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#461405 - 02/24/14 06:57 PM The charge is "aggravated homosexuality"...
Chase Eric Offline
Moderator
MaleSurvivor

Registered: 10/25/10
Posts: 1447
...and the sentence is life in prison...

"They're disgusting. What sort of people are they?" he said.

This was so difficult to read. But I put it here because the gay community cannot afford to ignore this. I go down the street and have a drink, and my biggest worry is that Tony mixed it too strong. In Uganda, I could be executed.
_________________________
Eirik




Click my pic to see why I'm here

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#461425 - 02/24/14 10:05 PM Re: The charge is "aggravated homosexuality"... [Re: Chase Eric]
victor-victim Offline


Registered: 09/27/03
Posts: 3432
Loc: O Kanada
the response:
After forming an international alliance, a group of LGBT (Kuchu) Ugandans, persecuted for their sexuality in Uganda and now living in exile, have sent this open letter to Uganda’s President Museveni.

caution: heart=breaking | trigger warning.


----------------
Open letter to President Yoweri Kaguta Museveni
From: Kuchu Diaspora Alliance (KDA)
Dated: January 2, 2014
Dear President Museveni,
We are Ugandans in the Diaspora. At the hands of state officials, faith leaders, and family members we have been abused, ostracized, and dehumanized. As a result, we have been forced to flee our country in search for refuge. We are writing to tell you our story so that our concerns will be considered.
Although we find ourselves exiled, we remain connected to our country. Our heritage is undeniably Ugandan. The struggles and triumph of our nation form an unquestionable fabric of who we are. Regrettably, lesbian, gay, bisexual, transgender, and intersex persons in Uganda are denied the freedom to enjoy the peace of the country.
In the wake of Parliament’s passage of the Anti-Homosexuality Bill, we have found our collective voice to request your intervention in upholding the values championed by your leadership. The story of our country is that of liberation from the tyranny of past leadership. We believe in the principles of peace and liberation as espoused by the National Resistance Movement. This year, as we look back on the 28 years of your leadership, we still believe in a Uganda where all citizens have freedom to exercise their inherent right to peaceful existence.
Mr. President, as you decide on the Anti-Homosexuality Bill, we ask that you reflect on your words that we should not be “killed” or “persecuted.” As Ugandans await your decision on this bill, we ask that you consider this legislation a matter of public policy. Demonizing an already marginalized group of people creates an environment of fear which prevents them from seeking health services. Any law that criminalizes the existence of a particular group of people will restrain progress.
We hope that you will champion the same progress that once made Uganda a model in fighting AIDS.
Although the death penalty clause was eliminated from the bill, criminalizing innocent Ugandans and silencing those who address human rights violations will lead to escalated violence, discrimination, and blackmail against members of our community. If made law, the bill—as with all legislation that is not based on informed research—could become an instrument of torture to all Ugandans who differ in belief and opinion. The effects of signing a bill that threatens the lives of innocent citizens may be impossible to reverse.
We call for meaningful dialogue on issues that divide Ugandans. We ask for informed research as opposed to irrational reaction to issues of human sexuality. Social change in Uganda will not be achieved through violent means but through sustained dialogue and respect for the humanity of all Ugandans.
May God grant you continued wisdom and counsel. We wish you and your family a fruitful 2014.
Most Respectfully,
Kuchu Diaspora Alliance

-----------------------------

this was our response from the bc federation of labour (2012) convention, which i attended on behalf of my local, and we voted in favour of this motion.
RESOLUTION: D-10
THE FEDERATION WILL work with the CLC to support the human rights of the LGBT
community in Uganda.


this is from the CLC:
Resolution GR-157 - Uganda Anti-Homosexuality Law
The Canadian Labour Congress (CLC) will work with unions, human rights organizations and lesbian, gay, bisexual and transgender (LGBT) organization to ensure the Uganda anti-homosexuality law is not passed, and if it is passed, that it is repealed;

The CLC will work with our allies globally to protect the human rights of LGBT people in Uganda and globally;


-----------------------------
this from the CLC Statement on the International Day Against Homophobia and Transphobia

"Despite the work that has been done to eliminate homophobia and transphobia, crimes and hatred against the LGBT community still exist. In 2010, over 76 countries around the world have deemed relationships by same sex couples as illegal and in some areas being a member of the LGBT community is still punishable by death as capital punishment.

