as well other various reasons people give for condemning same sex relationships;
namely; the traditional view that, two thousand years of church tradition cannot be wrong
128
.
This approach has however been attacked on grounds that it ignores just how often church
tradition has been wrong; for example when astronomers challenged the traditional interpretations
of 1 Chronicles 16:30 and Psalms 104:5; when the Abolutionalists questioned the Biblical
support of slavery; when Martin Luther posted his 95 theses in defiance of the catholic church;

123
Fr. Anthony Musaala; Open letter to bishops, priests and laity. Tuesday, March, 12, 2013
124
Supra Note 116
125
ibid
126
Supra Note 122
127
Pastor Blaisious Ruguri, the Seventh - day Adventist church president in East and Central Africa, supra Note 76
128
Supra note 102
37
when liberal Christians began suggesting that interracial marriage was not a sin in Gods eyes. It
is argued that in these and many other cases, social pressures were the catalyst for reforming the
churchs traditions. However it is also true that there are some misguided reformers as well. The
critics of this approach are further discussed in the proceeding chapters.
More still, Christians have time without number quoted books of the bible like; Leviticus 18:22
that says that; no man is to have sexual relations with another man; Corinthians 6:9-11 that
stresses the fact that homosexual perverts will not possess Gods kingdom. Many other Biblical
quotations namely; Romans 1:18-27, Jude 7 have also been quoted.
However, it should not be forgotten that the freedom of worship is guaranteed under our very own
constitution
129
which seemingly is above all the books of faiths by virtue of the supremacy it
accords itself
130
. The freedom of worship logically stretches from freedom to join and exit a
particular faith. This therefore means that if one chooses to be a homosexual, then they have
logically chosen to exit all those faiths that are against homosexuality and therefore one cannot
use those different books of faith to criticize their actions.
In the same vein, Wayne
131
, raises a very interesting point; namely; are all apostles? Are all
Prophets? And you see all these questions require answers and the obvious answer has always
been NO. That being mentioned, it is therefore important to note that one needs not to do
everything that the Bible says to be a Christian. Therefore it is inevitable to note that one being a
homosexual does not in any way deprive them of their right of being a Christian or even a
Muslim.

129
A. 29 constitution 1995
130
A.2(2) ibid
131
Wayne A. Grudem; Bible Doctrine: Essential Teachings of the Christian Faith, library of congress Cataloging in
Publication Data 1999.
38
2.5 INTERNATIONAL CONCERNS ABOUT UGANDAS ANTI HOMOSEXUALITY BIL
2009.
Uganda will never exchange her dignity for money. While
we are poor in terms of finances, we are extremely rich in
dignity. And we will never accept homosexuality for the
sake of appeasing other countries or as an incentive for
their money, per David Bahati, the brain child of the Anti
homosexuality Bill 2009
132
.
It is argued by many that homosexuality is not African and therefore a western import. And some
clerics have even been quoted to have said that, realistically this is not in our culture, because
our African sexual values are completely heterosexual, and people do not fancy this here, except
in Europe
133
. Others have even called upon everyone to stand for the sovereignty of Uganda as
Ugandans and as God fearing people
134
.
In fact, some distinguished scholars
135
expressed concerns that African national states which in
fact never came into their own, have began to wind up. And have further noted that there is
pressure on the states by the people who have known them mostly for their oppression and who
will not mourn their demise.
Prof. F.W Jjuuko
136
argues that the 3
rd
world experiences imperialist domination, exploitation
and oppression. And that this was first through colonialism and after attaining self determination,
and that it is now through neo colonialism. In this sense, it is clear that pressure has mostly
manifested in the form of aid being preconditioned to supporting homosexuality by African states.

132
The weekly observer; Sunday, 01 November 2009 21:46 Written by David Tash Lumu.
133
Supra Note 122
134
Supra Note 117
135
Prof. F.W. Jjuuko; The state, democracy and constitutionalism in Africa, The East African Journal on Peace and
Human Rghts; Vol 2 No.1 1995
136
The Social-Economic Basis of Natural law Revivalism and human rights by F.W.Jjuuko
39
Recently David Cameron pledged to slash aid to African countries with poor records on
homosexual rights; actually international development secretary Andrew Mitchell threatened to
cut aid to Uganda if laws against gays is not dropped
137
.
The recent closure of Victoria University in Uganda is solely attributed to the Ugandan
Governments failure to drop the anti homosexuality Bill
138
.
In the same vein, after noting that over 70 countries still consider homosexuality a crime, the UN
Secretary-General Ban Ki-moon appealed for its complete and universal decriminalization,
stressing that human rights must always trump cultural attitudes and societal strictures
139
.
Mr. Ban, during his recent trips to Africa, urged leaders to do away with laws criminalizing
homosexuality. He was particularly pleased that in Malawi, he was able to secure the release of a
young gay couple sentenced to 14 years in prison with President Bingu Wa Mutharika freeing
them on the very day he asked him to
140
.
Now to emphasize the sovereignty of Uganda, the Speaker of Parliament, Rt Hon Rebecca
Kadaga, defended Ugandas right to legislate on homosexuality at the Inter-Parliamentary Union
(IPU) meeting in Canada
141
. In her own words, the Speaker said that, Ugandans "are demanding
it," reiterating a promise she made before a meeting on Friday of anti-gay activists who spoke of
"the serious threat" posed by homosexuals to Uganda's children. She even pledged to pass the law
as "a Christmas gift." However this has been condemned by some senior political analysts as
legislating with emotions
142
. It should therefore be noted from the foregoing that there has been

137
Mail Online, 10-Oct-2011, by Daniel Martin.
138
The New Vision; Victoria University closes over Anti Gay Bill; Jan 08, 2013, by Francis Kagolo
139
United Nations News Centre; 10 December 2010
140
ibid
141
Fox news. Com; Official: Uganda's anti-gay bill to be passed by end of year despite criticism abroad. Published
November 12, 2012
142
The Observer; Anti-homosexuality bill: where is our honesty? Thursday,13 December 2012 19:32; by Prof Morris
Ogenga-Latigo.
40
and there still is enormous pressure on Africa; particularly Uganda to accept homosexuality and
therefore drop the Anti homosexuality Bill form parliament. This pressure is mounted all through
the name of cutting aid
143
. But despite this pressure, it has been argued that Africa has on some
situations and under some circumstances resisted western influences on her cultures and for now,
in Africa homosexuality remains a cultural taboo and that that may be very difficult to
overcome
144
.
However, be that as it may, some analysts have rightly argued that the issue of homosexual rights
is one of human rights rather than western influence
145
. Actually it has been further argued that
the recent outcry against homosexuality in Uganda is a text book example of moral panic
146
.
2.6 CONCLUSION
In conclusion, it is crucial to note that even though homosexuality is a natural occurrence in many
individuals in Uganda just like elsewhere in the world, it is compounded by the environmental
influences as discussed in this chapter.
More still, the argument by many that homosexuality in Uganda is purely a western import is not
properly founded since history reveals that the same existed even before the colonialists first
came to Uganda. And finally the religious fight against homosexuals basing on Holy books is also
not a fair one since not every homosexual subscribes to those particular faiths.

143
For example the Swedish Minister of International Development Cooperation; Gunilla Carlsson is quoted to have
threatened to cut aid to Uganda if the Bill is passed into law.
144
Primus Igboaka; Africa Beyond Wars, Diseases and Disasters. Answers to the 101 Most Commonly asked
Questions, published by Author House 2005.
145
Cheney (supra Note 95)
146
Sexual panics may generate the creation of monstrous enemies, sexual scapegoats. This othering dehumanizes
and strips individuals and the whole communities of sexual and reproductive rights The pattern in these reactions
and counteractions hinge[s] repeatedly on questions of normative sexual citizenship reproductive accommodation
and assimilation or sexual orientation and gender resistance and defiance. Ibid.
41
CHAPTER THREE
3.0 THE ANTI HOMOSEXUALITY BILL IN A HUMAN RIGHTS PERSPECTIVE.
"Right now, you can't go to places that are crowded, because
the mob can attack us or even burn us. We can't walk alone.
We are ostracized by relatives. But if this bill passes, it will
become impossible for me to live here at all. And that part
hurts the most.
147
This passage only represents the countless lamentations among the homosexuals, human rights
activists, the international community and the rest of the global population that either lack a
chance to pour out their hearts to the public about the current threats by the Bill and also those
many individuals that have vehemently and boldly come out to express their enormous fears
about the Bill.
Such fear can inevitably be linked to the tension that dominated the Amins regime
148
. There is
therefore no doubt whatsoever that if the Bill is passed in its current form
149
Ugandans will
directly be scratched in the wounds they have sustained through human rights violations that
have characterized Uganda since the coming of colonialists
150
to date
151
and that have been
incapable of healing even by time.
It is important to note right from the start that the Bill will affect human rights either directly or
indirectly once passed into law.

147
Frank Mugisha, in an interview with Saeed Ahmed for CNN
148
Patrick Keatley, Idi Amin, The Guardian, August ,18,2003
149
The Anti Homosexuality Bill 2009
150
The British Protectorate of Uganda was a protectorate of the British Empire from 1894 to 1962
(http://en.wikipedia.org/wiki/Uganda_Protectorate)
151
UGANDA: Torture in Teso, African Confidential, 23 Feb 1990, Volume 31, No. 6 at Page 8
42
3.1 DEFINITION AND HISTORY OF HUMAN RIGHTS IN UGANDA
The notion of human rights is commonly understood as inalienable fundamental rights to which a
person is inherently entitled to simply because she or he is a human being
152
Human rights are thus conceived as universal and egalitarian regardless of citizenship, residency
status, ethnicity, gender or other considerations
153
. Human rights may therefore exist as natural
rights or as legal, regional, national and international law
154
.
It should be noted that most of the basic ideas that animated the human rights movement
developed in the aftermath of the Second World War and the holocaust atrocities, culminating in
the adoption of the universal Declaration of Human Rights in Paris by the United nations General
Assembly in 1948.
155
And therefore the ancient world did not possess the concept of universal
human rights
156
In the same vein, it should be noted that, here in Africa, the concept of communal rather than
individual rights existed
157
prior to the coming of the colonialists.
3.2 THE BILL AND THE 1995 UGANDA CONSTITUTION
In Uganda, human rights are clearly laid out in the bill of rights
158
. However, it should be
emphasized that the bill of rights is not exhaustive since there are some other rights that
individuals are entitled to enjoy even if such rights are not expressly put out in the bill of
rights
159
.

152
Sepulveda et al 2004, p.31
153
Definition; Human Rights; by Tom Head, About.com guide.
154
Nickel 2010
155
Ibid
156
Ibid
157
E T Dalfovo, J.K Kigongo, J Kisekka; ethics, Human Rights & Development in Africa, Uganda Philosophical studies
III, council for research in values and philosophy. P.151
158
Chapter IV 1995 Constitution
159
A.45 ibid
43
Rights are categorized into positive and negative rights
160
. Ethics negative rights can be
described as rights to be left alone
161
. Rebecca argues that also negative human rights entitle
individuals to behave as they consider right, without subjection to regulation or control by
governmental agencies. In contrast positive human rights depend on governmental or other
accommodations and provisions beyond an individuals own resources
162
.
The existence of rights depends on duties. Negative rights depend on the duty of governmental
and other restraint from intervention in their exercise
163
. On the other hand positive rights depend
on the duty of governmental or other intervention by affirmative acts to facilitate the enjoyment
of rights
164
.
More challenging, however may be promotion of positive human rights, because they may
depend on a governments financial resources and then the political will to allocate them to the
service of such rights
165
. The challenge is even greater regarding positive human rights to
reproductive and sexual orientation, since these have been recognized only in relatively recent
years
166
. These rights remain opposed by powerful forces of traditional religion, which once set
the agenda of public and private morality and continue to exert political influence on many
governments
167
.