This year is sadly marked by the horrific murder of David Kato Kisule, social and political activist for Uganda and the greater global LGBT community. His death is a reminder of the extreme challenges many LGBT people face. Although we have made some strides, violence against LGBT people
still persists.

Canada's labour movement is proud of its part in fighting for equality for our LGBT members – in the workplace and in the broader community. We are committed to continuing the fight for LGBT rights in the workplace, including legislation and collective agreement language on workplace bullying and violence. The CLC will continue to work with our allies to mobilize and fight to have the full rights for trans peoples amended under Canada’s Criminal Code and the Canadian Human Rights Act.

Today the Canadian Labour Congress re-affirms our commitment to ending homophobia and transphobia in the workplace, communities and society. We will continue to work with our affiliates and our allies to challenge and eliminate all forms of discrimination
."

David Kato Kisule was a Ugandan teacher and LGBT rights activist, considered a father of Uganda's gay rights movement and described as "Uganda’s first openly gay man". He served as advocacy officer for Sexual Minorities Uganda (SMUG). Kato was murdered in 2011, shortly after winning a lawsuit against a magazine which had published his name and photograph identifying him as gay and calling for him to be executed.
Rolling Stone was a weekly tabloid newspaper published in Kampala, Uganda. The paper published its first issue on 23 August 2010.
It suspended publication in November 2010, after the High Court ruled that it had violated the fundamental rights of LGBT Ugandans by attempting to out them and calling for their deaths.
On 9 October 2010, the newspaper published a front page article—titled "100 Pictures of Uganda's Top Homos Leak"—that listed the names, addresses, and photographs of 100 homosexuals alongside a yellow banner that read "Hang Them".
The Ugandan paper is unaffiliated with the American magazine Rolling Stone, which later described the Ugandan paper's actions as "horrific" and protested its choice of name.


_________________________
Victor|Victim

War
Love
Poetry

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#461430 - 02/24/14 10:24 PM Re: The charge is "aggravated homosexuality"... [Re: Chase Eric]
Ever-fixed Mark Offline
Member
MaleSurvivor

Registered: 01/02/10
Posts: 729
Loc: United States
That's the "official" penalty. Uganda's best known gay activist was already murdered many months prior to this law being enacted. If the Russian "Gay Propaganda" bill has created a wave of neo-nazis capturing, kidnapping, torturing, and beating gay men and teens (with impunity), can you imagine what *this* bill will give license to?

-efm
_________________________

Everybody here's got a story to tell
Everybody's been through their own hell
There's nothing too special about getting hurt
Getting over it, that takes the work

- "Duck and Cover" by Glen Phillips

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#461436 - 02/24/14 10:57 PM Re: The charge is "aggravated homosexuality"... [Re: Ever-fixed Mark]
victor-victim Offline


Registered: 09/27/03
Posts: 3432
Loc: O Kanada
here is the uganda bill of rights as found in the constitution of uganda.
Originally Posted By: UGANDA Constitution

1. Basic and other human rights and freedoms. (Article 20)

(1) Basic rights and freedoms of the individual are inherent (natural) and not given by the State.

(2) All rights and freedoms must be respected, and promoted by all organs of Government and by all persons.

2. Equality and freedom from discrimination. (Article 21)

(1) All persons are equal and entitled to the same protection under the law.

(2) A person shall not be unfairly treated on grounds of sex, race, colour, tribe, birth, belief, religion, social or economic standing, political opinion or disability of any kind.

(3) Parliament has the power to pass laws that are necessary to put into practice policies and programmes aimed at resolving social, economic, educational or other differences in society.

3. Right to life. (Article 22)

(1) Every person has a right to life but that right may be taken away if a person is found guilty and sentenced to death in a fair trial by a competent court and the highest appellate court has confirmed the sentence.

(2) The life of an unborn child must not be ended except as permitted by law.
4. Right to personal liberty. (Article 23)

(1) No person shall be denied personal liberty except under the following circumstances—

(a) by an order of court;

(b) upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of Uganda;

(c) for preventing the spread of an infectious disease;

(d) for education or welfare of a person below the age of eighteen years;

(e) for providing care or treatment of a person suspected to be of unsound mind or addicted to drugs or alcohol or for the protection of the community;

(f) for preventing unlawful entry into Uganda;

(g) in any other circumstances as provided by law.