160
Ball and Gready p.37 (Ball, Olivia; Gready, Paul (2006). "The no-nonsense guide to human rights". New
Internationalist (Oxford). ISBN 978-1-904456-45-2.)
161
Reproductive Health and Human Rights; Intergrating Medicine, Ethics and Law; Rebecca J. Cook.
162
ibid
163
ibid
164
TIBOR R. MACHAN; The Perils of Positive Rights Positive Rights Conflict Most of All with Our Basic Negative Rights
to Life, Liberty, and Property, APRIL 01, 2001.
165
Jean Pierre Charffour; THE POWER OF FREEDOM: uniting development and human rights, Printed in the US, Cato
Institute 2008.
166
The Promise of Liberty: A Non-Utopian Vision; Lexington Books, A wholly owned subsidiary of the Rowman &
littlefield publishing Group Inc 2009
167
Paul Djupe & Laura Olson; Encyclopedia of AMERICA RELIGION AND POLITICS; library of congress cataloging in
publication data 2003 p. 183
44
Apart from the 1995 constitution
168
, homosexual rights are also protected and guaranteed under
international and regional human rights treaties and documents; namely; the Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights
(ICCPR),
169
the International Covenant on Economic ,Social and Cultural Rights (ICESCR)
170
,
the African Charter on Human and Peoples Rights (African Charter)
171
, treaties like; the
International Convention on the Elimination of All Forms of Discrimination against Women
(the Womens Convention),
172
among others.
It should be noted that Uganda is a Dualist country due to the fact that it was colonized by the
British and international law therefore does not operate automatically but requires a process of
domestication and incorporation into the national legal system for it to apply
173
.
International law is therefore non-self-executing when it cannot, upon being entered into by the
contracting States, posses the force of law in the municipal realm of the state parties without
prior legislative action
174
.
The Dualist theory provides that international law and domestic law are separate legal systems
and that if international law is not transformed into national law through legislation, national
courts cannot apply it.
175

168
Chapter IV 1995 Constitution.
169
UN, International Covenant on Civil and Political Rights (New York: UN, 1996), GA Res.2200(XXI), 21 UN GAOR
Supp. (No.16) at 52, UN Doc. A/6316 (hereinafter ICESCR)
170 170
UN, International Covenant on Economic Social and Cultural Rights (New York: UN, 1996), GA Res.2200(XXI),
21 UN GAOR Supp. (No.16) at 52, UN Doc. A/6316 (hereinafter ICESCR)
171
Organization of African Unity, African Charter on Human and peoples Rights (Addis Abbaba: OAU 1981), Doc.
CAB/Leg/67/3/Rev.5.
172
UN, Convention on the Elimination of All Forms of Discrimination against Women (New York: UN,1979),34 UN
GAOR Suppl. (NO.21) (A/34/46) at 193, UN Doc. A/Res/34/180 (hereinafter Womens Convention)
173
Magnus Killander (editor) International law and domestic human rights litigation in Africa Pretoria University Law
Press(2010)
174
Carlos Manuel Vazquez. The Four Doctrines of Self Executing Treaties, 89 AJIL 695 at 695
175
Supra (note 147)
45
Under dualism international law and municipal law are two separate legal orders, existing
independently of one another
176
. Therefore all those rights that are spelt out in the international
conventions and covenants can also apply to Uganda that is if She went ahead to ratify or even
domesticate the same.
The principle of Pacta sunt servanda laid down under Article 26 of the Vienna convention on
the law of treaties which again Uganda is a party
177
. A country cannot invoke internal law to
violate a Treaty of which it is party
178
unless the provision of internal law is of fundamental
importance
179
. Be it as it may, some rights are not absolute and the constitution therefore
imposes some limitations
180
.
Much as it has been often argued that all human rights are equal
181
, it is also important to note
that some rights carry more weight and are thus heavier than others
182
. Such rights are called
nonderogable rights in the Ugandan context
183
and this means that they are subject to no
limitations and are therefore enjoyed even in instances where a state of emergency exists
184
.
3.3.0 THE BILL AND THE HUMAN RIGHTS AT STAKE IN UGANDA
It is inevitable to note that the lesbian, gay, bisexual, transgender and intersexual (LGBTI)
persons in Uganda have virtually no legal protections
185
. This is irrespective of the fact that,

176
Brownlie, I Principles of public international law (1998) Oxford: Oxford University
Press
177
See also Article 31(1) of The Vienna Convention on The Law of Treaties
178
A 27 of The Vienna Convention on The Law of Treaties
179
A 46 (1) of the Vienna Convention on The Law of Treaties, also; Freezones case((1932) PCIJ Ser A/B No 46 P167;)
where court held that a country party to a Treaty cannot invoke municipal law at the expense of its obligation under
the Treaty.
180
A. 43 1995 Constitution
181
Chris Jenks and Eric Talbot Jensen; All Human Rights Are Equal But some are more equal than others, Harvad
Law School National Security Journal, Nov 12 2010
182
ibid
183
A.44 1995 constitution
184
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
Dec 1
st
2003 UN Publications/ www.ohchr.org/Documents/Publications/training9Titleen.pdf
185
"Ugandans hold anti-gay sex rally", BBC News, 21 August 2007, retrieved 12 December 2012s
46
Lesbians, gays and bisexuals do not claim any 'special' or 'additional rights' but the observance of
the same rights as those of heterosexual persons
186
.
Lesbian, gay, bisexual and the transgendered (LGBT) persons are denied either by law
187
or
practices
188
basic civil, political, social and economic rights.
At this point, it is important to note that even though there are lots of rights that may be at stake,
the freedom from discrimination, right to life, freedom from torture, right to a fair trial, freedom
of speech and the right to privacy are among those rights that are most likely to be affected by
the Bill if passed into law.
3.3.1 Freedom from discrimination.
The starting point while discussing the aspect of human rights is the fact that all human rights are
inherent and not granted by the state
189
and they are therefore enjoyed equally without
discrimination as to sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or
economic standing, political opinion or disability
190
. Sex in his context has often been stretched
to even include sexual orientation
191
; that is whether one is a homosexual or heterosexual.
It is therefore evident from the foregoing that if the bill is passed into law this will inevitably
discriminate them due to provisions
192
that tend to treat the LGBTI as different from the
heterosexual simply because of their sexual orientation.

186
David Limbaugh; Persecution: How Liberals are Waging War Against Christianity
187
For example A.31 of the 1995 Constitution restricting marriage to be between man and woman.
188
Such practices include; police harassment, entrapment, the practice of chain confessions and raids on gay bars.
See Brent L. Pickett; The A to Z of Homosexuality, Published by Scarecrow Press Inc 2009 p.Xlv
189
A.20 1995 constitution
190
A21(2); also Article 2(1) of the ICCPR.
191
Toonen v Australia (UN GAOR, Human Rights Committee, 15
th
Sess, Case 488/1992, Apr.1994); the UN Human
Rights Committee explained that sex is to be taken as including sexual orientation.
192
For example Clause 3 (3) of the Bill that logically provides for mandatory HIV testing of the LGBTI charged with
aggravated homosexuality.
47
3.3.2 The right to life
A.22 (1)
193
provides that;
No person shall be deprived of life intentionally except in
execution of a sentence passed in a fair trial by a court of
competent jurisdiction in respect of a criminal offence under
the laws of Uganda and the conviction and sentence have
been confirmed by the highest appellate court.
The ICCPR
194
provides that;
Every human being has the inherent right to life and that this
right shall be protected by law and no one shall be arbitrarily
deprived of his life.
It should be noted from the foregoing that the right to life is the most essential human right
195
. It
has been often argued that without this right all the other rights are automatically extinguished
196
.
The concept of a right to life is central to debates on the issues of capital punishment
197
.
According to many human rights activists, the death penalty violates this right
198
. The United

193
1995 constitution
194
A6.1
195
State v Makwanyane (1995) 1 LRC 335
196
Villagran Morales et al v Guatemala series C, No.63, 19 Nov. 1999, para. 144; court held that the right to life is a
fundamental human right, and the exercise of this right is essential for the exercise of all other human rights. If not
respected, all rights lack meaning. Owing to the fundamental nature of the right to life, restrictive approaches to it
are inadmissible.
197
Susan kigula v AG Criminal Appeal No.1 of 2004
198
Kristen Cheney; Locating Neocolonialism, Tradition, and human rights in Ugandas Gay Death Penalty.
48
Nations has called on states retaining the death penalty to establish a moratorium on capital
punishment with a view to its abolition
199
.
At this point it is important to note that, The Bill
200
punishes aggravated homosexuality with
death. However, it is now settled that the death penalty is no longer a mandatory sentence in
Uganda and any statute that is coached in a mandatory language providing for capital punishment
is therefore unconstitutional
201
.
3.3.3 The freedom from torture
A.24
202
provides that;
No person shall be subjected to any form of torture or cruel,
inhuman or degrading treatment or punishment.
The ICCPR
203
provides that;
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one
shall be subjected without his free consent to medical or
scientific experimentation. [Emphasis added]
The Bill
204
provides that;
A person commits the offense of aggravated homosexuality
where the offender is a person living with HIV

199
"moratorium on the death penalty". United Nations. 15 November 2007. Retrieved 23 August 2010
200
Clause 3(3) of the Bill.
201
Susan kigula v AG Supra Note 48
202
1995 constitution
203
A.7(1)
204
Clause 3(1)
49
Where a person is charged with the offence under this section,
that person shall undergo a medical examination to ascertain
his or her HIV status
205
. [Emphasis added].
Torture under international law is considered to be a violation of human rights, and is declared to
be unacceptable
206
.
Subjecting one alleged to have committed aggravated homosexuality to a compulsory HIV/AIDS
test therefore tends to contravene provisions of both national and international law and the
enactment of the Bill into law will directly infringe on the untouchable freedom from torture
207
especially when it comes to the enforcement of the Bill.
3.3.4 The right to a fair trial
A.28 (3) (a)
208
provides that;
Every person who is charged with a criminal offence shall be
presumed to be innocent until proved guilty or until that person
has pleaded guilty
209
. [Emphasis added]
The right to a fair trial has been defined in numerous regional and international human rights
instruments. It is one of the most extensive human rights and all international human rights
instruments enshrine it in more than one article
210
. And it is also one of the most litigated human

205
Clause3(3)
206
Article 5 of the UN Universal Declaration of Human Rights. Signatories of the Third Geneva Convention and
Fourth Geneva Convention officially agree not to torture prisoners in armed conflicts. Torture is also prohibited by
the United Nations Convention Against Torture, which has been ratified by 147 states
207
A.44 (a) that provides that notwithstanding anything in the Constitution the freedom from torture, cruel,
inhuman or degrading treatment or punishment shall be a non derogable.
208
The 1995 Constitution
209
Also A.14 (2) ICCPR
210
Erika de Wet; The chapter seven powers of the United Nations Security Council, published in the North America
(US and Canada) by Hart publishing C/O international specialized books services ltd
50
rights and substantial case law has been established on the interpretation of this human right
211
.
Despite variations in wording and placement of the various fair trial rights, international human
rights instrument define the right to a fair trial in broadly the same terms. The aim of the right is
to ensure the proper administration of justice
212
.
Violation of this right in the context of the Bill is closely related to the fact of mandatory
HIV/AIDS testing of suspects of aggravated homosexuality
213
. This provision treats the accused
persons already guilty before they are even tried before the courts of law. It should also be noted
that the right to a fair hearing is an absolute one in the Ugandan context
214
and must therefore not
be taken away from an individual irrespective of their sexual orientation.
3.3.5 The freedom of speech and expression
Freedom of speech is the freedom to speak freely without censorship
215
. The term freedom of
expression is sometimes used synonymously, but includes any act of seeking, receiving and
imparting information or ideas, regardless of the medium used
216
.
The right to freedom of expression is recognized as a human right under the 1995
constitution
217
. This Article provides that;
(1) Every person shall have the right to
(a) freedom of speech and expression which shall
include freedom of the press and other media;

211
Gina Clayton; Textbook on Immigration and Asylum Law, oxford University press 5
th
edition
212
United Nations Report of the Human Rights Committee, Vol. 1; General assembly official records sixty-second
session supplement No.40
213
Clause 3(3)
214
A.44 (c)
215
June Jamrich Parsons, Dan Oja; New Perspectives Computer Concepts 2010: Introductory 2013
216
Naseer Ahmad Habibi; Plato's idea of democracy 2012
217
Article 29
51
(b) freedom of thought, conscience and belief which shall include
academic freedom in institutions of learning;
(c) freedom to practise any religion and manifest such practice
which shall include the right to belong to and participate in the
practices of any religious body or organization in a manner
consistent with this Constitution;
(d) freedom to assemble and to demonstrate together with others
peacefully and unarmed and to petition; and
(e) freedom of association which shall include the freedom to
form
and join associations or unions, including trade unions and
political and other civic organisations.
Article 19
218
states that;
(1) Everyone shall have the right to hold opinions without
interference.
(2) Everyone shall have the right to freedom of expression;
this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or
through any other media of his choice.
The Bill has aroused concerns as regards this particular right on a number of occasions
219
. It has
often been argued that the Bill if passed into law will not only directly prohibit the enjoyment of
the right of homosexuals to freedom of expression, but it will also hold publishers, human rights
activists, students, news paper, sales persons and editors criminally liable for promoting

218
ICCPR
219
Uganda: Human Rights in Republic of Uganda, Amnesty International (2009). Retrieved 7 January 2010.
52
homosexuality
220
. Even if this right is not absolute under the international
221
and national
222
perspective, its limitation is still governed by stringent standards that must be met by any
violator
223
namely; article 43
224
states that;
(1) In the enjoyment of the rights and freedoms prescribed in
this Chapter, no person shall prejudice the fundamental or other
human rights and freedoms of others or the public interest.
(2) Public interest under this article shall not permit
(a) political persecution;
(b) detention without trial;
(c) any limitation of the enjoyment of the rights and freedoms
prescribed by this Chapter beyond what is acceptable and
demonstrably justifiable in a free and democratic society, or what
is provided in this Constitution.
However, the limitations put forward in the Bill cannot be said to be demonstrably justifiable in a
free and democratic society
225
.
3.3.6 The right to privacy of person, home and other property.
A citizen loses a right to his/ her citizenry the moment the state
intervenes in the affairs of his/ her bedroom, and to that end that
act offends the provision of A.27 of the constitution of the Republic

220
Clause 13 of the Bill.
221
A.19 (3) of the ICCPR provides that; the exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be
such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the
protection of national security or of public order (ordre public), or of public health or morals.
222
Under A.43 of the 1995 constitution, any limitation of the enjoyment of the rights and freedoms prescribed by
Chapter IV must not be beyond what is acceptable and demonstrably justifiable in a free and democratic society, or
what is provided in the Constitution.
223
A.43 of the 1995 constitution
224
The 1995 constitution
225
Zachary Olum and Another v Attorney General (Constitutional Petition No.6 of 1999)
53
of Uganda which comprehensively provides for the right to privacy
of person
226
.
A.27
227
provides that;
(1) No person shall be subjected to
(a) unlawful search of the person, home or other property of
that person; or
(b) unlawful entry by others of the premises of that person.
(2) No person shall be subjected to interference with the
privacy of that persons home, correspondence,
communication or other property
The right to privacy in the Ugandan context has been stressed by Arach Amoko JA
228
(as she then
was). She noted that, human rights must be respected and that the actions of the officials that
molested Victor Mukasa and Oyoo were unconstitutional, inhuman, and an invasion on the
freedom of privacy. Justice Arach emphasized that the Universal Declaration of Human Rights
enjoins everyone to respect human rights and protect them in a spirit of brotherhood, which
includes sisterhood. In the same vein, the Hon Justice went ahead to award damages of 5Million
shillings to the victims.
It should be noted from the foregoing that enforcement of the Bill if passed into law will
inevitably require invasion of peoples bedrooms all in the name of finding out whether acts of
homosexuality have been committed.

226
The Minority Report of the members of the Sectoral committee on Legal and parliamentary affairs of the Anti
Homosexuality Bill 2009.
227
The 1995 constitution.
228
Yvonne Oyoo and Juliet Mukasa v. the Attorney General Misc. Application No. 247 of 2006
54
This will be closely compared to Amins regime where the right to privacy was greatly
violated
229
. It should be noted that then, Indians and city tycoons were searched for from their
bedrooms because of their colour and money respectively
230
.
More still, Prof Sylvia Tamale
231
, asserts that enforcing the Bill contents if passed into law will
require the government to put in place Anti homosexuality police patrols to hunt down
homosexuals in their bedrooms hence undermining their right to privacy.
3.3.7 The Right to health
The right to health in the Ugandan context is not expressly put out in the body of the 1995
Constitution but rather just inferred from the National Objectives and Directive Principles of State
Policy
232
by A.8A of the Constitution; namely;
(1)Uganda shall be governed based on Principles of
national interest and common good enshrined in the
national objectives and directive principles of state policy,
(2) parliament shall make relevant laws for the purposes of
giving full effect to clause(1) of this Article.
For over 3,000 years now, the doctors duty of confidence to their patients has remained
unaltered under the Hippocratic Oath
233
. The Bill
234
however imposes a sentence of 3 years on
conviction of doctors who get to know that their patients are practicing homosexuality and fail to
report them within 24hours to the authorities. This provision if ever passed into law will
therefore somewhat affect the smooth delivery of medical services to the patients who will of

229
The Human Rights defenders Uganda, And overview of the Human rights defenders in Uganda by the Human
Rights Center Uganda
230
Ugandas Anti homosexuality Bill the Great Divide, A compilation by the Civil Society Coalition for Human Rights
and Constitutional law. Dec 2009
231
Ibid
232
Objective XX of the 1995 Constitution.
233
Ian E.THOMPSON. Ediriburg medical group research project in medical Ethics and Education. University of
Edinburg
234
Clause 14 of the Bill
55
course withhold important information due to the fear of being reported by the doctors to the
authorities hence undermining the proper access to the right to health of the patients.
It is an inescapable conclusion therefore that, the already vulnerable, stigmatized HIV/AIDs
patients are further made more vulnerable and more stigmatized
235
by the Bill
236
.
Apart from the obligation pressed on state parties by the economic and social committee
237
to
promote, protect and fulfill
238
the right to health, A.8A of the 1995 Constitution is coached in a
mandatory way. Therefore instead of the parliament trying to legislate a law that will undermine
the right to health of the LGBTI, it should rather come up with a law that will promote and
respect the right to health of the LGBTI since they appear to be in vulnerable situation.
3.4CONCLUSION
In conclusion, the Anti Homosexuality Bill if passed into law in the current form will definitely
impact either directly or indirectly on certain positive and negative rights of not only the LGBTI
but also on the human rights of everybody in Uganda. And it should be noted that passing the
Bill in its current form will also tend to reopen the rather settled
239
argument about the death
penalty among other issues as raised in this chapter.