(2) A person arrested, detained or restricted —

(a) must be kept in a place provided under the law;

(b) must be informed immediately in a language he or she understands of the reasons for the arrest, detention or restriction and the right to a lawyer to represent him or her;

(c) must be brought to court not later than forty-eight hours from the time of arrest;

(d) must have access to the next of kin, lawyer and personal medical doctor and to medical treatment at his or her cost;

(e) is entitled to apply to court to be released on conditions ordered by the court.

(3) In the case of a crime to be heard by the High Court and magistrates courts a person held in custody for sixty days before trial shall be released on bail on conditions considered reasonable by the court.

(4) In the case of a crime to be heard only by the High Court, a person held in custody for one hundred and eighty days before the case is referred to the High Court must be released on bail on such conditions considered reasonable by the court.

(5) A person unlawfully arrested, restricted or detained by any other person or authority shall be entitled to compensation from that person or authority arresting, restricting or detaining him or her.

(6) Where a person is found guilty and sentenced to imprisonment, any period he or she spends in lawful custody concerning that offence before the sentence is imposed shall be taken into account in determining the period of imprisonment.

(7) The right to an order requiring a person who has custody of another person to produce him or her in court shall not be suspended.
5. Protection from inhuman treatment. (Article 24 and 25)

(1) A person shall not be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment, or held in slavery.

(2) No person shall be required to perform forced labour.

(3) ‘Forced labour’ does not include any work—

(a) done in fulfillment of a sentence or order of court;

(b) done when a person is in prison which is reasonably necessary for purposes of hygiene or maintenance of the place of dention;

(c) required to be done by a member of the armed forces or under navy or during war, or community service;

(d) done during the period of emergency or calamity.

6. Protection of property. (Article 26)

(1) Every person has a right to own property either as an individual or with others.

(2) A person’s property of any kind must not be taken away from him or her

except—

(a) where it is necessary for public use and in the interest of defence, public safety, order, morality or health;

(b) under the law which makes provision for prompt payment of fair and adequate compensation prior to the taking of the property;

(c) under a law which makes provision for a right of access to a court of law by any person who has an interest over the property.

7. Right to privacy. (Article 27)

No person shall be subjected to unlawful search of the body, home or other property or to unlawful entry of his or her premises.

8. Right to a fair hearing. (Article 28)

(1) Every person has a right to a fair, quick and public hearing before an

independent court or tribunal established by law.

(2) A court or tribunal may exclude the public from any hearing before it.

(3) A person charged with a crime shall—

(a) be presumed innocent until proved guilty or pleads guilty;

(b) be informed immediately in a language he or she understands, of the nature of the offence;

(c) be allowed to appear before the court in person or at his or her expense, by a lawyer of his or her choice;

(d) be entitled to a lawyer at the expense of the state in case of an offence which carries a sentence of death;

(e) be given adequate time and facilities to put up a defence;

(f) be entitled free of charge to an interpreter;

(g) be allowed to examine a witness called against him or her;

(h) be assisted to call witnesses;

(i) not be tried for an offence not defined by law;

(j) not be tried more than once for the same offence except by an order of a

superior court upon review.

(4) The trial of an accused person shall not take place in his or her absence without his or her consent unless that person conducts himself or herself in such a way that makes it impossible for the court to continue with the hearing and the court makes an order for the trial to proceed without him or her.

(5) Every accused person is entitled to a copy of court proceedings upon payment of a fee.

(6) A person shall not be charged with or convicted of a criminal offence, which at the time it took place was not considered a criminal offence.

(7) A person shall not be tried for a criminal offence for which he or she has been pardoned.

(8) Except for contempt of court, a person shall not be convicted of a criminal offence unless the offence is defined and a penalty provided for by law.

(9) Where a person is tried for a crime neither that person nor the spouse must be forced to give evidence against that person.

9. Right to freedom of assembly and association. (Article 29)

Every person has a right to—

(a) freedom of assembly and to demonstrate together with others peacefully and unarmed and to petition;

(b) freedom of association which includes the freedom to form and join associations orunions like trade unions or other political and public organisations.

10. Freedom of speech and expression. (Article 29(1) (a))

Every person has a right to freedom of expression and this includes freedom of the press and other media.

11. Freedom of conscience and religion. (Article 29(1) (b))

A person is free to practise any religion and to belong to any religious organisation, freedom of thought, conscience and belief, and academic freedom in institutions of learning, in a manner consistent with the Constitution.