235
Dr. Paul Semugoma; The Anti Homosexuality Bill No.18 of 2009 of the Parliament of the Republic of Uganda: A
medical Perspective: Clinical Dissection of the Bill, 8
th
May 2011.
236
Clause 3(1) b) of the Bill that provides aggravated Homosexuality by people living with HIV/AIDs and also Clause
3(3) that provides for a mandatory HIV/AIDs test for suspects with HIV/AIDs.
237
Through A.12 of the Convention on Economic Social and cultural Rights
238
Economic, Social, and Cultural Rights: A Legal Resource Guide, edited by Scott Leckie, Anne Gallagher, published
by University of Pennsylvania press 2006.
239
The death Penalty argument seems to have been closed by the Susan Kigula Case where the Supreme Court held
that it is no longer mandatory for courts to pass the sentence. (supra Note 197)
56
CHAPTER FOUR
4.0 FIELD WORK FINDINGS ANDANALYSIS
4.1 Introduction
In this chapter the researcher is concerned with finding out the origins of homosexuality in
Uganda, examining the impact of the Bill if passed into law on the various human rights and
international law and lastly finding out the societal views about homosexuality and the Bill.
The findings have been compiled in line with the objectives and questions of the study in order to
reflect the methodology used to generate the data. Also, the findings have been presented in
accordance with the researchers objectives.
4.2 Data presentation anddiscussion
The findings have been compiled in line with the objectives and questions of the study in order to
reflect the methodology used to generate the data. Also, the findings have been presented
according to the instruments that were used by the researcher; namely; questionnaires and
interviews as the table below illustrates.
Sample Frame
Sample size Questionnaires Interviews
Students 18 01
MPs _ 01
Parents 02 _
Clergy _ 02
Human Rights Activists _ 03
Homosexuals 20 03
57
Others 10 _
Total 50 10
4.3.0 Questionnaire findings and analysis
As noted earlier on, this study involved issuing out questionnaires to samples of the members of
the public of different age groups, with different sexual orientations, different occupations and
located in different areas of the country as the tables below show;
Ages of respondents
Age group (in years) Number of Respondents Percentage%
12-20 04 08
21-25 16 32
26-30 06 12
31-35 05 10
36-40 05 10
40 and above 10 20
Unknown 04 08
Total 50 100
It follows from the table above that much of the sample size constitutes of those members of the
society between the ages of 12-30 years. The reason for this is that these constitute the biggest
portion of the Uganda population and they are also the most literate and exposed to the issues of
homosexuality among all the age groups considering the fact that most of these individuals are at
the highest institutions of learning namely universities and they are also the most active in the
social spheres.
58
It should also be noted from the foregoing that the researcher thought it wise to incorporate the
elders of the community; namely, those between the ages of 40 and above because these ably
provided information as to what existed in the old days thereby giving a clear image as to if
homosexuality tendencies existed in the olden days and if they did whether they really had
overwhelming publicity as they do today.
Categorization of respondents according to sex and areas of residence
Region Male (%) Female (%) Total (%)
Central 20 30 50
Western 11 08 19
Eastern 12 04 16
Northern 10 05 15
Total 53 47 100
The research captured more males than females probably because of the patriarchal nature of the
Ugandan society; that is women are not allowed to participate in such thing like answering
questionnaires since they are considered not to be in the know of anything else apart from kitchen
work. However this was not so in the central region where there is some bit of women
emancipation therefore enhancing women involvement in almost each and everything.
59
Respondents per religion
Religion Number Percentage (%)
Christian 18 36
Muslim 16 32
Traditionalist 06 12
Unknown 10 20
Total 50 100
As evident from the foregoing, a total of 50 questionnaires were issued and most of the
respondents turned out to be Christians and these included the Protestants, Catholics, the Born-
Again and the Seventh-Day Adventists. This is probably because they constitute the biggest
portion of the Ugandan population.
Thirty two percent of the respondents turned out to be Muslims, and 12% turned out to be
traditionalists. However, it should be noted that all the traditionalists turned up from the Central
region namely in the Buganda region.
And 20% of the respondents did not indicate their respective faiths probably because they did not
have any or because they could not figure out what the question posed to them through the
questionnaire really wanted considering the fact that over 40% of the respondents were from rural
areas that are highly characterized by low levels of education.
60
Categorization of the respondents according to their marital status.
The graph above shows that 85% of the respondents turned out to be single. The researcher
attributes this to the fact that some of the sample size constituted students most of whom are
presumed not to be married. And the sample size also constituted a significant number of
homosexuals who can obviously not be married in Uganda considering the fact that same sex
marriage is not allowed in Uganda.
It should also be noted that the 10% that are married are mostly those of the ages of 40 and above.
More still, those respondents that turned out to be undecided are presumed by the researcher to
be scared about revealing their marital status and this is irrespective of the fact that the
questionnaires presented to these individuals did not mandatorily require one to append their
names.
10%
85%
5%
Categorization of the respondents
according to their marital status.
Married
Single
Unknown
61
Categorization of respondents according to sexual orientations.
Sex Homosexual Heterosexual Unknown
Male 08 13 05
Female 10 07 07
Total 18 (36%) 20 (40%) 12 (24%)
Furthermore, it should also be noted that 40% of the respondents were heterosexuals probably
because they constitute the biggest portion of the Ugandan population.
Thirty six percent were homosexuals because the researcher focused his research to this
particular group considering the fact that they were more concerned about the Bill which was the
subject matter of the research.
Twenty four percent were unknown and the researcher attributes this to the fact that some
individuals especially the homosexuals fear exposing their sexual orientations to the rest of the
public due to the stigmatization attached to homosexuality and also due to fear of losing their
lives to the unwelcoming heterosexuals.
4.3.1On what is homosexuality?
Most of the respondents, namely, over 70% defined homosexuality as simply sex between
individuals of the same sex.
It should be noted however, that other respondents particularly the LGBTI and other human rights
activists noted that such a definition only tends to restrict homosexuality to sexual relations which
is a severe misconception.
62
To this end, these individuals argue that homosexual relations should not only be viewed terms of
sex since actually most of the homosexuals do not really engage in such sexual activities but
rather enjoy the companionship that they get from each other.
4.3.2 On what are the causes of homosexuality in Uganda?
When this question was posed by the researcher to the respondents quite a number for causes
were given and they include the following;
All the homosexual respondents sampled argued that homosexuality is natural, innate and
therefore not a matter of choice.
Over 60% of the respondents argued that a greater number of the Ugandan population is
poor and this has caused such individuals to get involved in homosexuality with hopes of
earning a living from the same.
The other cause raised is the western influence that has seen Uganda bow down to the
threats by most of the western donor countries specifically with regard to cutting aid to
Uganda if homosexuality is not condoned by the government.
Peer pressure was also named among the causes of homosexuality in Uganda. This cause
was raised by most of the respondents between the ages of 12-30 years.
Related to the above, the same age group; namely, 12-30 years noted that drug abuse has
also influenced individuals to engage themselves in homosexuality.
Furthermore, some respondents argue that homosexuality in Uganda is caused by mental
disorders that are so prevalent among the Ugandan population today.
Others have suggested that homosexuality is caused by the increasing numbers of single
sex schools in Uganda today. And to emphasize this point some of the respondents have
cited the recent incident at Gayaza Junior School where a primary two kid was expelled
over allegations of engaging herself in homosexuality.
63
The other cause cited by some of the respondents is the fact that there is an increasing rate
of moral decadence in Uganda today.
Other respondents suggested some individuals get involved in homosexuality due to
curiosity and the need to experiment.
4.3.3 On what would you do if you found out that your child is a homosexual?
Ninety percent of the respondents said that they would take their children for counseling if they
found out that they were homosexuals.
In the same vein, other respondents, that is 60% note that they would take their children to mental
institutions specifically to be rehabilitated. It should be noted that respondents with such ideas are
the ones that believe that homosexuality is a mental disorder.
Most importantly, parents noted that they would never give in their children to the authorities if
they discovered that they were homosexuals.
However, the researcher notes with great concern that the same individuals condemn
homosexuality and in fact support the idea of passing the Bill into law. This therefore means that
these individuals only care about what would happen to their own and do not actually care about
the effect the same Bill would have on other peoples children.
On the other hand, some respondents radically say that they would chase their children away from
their homes if they discovered they were gay. These respondents go on to say that in fact they
would denounce their children.
4.3.4 On who are aware ofthe Anti Homosexuality Bill and its contents?
It follows from the data presented from the graph above that the percentage of the homosexuals
aware of the Bill and the contents therein is very high and this is attributed to the fact that this
group is more affected by the Bill and the contents therein than any other group.
More still, as will be pointed out in the interviews section of this chapter , the
has gone ahead to educate its fellows about the c
community which has stood out to support the contents of the Bill without even knowing the
contents therein.
It is also important to note that the
are those in the rural area. On the other hand most of the few heterosexuals that are aware of the
Bill and the contents therein are the human rights activists, law students and some few elite
Ignorance about the Bill and the contents
to educate the nationals about the same
Members of Parliament Shs.5 Milli
and Divorce Bill.
0%
20%
40%
60%
80%
100%
Homosexuals
90
10
64
the Anti Homosexuality Bill and its contents?
It follows from the data presented from the graph above that the percentage of the homosexuals
Bill and the contents therein is very high and this is attributed to the fact that this
group is more affected by the Bill and the contents therein than any other group.
More still, as will be pointed out in the interviews section of this chapter , the LGBTI community
has gone ahead to educate its fellows about the contents of the Bill unlike the heterosexual
community which has stood out to support the contents of the Bill without even knowing the
It is also important to note that the few homosexuals that are not aware of the contents of the Bill
are those in the rural area. On the other hand most of the few heterosexuals that are aware of the
Bill and the contents therein are the human rights activists, law students and some few elite
Ignorance about the Bill and the contents therein is attributed to the adamancy of the government
about the same. It is also surprising that of late the government gave
Members of Parliament Shs.5 Millions each to go educate their constituents about the Marriage
Heterosexuals
25
75
No
Yes
It follows from the data presented from the graph above that the percentage of the homosexuals
Bill and the contents therein is very high and this is attributed to the fact that this
LGBTI community
eterosexual
community which has stood out to support the contents of the Bill without even knowing the
few homosexuals that are not aware of the contents of the Bill
are those in the rural area. On the other hand most of the few heterosexuals that are aware of the
Bill and the contents therein are the human rights activists, law students and some few elites.
is attributed to the adamancy of the government
. It is also surprising that of late the government gave
ir constituents about the Marriage
It is important therefore at this point to remember that the same was not done for the Anti
Homosexuality Bill yet it will also equally and more seriously affect members of the society if
passed into law in its current form.
4.3.5 On would you want the Anti Homosexuality Bill to pass into Law?
The data above shows that 100% of the homosexuals do not want the Bill pass into law and this is
simply because of the contentious clauses of the Bill; namely,
homosexuality with death. Therefore logically no homosexual can support this particular
provision and the entire Bill simply because doin
The overwhelming support of the Bill by the heteros
there is need to preserve African culture and morals and also to the fact that most heterosexuals
believe homosexuality is unnatural, unafrican and purely a western import that should not be
either condoned or even tolerated anywhere in Africa and very much so in Uganda.
It is also important to note that the few heterosexual
the human rights activists, parents who say they cannot afford losi
were homosexuals, some clergy that argue that the bible teaches love and not persecution of the
0 20
Homosexuals
Heterosexuals
0
65
It is important therefore at this point to remember that the same was not done for the Anti
Homosexuality Bill yet it will also equally and more seriously affect members of the society if
w in its current form.
4.3.5 On would you want the Anti Homosexuality Bill to pass into Law?
The data above shows that 100% of the homosexuals do not want the Bill pass into law and this is
ous clauses of the Bill; namely, the one that punishes aggravated
homosexuality with death. Therefore logically no homosexual can support this particular
provision and the entire Bill simply because doing so would be like hanging one
The overwhelming support of the Bill by the heterosexuals is greatly attributed to the fact that
there is need to preserve African culture and morals and also to the fact that most heterosexuals
believe homosexuality is unnatural, unafrican and purely a western import that should not be
even tolerated anywhere in Africa and very much so in Uganda.
It is also important to note that the few heterosexuals that do not want the Bill to pass into law are
the human rights activists, parents who say they cannot afford losing their children even
re homosexuals, some clergy that argue that the bible teaches love and not persecution of the
40 60 80 100
95
100
5
yes
No
It is important therefore at this point to remember that the same was not done for the Anti
Homosexuality Bill yet it will also equally and more seriously affect members of the society if
The data above shows that 100% of the homosexuals do not want the Bill pass into law and this is
he one that punishes aggravated
homosexuality with death. Therefore logically no homosexual can support this particular
self.
exuals is greatly attributed to the fact that
there is need to preserve African culture and morals and also to the fact that most heterosexuals
believe homosexuality is unnatural, unafrican and purely a western import that should not be
even tolerated anywhere in Africa and very much so in Uganda.
that do not want the Bill to pass into law are
ng their children even if they
re homosexuals, some clergy that argue that the bible teaches love and not persecution of the
yes
No
66
sinners and law students that have appreciated human rights law, gender and the law and
constitutional law.
4.3.6 On is homosexuality natural?
When this question was posed by the researcher to the respondents through the questionnaires, a
vast number of the respondents particularly heterosexuals opined that homosexuality is
completely unnatural. And only the homosexuals and a few heterosexuals thought that
homosexuality is a natural phenomenon and not merely a choice. A few individuals were
undecided on this question some arguing that biological research has also not been consistent with
results on this particular question.
195
139
26
Is homosexuality natural?
No
Yes
undecided
4.3.7 On does your religion support Homosexuality?
All Muslim respondents sampled opined that their religion does not support homosexuality in any
way and most of them kept on saying that the Koran condemns it in the strongest terms possible.
However 15% of the Christians opined that their religion teaches them to love their neighbors as
they love themselves irrespective of their character and that character even includes homosexual
character. On the other hand 85% of the Christians be
and to this extent, they quoted the famous story in the Bible about Gods destruction of the city of
Sodomy and Gomorrah.
For the traditionalists, 30% believed that homosexuality existed in the olden days and that it was
not actually condemned only that just like sex between heteros
end, they kept on quoting the story of the famous Kabaka Mwanga who is believed to have been a
homosexual to emphasize their point of the existence of homosexuality in the African tra
society. On the other hand however, 70% of the Traditionalists said that African culture and the
Traditional Africa religion does not support homosexuality and some of these respondents saying
that it is very fundamental for every African man and
happen if there is tolerance of homosexuality in the African traditional setting.
0
10
20
30
40
50
60
70
80
90
100
Christians
15
85
67
religion support Homosexuality?
All Muslim respondents sampled opined that their religion does not support homosexuality in any
way and most of them kept on saying that the Koran condemns it in the strongest terms possible.
opined that their religion teaches them to love their neighbors as
they love themselves irrespective of their character and that character even includes homosexual
character. On the other hand 85% of the Christians believe their religion prohibits h
and to this extent, they quoted the famous story in the Bible about Gods destruction of the city of
For the traditionalists, 30% believed that homosexuality existed in the olden days and that it was
that just like sex between heterosexuals, it has to be discreet
end, they kept on quoting the story of the famous Kabaka Mwanga who is believed to have been a
homosexual to emphasize their point of the existence of homosexuality in the African tra
society. On the other hand however, 70% of the Traditionalists said that African culture and the
Traditional Africa religion does not support homosexuality and some of these respondents saying
that it is very fundamental for every African man and woman to bear children and that this cannot
happen if there is tolerance of homosexuality in the African traditional setting.
Muslims Traditionalists
0
30
100
70
No
Yes
All Muslim respondents sampled opined that their religion does not support homosexuality in any
way and most of them kept on saying that the Koran condemns it in the strongest terms possible.
opined that their religion teaches them to love their neighbors as
they love themselves irrespective of their character and that character even includes homosexual
lieve their religion prohibits homosexuality
and to this extent, they quoted the famous story in the Bible about Gods destruction of the city of
For the traditionalists, 30% believed that homosexuality existed in the olden days and that it was
exuals, it has to be discreet. To this
end, they kept on quoting the story of the famous Kabaka Mwanga who is believed to have been a
homosexual to emphasize their point of the existence of homosexuality in the African traditional
society. On the other hand however, 70% of the Traditionalists said that African culture and the
Traditional Africa religion does not support homosexuality and some of these respondents saying
woman to bear children and that this cannot
No
Yes
4.3.8 On would you sit next to a homosexual in a church, mosque or shrine?
Statistics from research as noted in the graph abov
over 70% argue that they would not sit next to a homosexual in their respective places of worship.
The reason advanced by most of these respondents is that they can somehow be influenced by the
homosexuals to join them. And others have simply argued that God hates association with
sinners.
However, it should be noted that those few respondents,
would sit next to a homosexual in their places of worship simply justify this
welcomes all and that their respective books of faith teach them to love their enemies and
neighbors as they love themselves.
0
20
40
60
80
100
Christian
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4.3.8 On would you sit next to a homosexual in a church, mosque or shrine?
Statistics from research as noted in the graph above reveals that most of the respondent
over 70% argue that they would not sit next to a homosexual in their respective places of worship.
The reason advanced by most of these respondents is that they can somehow be influenced by the
join them. And others have simply argued that God hates association with
oted that those few respondents, namely;, about 15% that say that they
would sit next to a homosexual in their places of worship simply justify this by saying that God
welcomes all and that their respective books of faith teach them to love their enemies and
neighbors as they love themselves.
Yes
No
Muslim
Traditionalist
e reveals that most of the respondents, namely
over 70% argue that they would not sit next to a homosexual in their respective places of worship.
The reason advanced by most of these respondents is that they can somehow be influenced by the
join them. And others have simply argued that God hates association with
about 15% that say that they
by saying that God
welcomes all and that their respective books of faith teach them to love their enemies and
Yes
No
4.3.9 On does your culture support homosexuality?
The graph above indicates that 100% of the respondents
regions of Uganda argue that their cultures do not support homosexuality at all and some of them
actually base their arguments on
in their different traditional ancestral settings.
However, even if 95% of the respondents in the central region believe homosexuality is an alien
character in their society, 5% believe that homosexuality actually exis
society particularly in the Buganda kingdom quoting one example of Kabaka Mwanga and his
pages who only renounced it later on.
0 20
Western
Eastern
Central
Northern
0
0
5
0
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4.3.9 On does your culture support homosexuality?
The graph above indicates that 100% of the respondents from the eastern, western and northern
regions of Uganda argue that their cultures do not support homosexuality at all and some of them
the fact that history does not reveal any traces of homosexuality
aditional ancestral settings.
However, even if 95% of the respondents in the central region believe homosexuality is an alien
character in their society, 5% believe that homosexuality actually existed in the African traditional
Buganda kingdom quoting one example of Kabaka Mwanga and his
pages who only renounced it later on.
40 60 80 100
100
100
95
100
from the eastern, western and northern
regions of Uganda argue that their cultures do not support homosexuality at all and some of them
the fact that history does not reveal any traces of homosexuality
However, even if 95% of the respondents in the central region believe homosexuality is an alien
ted in the African traditional
Buganda kingdom quoting one example of Kabaka Mwanga and his
Yes
No
4.3.10 On would you rather accept Human Rights or Culture?
This question has for long been pounding in peoples heads. When the researcher posed this
question to the respondents, 100% of the homosexuals said they rather go for human rights other
than culture. Now this is simply because homosexuals have still failed to get shelter under culture
considering the fact that most cultures in Uganda argue that
when combined with the high levels of HIV/AIDs prevalence in Africa surely leads to the black
genocide.
It is also important to note that most of the few heterosexuals that support human rights are
actually those that are somehow involved in human rights activism.
0
10
20
30
40
50
60
70
80
90
100
Heterosexuals
15
85
70
4.3.10 On would you rather accept Human Rights or Culture?
This question has for long been pounding in peoples heads. When the researcher posed this
question to the respondents, 100% of the homosexuals said they rather go for human rights other
than culture. Now this is simply because homosexuals have still failed to get shelter under culture
considering the fact that most cultures in Uganda argue that homosexuality is an alien vice which
when combined with the high levels of HIV/AIDs prevalence in Africa surely leads to the black
It is also important to note that most of the few heterosexuals that support human rights are
t are somehow involved in human rights activism.
Homosexuals
100
0
Culture
Human Rights
This question has for long been pounding in peoples heads. When the researcher posed this
question to the respondents, 100% of the homosexuals said they rather go for human rights other
than culture. Now this is simply because homosexuals have still failed to get shelter under culture
homosexuality is an alien vice which
when combined with the high levels of HIV/AIDs prevalence in Africa surely leads to the black-
It is also important to note that most of the few heterosexuals that support human rights are
Culture
Human Rights
4.3.11 On do homosexuals have the same rights as heterosexuals?
Now the data compiled during this research as the graph above clearly illustrates shows that only
30% of the respondents argue that homose
important to note that most of these respondents are actually homosexuals. These argue that the
constitution of the republic of Uganda discourages discrimination and that it emphasizes equal
rights to all individuals irrespective of their sexual orientations.
On the other hand, the 70% of the respondents say that homosexuals do not have the same rights
as heterosexuals, arguing that for example; a homosexual does not have a right to marry since
marriage is only valid if it is between a man and woman and not between individuals of the same
sex.
0 20 40
Yes
No
30
70
Do homosexuals have the same rights as
71
4.3.11 On do homosexuals have the same rights as heterosexuals?
Now the data compiled during this research as the graph above clearly illustrates shows that only
30% of the respondents argue that homosexuals have the same rights as the heterosexuals. It is
important to note that most of these respondents are actually homosexuals. These argue that the
constitution of the republic of Uganda discourages discrimination and that it emphasizes equal
all individuals irrespective of their sexual orientations.
On the other hand, the 70% of the respondents say that homosexuals do not have the same rights
as heterosexuals, arguing that for example; a homosexual does not have a right to marry since
is only valid if it is between a man and woman and not between individuals of the same
60 80
Do homosexuals have the same rights as
heterosexuals?
Do homosexuals have the same
rights as heterosexuals?
Now the data compiled during this research as the graph above clearly illustrates shows that only
xuals have the same rights as the heterosexuals. It is
important to note that most of these respondents are actually homosexuals. These argue that the
constitution of the republic of Uganda discourages discrimination and that it emphasizes equal
On the other hand, the 70% of the respondents say that homosexuals do not have the same rights
as heterosexuals, arguing that for example; a homosexual does not have a right to marry since
is only valid if it is between a man and woman and not between individuals of the same
Do homosexuals have the same
rights as heterosexuals?
72
4.3.13 On is homosexuality a western import?
Majority of the respondents namely, over 70% argue that homosexuality is a western import and
was not actually in existence before the coming of the Europeans. Some respondents with this
particular belief argue that the process of importation of this vice has not stopped and that it is
still going on and that Europeans have been successful in this process after injecting lots of
money in the same.
However some of the respondents, namely about 20% quote history which according to them
clearly reveals that homosexuality existed even before the coming of the Europeans, again
quoting the Kabaka Mwanga and his pages story to justify this. Some homosexual respondents
argue that homosexuality is natural and not a mere choice and that therefore to that extent it
cannot be said to have been imported.
4.3.13 On what are your views about the Anti Homosexuality Bill?
Over 80%of the respondents that are aware of the Bill and its contents were concerned about; the
Clause that criminalizes and punishes homosexuality by death saying that it is an extremely harsh
266.4
72
21.6
Was homosexuality imported?
Yes
No
undecided
73
provision and actually unnecessary and that the Bill should therefore not pass with such a
provision.
In the same vein, some of the respondents argued that the Bill is unrealistic and obnoxious and
that it should therefore not pass in the current form.
On the other hand, about 10% of the respondents actually arguing on moral grounds opined that
the Bill should pass just to save the morality of Ugandans and to pump moral sanity in those that
have with time become immoral by practicing homosexuality.
4.4.0 Interview findings and analysis
As noted earlier on in this chapter, the researcher conducted some interviews. Personal interviews
were conducted by the researcher with some self confessed homosexuals, namely; Victor Mukasa,
the senior, legal, governance and human rights advisor of the Netherlands Embassy, namely,
Miss. Joyce Ngaiza and the Project Director of the Guggenheim foundation, Miss Karen Colvard.
4.4.1 An exclusive interview with the Hon. David Bahati.
240
Hon David Bahati first took the researcher quickly through the contents of the Bill, namely, that
the bill basically has four components. He pointed out that the first component of the Bill is to
outlaw homosexuality. The second component is about the emerging issues within homosexuality
that have manifested over time, including the promotion of it. He notes that the bill also
concentrates on the inducement of children. He argues that there is no law that stops same-sex
marriage. In his own words the Hon. Bahati says that, we want to outlaw and prohibit same sex
marriage and see rehabilitation and counseling for the victims of this grave, evil practice.

240
On 27
th
May 2013 at the Parliament of Uganda Room E4 07
74
He then points out to the researcher that the idea of the bill is strongly pivoted on the information
about how the Ugandan society works; namely that family is between man and woman and that
anything beyond that should be outlawed.
He further noted that he knew that the Bible and the Qur'an are against homosexuality. He added
that homosexuals have quite often hidden behind the veil of human rights. He emphasized that
homosexuality is not a human right here in Uganda. And on this point he asked the researcher
that, if homosexuality is a universal human right, why is it that countries like the US have not yet
legalized same sex marriages?
Hon. David Bahati noted further that all those religious leaders supporting homosexuality are not
actually reading the Holy books as a whole and that they are therefore missing some lines. He
also argues that these individuals are humans and could also mislead.
On the question of the Bill provisions being unconstitutional, the Hon Bahati noted that the
representatives of the people of Uganda will make a decision on this matter.
On the issue of the effect the passing of the Bill would have on the international relations and aid
to Uganda in particular, he noted that Uganda is a sovereign state and that whatever he is doing is
actually through a democratic process. He notes that aid with the condition of homosexuality is
not welcome in Uganda. He further notes that whites should not exert their superior nature on to
Ugandans.
In his final remarks he emotionally expressed to the researcher the fact that whatever has
happened since he tabled the Bill to parliament has changed him. And that he is now more
convinced than before that homosexuality is a real evil which needs to be fought.
However he also noted that he does not hate homosexuals but rather hates the sin in them.
75
4.4.2 An exclusive virtual interview with Victor Mukasa.
241
When asked whether he had read and analyzed the Anti homosexuality Bill 2009? Victor
comfortably replied, Oh yes I have.and I find it ridiculous.
The next obvious question posed by the researcher to victor why he thought the Bill was
ridiculous? He replied that, the Bill is ridiculous at so many levels. First; that it is very
unconstitutional in the sense that it goes against the basic human rights of Ugandans; it calls for
discrimination, death, abuse Secondly, he noted that it calls for the violation of various
freedoms such as of association, expression, speech, access to health services, education.
Victor went on to argue that if passed, that bill will make worse the already deadly situation we
have with HIV/AIDS as it is aimed at driving LGBT people underground to the extent of not
being able to seek and acquire knowledge about the scourge, access treatment and live positive.
The researcher went on to ask Victor what in his view were the causes of homosexuality in
Uganda? When answering this question, Victor noted that the views he heard about
homosexuality were no different from those he had about heterosexuality. To this end he said, It
is a sexual orientation and it is normal for every human being to have onehomosexuality is
neither a lifestyle nor a profession...It is neither a disease nor an evil thingbecause of ignorance,
colonialism and religion, homosexuality has been demonized and criminalized.
Victor further argued that in post colonial Africa, according to oral history, homosexuality was
accepted and was not an abomination, sin or crime. And that the culture that the missionaries
brought was that of division through demonization and criminalization of certain practices
homosexuality inclusive. He added that unfortunately Africans today have taken on that colonial

241
Cofounder of Sexual Minorities Uganda (SMUG), Human Rights Defender, Researcher and International Advisor
on African Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Issues.
76
culture as the culture of the land. He notes in his own words that, this is a culture that encourages
division, punishment of diversity, discrimination, marginalization, even death.
When the researcher called upon Victor to comment about homosexuality using religious lenses,
he replied that, those who condemn homosexuality basing on religion I them cluster in to two
categories; the ignorant and mislead who are the receptors of twisted religious teachings and the
power hungry, liars, haters who are the presenters or teachers of twisted religion. He noted
further that these individuals present a religion of hatred and discrimination instead of spreading
the message of love, tolerance, hope, peace and healing.
In the same vein, Victor noted that, this is what we are facing even today with the emergence of
Christian and Muslim fundamentalists in the world who later impose their values on the global
south in search of power, dominion, wealth, and the likethat is the case we have with the
American evangelicals who actually have influenced the emergency of unconstitutional
legislation not only in Uganda but in Nigeria, Burundi, Rwanda, Liberia and other parts of
Africa.
Victor also expressed with concern to the researcher that many Ugandans support the bill but only
because they are unaware of the fact that it will negatively impact on their own lives; that is it will
break families, lead to deaths of loved ones, affect our development as a lot of homosexuals are
very valuable human resources in our nation. In the same vein, Victor noted that the Bill targets
their own; families, relationships, work, and so many other things in so many ways.
The researcher also asked Victor if the Bill has some good clauses and on this particular point
Mr. Victor noted that the Bill has some good clauses only that they are a duplication of already
existing legislation. He cited examples of good clauses to include a clause against sexual abuse of
children or adults. He added that he would never challenge the bringing of all perpetrators of such
77
crimes to book. However despite all this, Mr. Victor noted that laws punishing all these crimes
already exist. He emphasized that, sexual abuse whether of a boy or a girl is bad Period.
On the question of how many LGBTI exist in Uganda Victor replied that he was not aware,
however he noted that, some people have used the Kinsey report percentage of 10% as a
determinant of the population of homosexuals in any given community. He noted that the he
report suggests that approximately 10% of any given populations are homosexual.
On whether homosexual phobia existed among individuals in rural areas, Victor argued that it
actually existed and that the problem was that such communities outside Kampala, particularly
eastern Uganda, people usually take the law into their own hands more than in the capital and that
if someone is suspected to be gay, they are likely to face mob justice. Victor further argued that
homosexuals in rural areas are usually keep closeted for safety reasons.
In his concluding remarks and the way forward Victor argued that the Bill if passed into law
would increase the spread of HIV/AIDS. To this end Victor noted that the reality is homosexuals
and heterosexuals unsuspectingly sexually mingle either due to bisexuality or pretense.
He added that, if it is about criminalizing homosexuality, which is unconstitutional, the laws are
already in place. And that therefore there is no need for such laws as the proposed Anti
Homosexuality Law.
Victor also noted that homosexuals do not have a label on their faces and that as such, whoever is
supporting the Bill might be supporting the killing or jailing of their own children, parents,
teachers, doctors, neighbors, priests and pastors, MPs, leaders at all levels.
78
He argued out to the researcher that the way forward is for every Ugandan to first stop and try to
understand what this bill proposes, how it affects our lives as a nation. And that everyone should
know that human rights of all MUST be protected, respected and promoted.
4.4.3A word with an anonymous closeted homosexual.
242

After assurance from the researcher that his name would not be revealed, a smartly dressed, jolly,
middle-aged gentleman carefully welcomes the researcher into his two roomed house located
about 42 Km off the Kampala-Bombo road.
He first apologized to the researcher for keeping on postponing the interview time scheduled
saying that he had to make sure he was safe. When asked how sure he was that the researcher
would not harm him, he confidently replied that he had friends in the same class with the
researcher who assured him that his security would not be at stake if he met the researcher.
When asked about his sexual orientation, he replied confidently that he was a transgender and that
this was because his natural physical gender assignment was actually female but at 15 he realized
he was male. To this end, he added that ones gender is not determined by their outer sexual
structures; namely a penis and a vagina, but rather their inner biological makeup; that is what one
feels.
He also revealed to the researcher that he was actually disowned by his parents when they got to
know that he was a homosexual. When asked by the researcher how he felt about this, he noted
that though painful, he had to live with the fact and that he does not regret having left his parents
home arguing that they failed to accept him the way he was.
On the question of whether the interviewee knew about the famous Bahati Bill? He responded
that, I definitely know it because I am affected. Actually I used to stay in Nakulabye before

242
On 1
st
June 2013 at Luweero, Bowa parish, Senyungu village.
79
2009. But when I heard about the Anti gay Bill coupled with the rampant mysterious deaths of the
gay people, I sold my house and bought land here. In fact if I had more money I would have
flown out of Uganda. At this point, the researcher curiously asked why? He replied that, When I
heard about a bill framed to kill all the gay people in Uganda I had to run for my dear lifein fact
later on someone told me it was just a bill and had not yet actually passed into law. He noted to
the researcher that people around his Nakulabye home that knew about his sexual orientation were
already treating the said bill as law and would occasionally refer to him as a moral criminal. He
further noted that now that he is financially better, he will leave the country immediately the Bill
passes into law.
4.4.4An interview with Miss Joyce Ngaiza
243
In her opening remarks, the senior, legal, governance and human rights advisor of the Netherlands
Embassy; Miss Ngaiza argued that Uganda is a heterogeneous nation with a diversity of tribes and
cultures and she emphasized that this fact influences the world outlook of Uganda.
She also noted that even the President of Uganda has indicated that homosexuality has existed in
Uganda even before the coming of the Europeans; and on that note she added that it is not right to
say that homosexuality is unafrican.
She noted that homosexuality in the rural areas is not really an issue and that it is only
exaggerated in the urban areas where the residents have gone ahead to attack homosexuals.
Miss Ngaiza also noted with concern that the Ugandan society takes everybody who is not a
heterosexual as a homosexual well as not, arguing that there are some individuals who do not fall
under either sexual orientations.
She also noted in the same vein that one being a male or female can not merely be determined by
their sexual organs or even body structures. To this end she quoted to the researcher a story of one

243
On Thursday 4
th
April 2013 at 11AM held at the Netherlands Embassy.
80
South African athlete called Semenya who is actually a female but with more male dominating
features.
Having mentioned that she went on to argue that the problem with the Anti Homosexuality Bill is
that it tends to wrap all kinds of sexual orientations together.
On the question of what impact will the passing of the Bill into law have on Uganda?
Miss Ngaiza noted that it is obvious that the donors will cut aid noting that even the Netherlands
Embassy is threatening to do the same. In the same vein she pointed out to the researcher other
countries threatening to do the same; namely Britain, Australia, the USA among others.
More still, she noted the other effect would be that there will be an increase in the rate of human
rights violations in Uganda since the process of enforcing the contents of the Bill would inevitable
have a bearing on some fundamental human rights.
Furthermore, she also pointed out to the researcher that Uganda would then face a risk of
economic sanctions from other countries that value human rights.
She noted that since homosexuality has been treated as a western creation, donors have chosen to
rather criticize the Anti homosexuality Bill in Uganda silently. And to this end she noted that the
international community particularly the EU coalition member states have been advised not to
criticize the Bill through the local or international media.
When the researcher asked Miss Ngaiza whether the western criticism of the Bahati Bill would
not be jeopardizing the sovereignty of Uganda as a state, she replied that it does not and that
sovereignty of the state does not mean that it should violate human rights without being criticized
by other states.
81
4.4.5An interview with Miss Karen Colvard
244
Miss. Karen Colvard, the Project Director of the Guggenheim foundation in an exclusive
interview with the respondent made the following observations about homosexuality and the Anti
homosexuality Bill:
She said that Uganda is known in some circles namely; the human rights circles for only what is
seen as its intolerance for the gay people. However, she emphasized that this is mostly blamed on
the Ugandan government.
She noted that passing the Bill into law could affect the Ugandan tourist industry as the audience
for the tourist attractions is the educated and wealthier part of the West who come for vacation in
Uganda.
She also noted that the Bill would present great problems in enforcement if passed into law, for
example in respect to how to prosecute people who fail to turn in people they know to be
homosexual.
More still, she pointed out to the researcher that it would also cause problems within families as
gay people will try to hide their sexual orientation from parents and other family members.
The other problem she noted was that prosecuting people for what they do in their private lives
could backfire if segments of the government declare personal choices to be illegal.
When the researcher raised the question of whether homosexuality is a western creation, she
argued that it is an established fact that homosexuality exists in all cultures, and that this does not
exclude Uganda. On this particular issue, she posed a question; doesn't everyone know the story
of the Uganda Martyrs who were resisting the homosexual demands of the Kabaka himself? She
added that what may be new and unusual in Africa is the gay lifestyle. And that the homosexual
lifestyle includes the homosexuals taking on particular ways of dressing and expressing

244
Wed, Apr 17, 2013 3:58 pm
82
themselves in a way that imitates the gay culture in the West. She notes further that in that way,
homosexuality gets more out in the open, and the lifestyle choices do not seem to be African.
However, Karen argued that Africans who are not homosexual imitate Western lifestyles in many
ways and nobody objects that rap music, baseball caps, television, or long straight hair which are
all are "not African."
About the fact that Uganda is an independent state which is free to make and pass her laws, Karen
noted that human rights activism knows no state boundaries and those activists have always
talked about universal rights, and not rights that a government can decide for its citizens. More
emphatically, Karen said that gay rights are in principle not different from children's rights or
women's rights. And to conclude this point, Karen noted that governments have no sovereign
rights to harm citizens just because they are "their" people.
About the question of what has the civil society and NGOs done to teach Ugandans about the
contents of the Anti homosexuality Bill, Karen noted that her impression was that the Refugee
Law Project has reached out to try to educate the ordinary citizen, but that there is still very much
work to be done to dispel false information and unfair emotions.
In her concluding remarks Karen noted that some local NGOs probably work harder for gay
rights while others keep silent because of fear.
4.4.6 A quick virtual interview with Miss Kristen Cheney
245
.
After appreciating the move by the Hon. David Bahati to protect children from sexual predators,
she went further to note that the Hon. David Bahati should also know majority of child
molestation cases in Uganda do not reflect molestations by homosexuals but rather by
heterosexual parents, teachers, and the clergy.

245
Kristen Cheney has been doing fieldwork in Uganda since 1993. In 2004, she won the ASA Graduate Student
Paper Prize. She is currently co-convener/advisory board chair for the Anthropology of Children and Childhood
Interest Group of the American Anthropological Association. Her research focuses on childrens survival strategies
amidst difficult circumstances in Eastern and Southern Africa. As a 2008-9 Fulbright Africa Regional Research
Scholar, she conducted ethnographic research with orphans and vulnerable children (OVC) in Uganda. She is author
of Pillars of the Nation: Child Citizens and Ugandan National Development (2007, University of Chicago Press).
83
Miss Kristen also noted that if Bishop Desmond Ttutu can be wrong by supporting homosexuality
basing on the Biblical teachings as the Hon. Bahati argues, then he (Bahati) can as well be wrong
about his condemnation of homosexuality basing on the Bible. On this point Kristen noted that
interpretation of the Bible is not uniform to all individual Christians. However, despite this
argument, she went on to note that the issues of the church should be separated from state matters.
And that therefore there should not be legislation purely basing on Biblical teachings or religious
arguments for that matter.
Finally, Miss Kristen noted that the Bill and the debate about the Bill is only intended to divert
Ugandans away from more contentious issues, namely, corruption, child sacrifices that are
more pressing.
84
CHAPTER FIVE
5.0 SUMMARY OF THE STUDY, CONCLUSIONS AND RECOMMENDATIONS
5.1 Introduction
In this chapter, the researcher included the general summary, conclusion and recommendations to
the study. The researcher while generating the general summary of the research was guided by the
specific objectives of the study. A conclusion of the research was drawn from the findings in
Chapter Four and to that extent therefore in line with the research objectives. The
recommendations that were generated by the researcher are categorized into, recommendations to
the Ugandan government, the LGBTI community, the civil society and the Ugandan entire
population at large.
5.2 Summary of the study
Bearing in mind the general objective of the study, namely to assess the human rights concerns
about the Bill and other specific objectives, the researcher came up with a summary of the study.
In order to fulfill all the laid out objectives of the study, the researcher had to first find out the
causes of homosexuality in Uganda. The researcher went on to assess the cultural and religious
concerns of homosexuality and the Bill in particular. Thereafter, the researcher specifically
tackled the human rights that are likely to be affected by the Bill if passed into law.
However before this, the researcher also noted the impact that the Bill has had on the international
community even before it passes into law and the likely impact of the Bill if it passes into law on
the international community. The researcher then noted the field findings which basically
involved questionnaire and interview findings.
85
Finally the researcher came up with the conclusion of the study which was basically generated
from the field findings and lastly generated recommendations that also reflected the research
findings and also suggestions by other stakeholders.
5.3 CONCLUSION
In conclusion, the researcher noted that majority of the respondents believed that homosexuality
is unnatural and that it is a western import. However, the researcher also noted that this particular
view was by heterosexual respondents emphasizing that the heterosexuals, some few elites and
human rights activists believed that homosexuality is natural and not a mere choice and that it
actually existed even before the coming of coming of the white man to Uganda.
The study also revealed that much as majority of the respondents condemned homosexuality and
actually argued that the Bill would be the only way to get rid of what they called a vice, the same
respondents when asked what they would do if they found out their children were homosexuals
said they would not disown them and that they would actually take them for counseling.
On the point of whether Ugandans were aware of the Bill and its contents, the researcher
concluded that the majority of the respondents were not aware of the Bill and the contents therein.
The researcher also noted that some of the few respondents that were aware of the Bill were
actually not aware about the Bill contents.
The findings from the study also reveal that much as majority of the respondents want the Bill to
pass into law, they actually do not agree with the death penalty provision of the Bill for offence of
aggravated homosexuality saying that it is extreme and not realistic.
More still, when the respondents were asked to choose between human rights and culture,
majority heterosexuals chose culture and all the heterosexuals chose human rights. And on this
86
particular point, the researcher concluded that, the umbrella of human rights was the only safe
place for the LGBTI to take refuge.
Lastly, the researcher noted that interviews with human rights activists and experts in
international affairs revealed that the fight against the Anti Homosexuality Bill by the
International community was not an invasion on the sovereignty of Uganda as an independent
state but rather a call to Uganda to respect her international obligations by respecting the human
rights Treaties she is a party to. And that the fight for human rights of all people in the world is
actually irrespective of country borderlines.
5.4.1 RECOMMENDATIONS
The recommendations raised by the researcher were actually generated after a thorough analysis
of the field findings and also generated from the recommendations that were suggested in the
minority report by the members of the sectoral committee on legal and parliamentary affairs on
the anti-homosexuality bill, 2009. The recommendations suggested by the researcher are therefore
categorized into those made to the government of the Republic of Uganda, namely, the Uganda
Parliament and the Executive, recommendations to the LGBTI community, civil society
organisations and the Ugandans at large.
5.4.2Recommendations to the government of Uganda.
First of all, the bill should be dropped entirely since most of the Bill provisions either
directly or indirectly contravene the 1995 Constitution. In the same vein, the Bill is almost
bare considering the fact that nearly all of the clauses are redundant, repetitive of existing
laws, or even useless. The committee on Legal and Parliamentary affairs report also
reveals that the document has technical defects in form and content.
87
If the Bill is to be further debated, then MPs should first consult their constituents and the
process of consultation should also involve teaching the constituents about the contents of
the Bill and how they are actually likely to be affected if the Bill passes into law.
5.4.3 Recommendations to the LGBTI community.
They should organize seminars specifically to teach the other members of the Ugandan
community about how natural their sexual orientation is. This will help to demystify
homosexuality among the Ugandan community.
They should be ready to challenge the constitutionality of the Bill if it passes into law in
courts of law.
More still, since heterosexual intimacies are quite kept secret and not in the public, the
LGBTI should also do the same just to keep the moral strata of the Ugandan society still
intact.
5.4.4 Recommendations to the civil society and human rights organizations.
These should go ahead and teach all Ugandans that human rights are inherent and actually
available to all irrespective of their sexual orientations. This should be done through mass
campaigns and seminars not only in the urban centers but also in the rural areas.
They should help the government in educating all Ugandans about the existence of the
Bill, the contents therein and how actually the Bill is likely to affect Ugandans if it ever
passes into law.
5.4.5 Recommendations to the rest of the Ugandan population.
First of all Ugandans should learn to treat all individuals the same without discrimination
in respect to their sexual orientations.
They should also develop a reading culture just to find out for example the contents of
the Bill before they actual go ahead to criticize it.
88
They should also get involved in the different seminars that are brought to them by the
different civil society and human rights that are aimed to teach them about their
respective rights and actually rights of others.
Lastly, they should put their respective leaders (Members of Parliament) to task not to
initiate Bills to parliament, debate or even pass those particular Bills without first being
consulted. And in this regard, they should know that power belongs to them and that
such power does not cease to exist the moment they cast their vote on election days.


89
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95
APPENDICES
Appendix 1: Research instruments
Appendix 1 a) Questionnaire sample
A STUDY ON HOMOSEXUALITY AND THE ANTI HOMOSEXUALITY BILL 2009 IN
UGANDA BY NTUMWA WILLIAM MOSES, A FOURTH YEAR LAW STUDENT.
QUESTIONNAIRE
Dear respondent,
The above named person is carrying out research on the views of the public about homosexuality and the
Anti homosexuality Bill 2009. You may or may not include your name. He thus requests for your
cooperation in this undertaking.
None of the information you give will be traced back to you except if you consent to being named.
If you agree to be part of the respondents please fill in the gaps below.
Personal Data
Name (optional).
Sex; male female other (specify)
Age: 12-20 21-25 26-30 31-40 40-50 others
Employment;
Religion; Christian Muslim traditionalist non other (specify)
Marital status; married single
96
Sexual orientation (optional); homosexual heterosexual
Homosexuality generally.
1. What do you understand by the term homosexuality?
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
2. What do you think are the causes homosexuality?

..................................................................
3. Do you think homosexuality was just imported into Africa/Uganda?
...........................................
4. Have you ever interacted with a self confessed homosexual? Yes No
5. At what point did you discover your sexual orientation?
..............................
6. In your view, is homosexuality natural? Yes No
Give reasons for your view.

7. What would you do if you found that your child is gay?

..
97
The Anti homosexuality Bill 2009
8. Have you ever heard of the Anti homosexuality bill? Yes No
If yes, do you know its contents? Yes No
9. What is your view about the Anti Homosexuality Bill 2009?

.
10. How will this Bill affect you if it passed into law?
...............................................................................................................
...........................................................................................................................................................
11. Do you want the Anti homosexuality Bill pass in to law? Yes No
12. Do you want gay marriages legalized? Yes No
Morality and homosexuality
13. What do you understand by morality?

.
14. Do you think homosexuality affects morality? Yes No
15. Does your religion allow homosexuality? Yes No
16. Would you sit next to a homosexual in your church or mosque? Yes No
Give reasons for your answer

17. Does your culture allow homosexuality? Yes No

98
18. What do you understand by the term Human rights?

.
19. What would you rather accept? Human rights Culture
20. Do you think homosexuals have the same rights as heterosexuals? Yes No
Thank you very much
THE ANTI HOMOSEXUALITY BILL. 2009.
MEMORANDUM
1.1. The principle
The object of this Bill is to establish a comprehensive consolidated legislation to protect the
traditional family by prohibiting (i) any form of sexual relations between persons of the same
sex; and (ii) the promotion or recognition of such sexual relations in public institutions and other
places through or with the support of any Government entity in Uganda or any non governmental
organization inside or outside the country.
This Bill aims at strengthening the nations capacity to deal with emerging internal and external
threats to the traditional heterosexual family.
This legislation further recognizes the fact that same sex attraction is not an innate and
immutable characteristic.
The Bill further aims at providing a comprehensive and enhanced legislation to protect the
cherished culture of the people of Uganda. legal, religious, and traditional family values of the
people of Uganda against the attempts of sexual rights activists seeking to impose their values of
sexual promiscuity on the people of Uganda.
There is also need to protect the children and youths of Uganda who are made vulnerable to
sexual abuse and deviation as a result of cultural changes, uncensored information technologies,
parentless child developmental settings and increasing attempts by homosexuals to raise children
in homosexual relationships through adoption, foster care, or otherwise.
2.1. Defects In existing law.
This proposed legislation is designed to fill the gaps in the provisions of other laws in Uganda
e.g. the Penal Code Act Cap. 120.
The Penal Code Act (CapI20) has no comprehensive provision catering for anti homosexuality. It
focuses on unnatural offences under section 145 and lacks provisions for penalizing the
procurement, promoting, disseminating literature and other pornographic materials concerning
the offences of homosexuality hence the need for legislation to provide for charging,
investigating, prosecuting, convicting and sentencing of offenders.
This legislation comes to complement and supplement the provisions of the Constitution of
Uganda and the Penal Code Act Cap 120 by not only criminalizing same sex marriages but also
same-sex sexual acts and other related acts.
3.0. The objectives of the Bill
The objectives of the Bill are to:
(a) provide for marriage in Uganda as that contracted only between a man and a woman;
(b) prohibit and penalize homosexual behavior and related practices in Uganda as they constitute
a threat to the traditional family;
(e) prohibit ratification of any international treaties, conventions, protocols, agreements and
declarations which are contrary or inconsistent with the provisions of this Act;
(d) prohibit the licensing of organizations which promote homosexuality.
3.1. Part I of the Bill incorporating clause 1 provides for preliminary mailers relating to
interpretation of the words and phrases used in the Bill.
3.2. Part II of the Bill incorporating clause 2 to 6 prohibits homosexuality and related practices
by introducing the offences of engaging In homosexuality, and the penalties of imprisonment
upon conviction. This pan also provides for protection, assistance and support for victims of
homosexuality.
3.3. Part III of the Bill incorporating clause 7 to clause 14 creates offences and penalties for
acts that promote homosexuality, failure to report the offence and impose a duty on the
community to report suspected cases of homosexuality.
3.4. Part IV of the Bill incorporating clause 15 to clause 17 provides for the jurisdiction of
Uganda Courts in case of Homosexuality, including extra territorial jurisdiction.
3.5. Part V of the Bill incorporating clauses 18 and 19 provides for miscellaneous provisions
on International Treaties, Protocols. Declarations and conventions and the Minister to make
regulations to give effect to the Act.
Schedule of the Bill gives the value of the currency point.
HON DAVID BAHATI,
Member of Parliament, Ndorwa County West Kabale.
THE ANTI HOMOSEXUALITY BILL, 2009.
ARRANGEMENT OF CLAUSES.
PART I PRELIMINARY
Clause
I. Interpretation.
PART ll-PROHIBITION OF HOMOSEXUALITY.
2. The offence of homosexuality
3. Aggravated homosexuality.
4. Attempt to commit homosexuality.
5. Protection, assistance and payment of compensation to victims of homoseuxality
6. Confidentiality.
PART Ill RELATED OFFENCES AND PENALTIES.
7. Aiding and abating homosexuality.
8. Conspiracy to engage in homosexuality.
9. Procuring homosexuality. by threats, etc.
10. Detention with intent to commit homosexuality.
11. Brothels.
12. Same sex marriage.
13. Promotion of homosexuality.
14. Failure to disclose the offence.
PART IV J URISDICTION.
15. J urisdiction.
16. Extra-territorial J urisdiction.
17. Extradition.
PART V MISCELLANEOUS PROVISIONS
18. International treaties.
19. Regulations.
Schedule
Currency point.


A BILL FOR AN ACT
ENTITLED
THE ANTI HOMOSEXUALITY ACT, 2009.
An Act to prohibit any form of sexual relations between persons of the same sex; prohibit
the promotion or recognition of such relations and to provide for other related matters.
BE IT ENACTED by Parliament as follows:
PART I PRELIMINARY.
I. Interpretation.
In this Act. unless the context otherwise requires
authority means having power and control over other people because of your knowledge and
official position; and shall include a person who exercises religious. political, economic or social
authority;
bisexual means a person who is sexually attracted to both males and females;
child means a person below the age of 18 years:
currency point has the value assigned to it in the Schedule to this Act;
disability means a substantial limitation of daily life activities caused by physical. mental or
sensory impairment and environment barriers resulting in limited participation;
felony means an offence which is declared by law to be a felony or if not declared to be a
misdemeanor is punishable without proof of previous conviction, with death or with
imprisonment for 3 years or more.;
gay" means a male person who engages in sexual intimacy with another person of the same
sex;
gender" means male or female;
HIV means the Human Immunodeficiency Virus;
homosexual means a person who engages or attempts to engage in same gender sexual
activity;
homosexuality means same gender or same sex sexual acts;
lesbian means a female who engages in sexual intimacy with another female;
Minister means the Minister responsible for ethics and integrity;
misdemeanor means an offence which is not a felony;
serial offender means a person who has previous convictions of the offence of homosexuality
or related offences;
sexual act includes
(a) physical sexual activity that docs not necessarily culminate in intercourse and may include
the touching of anothers breast, vagina, penis or anus:
(b) stimulation or penetration of a vagina or mouth or anus or any part of the body of any person,
however slight by a sexual organ;
(c) the unlawful use of any object or organ by a person on another persons sexual organ or anus
or mouth;
sexual organ means a vagina, penis or any artificial sexual contraption;
touching includes touching
(a) with any part of the body;
(b) with anything else;
(c) through anything;
and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.
victim includes a person who is involved in homosexual activities against his or her will.
PART II HOMOSEXUALITY AND RELATED PRACTICES.
2. The offence of homosexuality.
(1) A person commits the offence of homosexuality if-
(a) he penetrates the anus or mouth of another person of the same sex with his penis or any other
sexual contraption;
(b) he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a
person of the same sex;
(e) he or she touches another person with the intention of committing the act of homosexuality.
(2) A person who commits an offence under this section shall be liable on conviction to
imprisonment for life.
3. Aggravated homosexuality.
(1) A person commits the offense of aggravated homosexuality where the
(a) person against whom the offence is committed is below the age of 18 years;
(b) offender is a person living with HIV;
(c) offender is a parent or guardian of the person against whom the offence is committed;
(d) offender is a person in authority over the person against whom the offence is committed;
(e) victim of the offence is a person with disability;
(f) offender is a serial offender, or
(g) offender applies, administers or causes to be used by any man or woman any drug, matter or
thing with intent to stupefy overpower him or her so as to there by enable any person to have
unlawful carnal connection with any person of the same sex,
(2) A person who commits the offence of aggravated homosexuality shall be liable on conviction
to suffer death.
(3) Where a person is charged with the offence under this section, that person shall undergo a
medical examination to ascertain his or her HIV status.
4, Attempt to commit homosexuality.
(1) A person who attempts to commit the offence of homosexuality commits a felony and is
liable on conviction to imprisonment seven years.
(2) A person who attempts to commit the offence of aggravated homosexuality commits an
offence and is liable on conviction to imprisonment for life.
5. Protection, assistance and payment of compensation to victims of homosexuality.
(1 ) A victim of homosexuality shall not be penalized for any crime commuted as a direct result
of his or her involvement in homosexuality.
(2) A victim of homosexuality shall be assisted to enable his or her views and concerns to be
presented and considered at the appropriate stages of the criminal proceedings.
(3) Where a person is convicted of homosexuality or aggravated homosexuality under sections 2
and 3 of this Act, the court may, in addition to any sentence imposed on the offender, order that
the victim of the offence be paid compensation by the offender for any physical, sexual or
psychological harm caused to the victim by the offence.
(4) The amount of compensation shall be determined by the court and the court shall take into
account the extent of harm suffered by the victim of the offence. the degree of force used by the
offender and medical and other expenses incurred by the victim as a result of the offence.
6. Confidentiality.
(1) At any stage of the Investigation or trial of an offence under this Act, law enforcement
officers, prosecutors, judicial officers and medical practitioners, as well as parties to the case,
shall recognize the right to privacy of the victim.
(2) For the purpose of subsection (I), in cases involving children and other cases where the court
considers it appropriate. proceedings of the court shall be conducted in camera, outside the
presence of the media.
(3) Any editor or publisher, reporter or columnist in case of printed materials. announcer or
producer in case of television and radio, producer or director of a film to case of the movie
industry. or any person utilizing trimedia facilities or information technology who publishes or
causes the publicity of the names and personal circumstances or any other information tending to
establish the victims identity without authority of court commits an offence and is liable on
conviction to a fine not exceeding two hundred and fifty currency points.
7. Aiding and abating homosexuality
A person who aids, abets, counsels or procures another to engage in acts of homosexuality
commits an offence and is liable on conviction to imprisonment for seven years.
8. Conspiracy to engage in homosexuality.
A person who conspires with another to induce another person of the same sex by any means of
false pretence or other fraudulent means to permit any person of the same sex to have
unlawful carnal knowledge of him or her commits an offence and is liable on conviction to
imprisonment for seven years.
9. Procuring homosexuality by threats, etc.
(1) A person who
(a) by threats or intimidation procures or attempts to procure any woman or man to have any
unlawful carnal knowledge with any person of the same sex, either in Uganda or elsewhere;
(b) by false pretences or false representations procures any woman or man to have any unlawful
carnal connection with any person of the same sex, either in Uganda or elsewhere; or
(2) A person shall not be convicted of an offence under this section upon the evidence of one
witness only, unless that witness is corroborated in some material particular by evidence
implicating the accused.
10. Detention with intent to commit homosexuality.
A person who detains another person with the intention to commit acts of homosexuality with
him or herself or with any other person commits an offence and is liable on conviction for seven
years.
11. Brothels.
(1) A person who keeps a house, room,set of rooms or place of any kind for the purposes of
homosexuality commits an offence and is liable on conviction to imprisonment for seven years.
2) A person being the owner or occupier of premises or having or acting or assisting in the
management or control of the premises, induces or knowingly suffers any man or woman to
resort to or be upon such premises for the purpose of being unlawfully and carnally known by
any man or woman of the same sex whether such carnal knowledge is intended to be with any
particular man or woman generally, commits a felony and is liable on conviction to
imprisonment for five years.
12. Same sex marriage.
A person who purports to contract a marriage with another person of the same sex commits the
offence of homosexuality and shall be liable on conviction to imprisonment for life.
13. Promotion of homosexuality.
(1) A person who
(a) participates in production. procuring, marketing, broadcasting, disseminating, publishing
pornographic materials for purposes of promoting homosexuality;
(b) funds or sponsors homosexuality or other related activities;
(c) offers premises and other related fixed or movable assets for purposes of homosexuality or
promoting homosexuality;
(d) uses electronic devices which include internet, films, mobile phones for purposes of
homosexuality or promoting homosexuality and;
(e) who acts as an accomplice or attempts to promote or in any way abets homosexuality and
related practices;
commits an offence and is liable on conviction to a line of live thousand currency points or
imprisonment of a minimum of five years and a maximum of seven years or both fine and
imprisonment.
(2) Where the offender is a corporate body or a business or an association or a non-governmental
organization, on conviction its certificate of registration shall be cancelled and the director or
proprietor or promoter shall be liable on conviction to imprisonment for seven years.
14. Failure to disclose the offence.
A person in authority, who being aware of the commission of any offence under this Act, omits
to report the offence to the relevant authorities within twenty-four hours of having first had that
knowledge, commits an offence and is liable on conviction to a fine not exceeding two hundred
and fifty currency points or imprisonment not exceeding three years.
PART IV J URISDICTION
15. Jurisdiction.
Save for aggravated homosexuality that shall be tried by the High Court, the magistrates court
shall have jurisdiction to try the other offences under this Act.
16. Extra- Territorial Jurisdiction.
This Act shall apply to offenses committed outside Uganda where
(a) a person who, while being a citizen of or permanently residing in Uganda, commits an act
outside Uganda, which act would constitute an offence under this Act had it been committed in
Uganda; or
(b) the offence was committed partly outside and or partly in Uganda.
17. Extradition.
A person charged with an offence under this Act shall be liable to extradition under the existing
extradition laws.
PART V MISCELLANEOUS.
18. Nullification of inconsistent international treaties, protocols, declarations and
conventions.(1) Any International legal instrument whose provisions are contradictory to the
spirit and provisions enshrined in this Act, are null and void to the extent of their inconsistency.
(2) Definitions of sexual orientation, sexual rights, sexual minorities, gender identity
shall not be used in anyway to legitimize homosexuality, gender identity disorders and related
practices in Uganda.
19. Regulations.
The Minister may, by statutory instrument. make regulations generally for better carrying out the
provisions of this Act.
SCHEDULE
One currency point in equivalent to twenty thousand shillings.

PARLIAMENT OF UGANDA
MINORrry REPORT BY MEMBERS OF THE
COMMITTEE ON LEGAL AND
. I
ON THE ANTI-HOMOSEXUALITY
OFFICE OF THE CLERK TO PARLIAMENT
PARLIAMENT BUILDINGS
KAMPALA - UGANDA
November 2012
PARLIAMENTARY AFF.......1.JL'-tg,c;<'N,
1.0 Introduction
The Anti - homosexuality Bill, 2009 was read for the first time on 14th
October 2009 and it was referred to the Committee of Legal and
. Parliamentary Affaiisitiaccordahce with Rules 117and 118 of the Rules.
of Procedure of Parliament. The Bill was re-introduced in the 9
th
Parliament by way of a Resolution of Parliament on 31
st
October, 2011.
Rt. Hon. Speaker, Some Members of the Committee present this minority
Report in line with Rule 194 (1) of the Rules of Procedure of Parliament
which provides that;
Member or Members dissenting from the opinion of a
majority of a Committee may state in writing the reasons for his
or her or their dissent, and the statements of reasons shall be
appended to the report of the Committee."
2.0 Points of Dissent from the Committee Position
citizen loses a right to his/her citizenry the moment the state
in the of his/her and .if! that end act
of Article 27 of the Constltution of the Republtc of Uganda whzch
comprehensively provides for the Right to Privacy ofPersons. "
1. Rt. Hon. Speaker, The signatories to this report primarily disagree
with the of having this bill. What two consenting adults
do in 'the privacy of tneir bedroom should not be the business of
this Parliament. It is not right to have the state allowed in the
bedrooms of people.
2. Further, matters of sexual intercourse between consenting adults
neither be restricted nor reduced into a hard rule as to what is
allowed and what is not allowed;
For example:
Oral sex in some societies is taboo,
There are also some men who have consensual anal sex with
their wives in a marital arrangement,
There are some men who use fingers, sex toys and other
contraptions on their wives in a consensual arrangement, and
2
There are some women who will not (reach climax' or (get an
orgasm' except when they are whipped and engage in games
of Bondage/Dominance Sadism/Masochism (BDSM).
The key words in this argument are (two consenting adults'.
3. While the Members agree that there is the need for children to be
protected against recruitment by homosexuals, The Members
disagree that this is the law to protect the children since a closer
analysis of the Bill also reveals that there are no specific clauses
that provide for the protection of children against recruitment.
The Members argue that in that regard there is a need for a
comprehensive law to protect children against more than just
homosexual recruitment and sex. This other law can protect
. children against child labour, violence, sexual exploitation, female
genital mutilation, slave:ry and trafficking.
4. It should be noted that Uganda belongs to an International Polity
and cannot afford to exclude herself from the rest of the world by
way of enactment of this law. The introduction of this law
contravenes many International conventions and treaties. wbicll
. are already ratified by Uganda;
Such as;
The .African Charter on Human and People's Rights (The
Banjul's Charter) ratified by Uganda on 10th May, 1986.
The International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural
Rights (ICESCR)
5. The Bill is discriminato:ry and rather than persecute the
homosexuals in our society, the State should be t:rying to find ways
to help them reform. (R-l't) .
In the wise ruling of Justice Mulenga of the Supreme Court "in the
case of Andrew Mwenda and C ~ l e s Onyango Obbo Vs The
Attorney General, he states that, The duty to protect those we do
not agree with is a duty we have over and above protecting those ...
that we agree with.
3
if there is any principle of the Constitution that more imperatively
call for attachment than any other it is the principle offree thought
not free thought for those who agree with us but freedom for the
thought that we hate'!.
Iri' . the same' spirit, . a Child who has' been a victim. of .this .
recruitment, funding and other acts of homosexuality that this
house is attempting to legislate against should be protected rather
than sending him/her off to rot in Prison for the rest of his/her
life.
6. The Laws in Uganda as they are currently already prohibit
homosexuality and the new law does not add any significant value.
The 1995 Constitution of the Republic of Uganda is already very
clear on the matter of homosexuality and inArticle 31 (2a) prohibits
marriage between persons of the same sex.
Sections 145 - 150 of the Penal Code Act are also very clear
against homosexuality and other unnatural acts.
For example, in the Penal Code Act it is provided as follows;
145. Unnatural offences.
Any person who-
(a) has carnal knowledge of any person against the
order of nature;
(b) has carnal knowledge ofan animal; or
(c) permits a male person to have carnal knowledge
of him or her against the order of nature,
commits an offence and is liable to imprisonment for life. "
3.0 Recommendation
The Members recommend that the Bill be rejected by this House and no
further consideration of the same be done.
4
aq
PROPOSED AMENDMENTS BY SOME MEMBERS OF THE
COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS TO THE
ANTI-HOMOSEXUALITY BILL, 2009
1 :.... Clause 1 Interpretation'
Ciause 1 is deleted.
Justification
- There is nothing to provide for as all offences created by this Bill are
already catered for in the Laws of Uganda specifically in the 1995
Constitution and the Penal Code Act.
2 - The offence of homosexuality
Clause 2 is deleted.
Justification
- It's already provided for (together with other unnatural acts) in the
Penal Code Act in Sections 145 - 150
- The Constitution in Article 31 (2a) already prohibits same sex
marriages Matters of the bedroom should not be subject to legislation
3. - Aggravated Homosexuality ,
Clause 3 is deleted.
Justifications
- 3 (la) It's already provided for (together with other unnatural acts)
.il't t ~ in Sections 145 - 150 of the Penal Code Act
( ~ A
3 (lb) It is not an offence to be a person living with HIV.
- 3 (Ic) Incest is already prohibited by section 149 of the Penal code
Act.
- 3 (ld) It is difficult to prove that there was no consent even where
the alleged offender is a person holding authority over the alleged
victim.
- 3 (Ie) This sub clause is discriminatory against PWDs. It is
possible for a person with disability to consent.
- 3 (If) How serial offenders are dealt with is already provided for in
the Magistrates Courts Act, CAP 16.
- 3 (lg) The penal code captures the use.
- 3 (2) This provision p;Pt is discriminatory and drives underground
the people who are living with I-lIV and are supposed to access
medical care.
5
Clause 4 - Attempt to Commit Homosexuality
The Members agree with the amendment of the Committee for the
deletion of the Clause.
Further Justificatioli
- Attempt to commit homosexuality is hard to prove and may result
in absurdities.
- It will open a door for victimization since it can be used to settle
personal scores.
Clause 5 - protection, assistance and payment of compensation
Clause 5 is deleted.
Justification
-It is difficult to determine who a victim of homosexuality is.
It is open to abuse. The courts already have discretion to gIVe
awards/reparation to victims.
Clause 6 - Confidentiality
Clause 6 is deleted.
Justification
The right to privacy is already provided for in the 1995
Constitution and the courts already have the discretion to decide
which ca,.ses may heard iq camera
Clause 6(3) is an infringement on the freedom of the press and
right to access information.
- The right to the privacy of the victim has to be weighed against the
right of the accused person to be availed all the incriminating
evidence brought against him/her.
Clause 7: Aiding and abetting homosexuality
Clause 7 is deleted.
Justification
- The offence of aiding and abetting is difficult to prove as provided
in this clause.
In (2) if procurement is with another adult's consent, it is not
wrong.
6
the 1995.
the 1995
Clause 8: conspiracy to engage in homosexuality
Clause 8 is deleted.
Justification
Itisprovided for un:de'tthe penal code Actin Section 390; .
Clause 9: procuring homosexuality by threats e.t.c
Clause 9 is deleted.
Justification
-Its already provided for in the section 145 of the Penal Code Act.
-Homosexuality is Homosexuality regardless of how it is procured
and it should be punished as such. It is already illegal anyway.
Clause 10: Detention with intent to commit Homosexuality
Clause lOis deleted
Justification
Its already provided for under Section 134 of the Penal Code Act.
Clause 11: Brothels
Clause 1i is deleted
Justification
Its already provided for under section 134 of the Penal Code Act
Clause 12: Same Sex Marriage
Clause 12 is deleted
Justification
It is already catered for under Article 31(2a) of
Constitution.
Clause 13: Promotion of Homosexuality
Clause 13 is deleted
Justification
- There is no legal basis for one to claim that they are promoting .
homosexuality which IS already prohibited by
Constitution.
- This does not add any value.
7
Funding or sponsoring homosexuality and related activities is
aiding and abetting which is already a crime under the Penal Code
Act. Further, homosexuality is already a crime under the 1995
Cdnstitutiohas amended in 2 0 0 5 ~ .
Clause 14: Failure to disclose the offence
Clause 14 is deleted.
Justification
The offence will create absurdities and the provision will be too
hard to implement.
Clause 15: Jurisdiction
Clause 15 is deleted.
Justification
- The court should is already defined in the Penal Code Act;
Clause 16: Extra- Territorial Jurisdiction
Clause 16 is deleted.
Justification
- The practical enforcement of the provision will be difficult.
Clause 17: Extradition.
,
Clause 17 is deleted.
Justification
- The practical enforcement and implementation of the provision will
be difficult.
Clause 18: Nullification of inconsistent international treaties,
protocols, declarations and conventions
Clause 18 is deleted.
Justification
I t is not necessary to put such a provision in the bill.
Deleted with the same reason as the Committee.
8
II
Schedules
The Schedules of the Bill are Deleted.
Justification
- T h e m : ~ is no"thinginore t6be provided for. '
Long title of the Bill
The long title of the bill is deleted.
Justification
- The bill is obnoxious.
Conclusion
The Signatories to this minority report will raise the issues pertaining to
protection of children against recruitment into homosexuality with the
Committee on gender, Labour and Social Development which is currently
considering the bill on Children.
The Proposals to protect children are as follows;
(a) It is a felony for any person eighteen (18) years of age or older, with
intent to gratify the lust, passions, or sexual desire of the actor, minor',
child or third party, to:
a. Solicit a minor child under the age of eighteen (18) years to
participate in a sexual act;
b. Cause or have sexual contact with such minor child, not amounting to'
lewd conduct.;
c. Make any photographic or electronic recording ofsuch minor.child; or
d. Induce, cause or pennit a minor child to witness an act of sexual '
conduct.
(b) For thepurposes of this section "solicit" means any written, verbal, or
physical act which is intended to communicate to such minor child the
desire of the actor or third party to participate in a sexual act or
participate in sexual foreplay, by the means of sexual contact,
photographing or observing such minor child engaged in sexual contact.
(c) For the purposes of this section "sexual contact" means any physical
contact between such minor child and any person, which is caused by
the actor, or the actor causing such minor child to have self contact.
(d) For the purposes of this section "sexual conduct" means human
masturbation, sexual intercourse, sadomasochistic abuse, or any"
9
.1'1
touching of the genitals or pubic areas of the human male or female, or'
the breasts of the female, whether alone or between members of the
same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
(e) Any person 'guilty of aviolationo!the provisions o/this section shall be
. imprisoned for a period not to exceed twenty-five (25) years.
I beg to report.
SIGNATURES
NO.
1.
NAME
Hon. Otada
Amooti
CONSTITUENCY
Sam Kibanda County
PARTY
Indpt
Indpt
SIGN
10