12. Freedom of movement. (Article 29(2))

Every Ugandan has a right to—

(a) move freely within Uganda as he or she wishes;

(b) settle anywhere in Uganda;

(c) enter, leave and return to Uganda; and

(d) a passport or other travel document.

13. Right to Education. (Article 30)

All persons have a right to education.

14. Rights of the family. (Article 31)

(1) A man and woman are entitled to marry if they are each of the age of eighteen years and above and are entitled—

(a) to start a family;

(b) to equal rights at and in marriage, during and after marriage.

(2) Marriage between persons of the same sex is prohibited (not allowed).

(3) Marriage is to be entered into freely by the man and woman intending to

marry.

(4) It is the right and duty of parents to care for and bring up their children and they may not be separated from them except where the law so allows.

(5) Parliament shall make laws for the protection of the rights of widows and widowers to inherit property of their deceased spouses and to enjoy parental rights over their children.

15. Special provisions for disadvantaged groups. (Article 32)

(1) The State must take positive steps in favour of the groups disadvantaged on the basis of their sex, age, disability or for any other reason created by history, tradition or custom, so as to correct the imbalances against those groups.

(2) Laws, cultures, customs and traditions which are against the dignity or interests of women or other disadvantaged groups are prohibited.

(3) Parliament shall make a law to establish the Equal Opportunities Commission.

16. Rights of women. (Article 33)

(1) Women shall be given full and equal dignity of the person, and equal opportunities in political, economic and social activities with men.

(2) The State shall provide for the facilities and opportunities necessary to improve or realise women’s full potential and advancement.

(3) The State shall protect the rights of women, taking into account their unique status and natural maternal functions in society.

17. Rights of children. (Article 34)

(1) Children have the right to know and be cared for by their parents or those entitled by law to bring them up.

(2) A child has a right to—

(a) basic education which is the responsibility of the State and the parents of the child;

(b) protection from social or economic exploitation and must not be employed in or required to perform work that is dangerous to his or her health or physical, moral or social development or to interfere with his or her education.

(3) A child shall not be denied medical treatment or any other social or economic benefit by reason of religious or other beliefs.

(4) A child is a person below the age of sixteen years for the purposes of employment.

(5) A child who has committed an offence, who is kept in lawful custody must be kept separately from adult offenders.

(6) The law shall give special protection to orphans and other disadvantaged children.

18. Rights of persons with disabilities. (Article 35)

(1) Persons with disabilities have a right to respect and human dignity.

(2) The State and society must take necessary steps to ensure that persons with disabilities realise their full mental and physical potential.

19. Rights of minorities. (Article 36)

Minorities have a right to participate in decision-making processes and their views and interests shall be taken into consideration in the making of national plans and programmes.

20. Right to culture and similar rights. (Article 37)

A person has a right to belong to, enjoy, practise, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others.

21. Civic rights and activities. (Article 38)

(1) Every Ugandan citizen has a right to participate in the affairs of Government,

individually or through his or her representatives according to the law.

(2) Every Ugandan has a right to participate in peaceful activities to influence the

policies of Government through civic organisations.

22. Right to a clean and healthy environment. (Article 39)

Every Ugandan has a right to a clean and healthy environment.

24. Economic rights. (Article 40(1))

Parliament shall pass laws—

(a) to provide for the right of persons to work under good, safe and healthy conditions;

(b) to ensure equal payment for equal work without discrimination; and

(c) to ensure that every worker is given rest and reasonable working hours and periods of holidays with pay, as well as payment for public holidays.

25. Workers’ Rights. (Article 40(2) and (3))

(1) Every worker has a right to practise his or her profession, carry on any lawful business or trade, form or join a trade union and withdraw his or her labour according to law;

(2) The employer of every woman worker shall provide her protection during pregnancy and after birth, in accordance with the law.

26. Right of access to information. (Article 41)

Every citizen has a right of access to information in the possession of the State or any other organ of the State except where the release of the information is likely to interfere with the security of the State or the right to the privacy of any other person.

27. Right to fair treatment in administrative decisions. (Article 42)

A person appearing before any administrative official or body has a right to be treated fairly and to apply to a court of law in respect of any administrative decision taken against him or her.

28. Restriction on fundamental and other human rights and freedoms. (Articles 43 and 44)

(1) In the enjoyment of the rights and freedoms no persons shall violate the fundamental or other human rights and freedoms of others or the public interest.

(2) The right to freedom from torture and cruel, inhuman or degrading treatment, freedom from slavery, fair hearing and the right to an order requiring a person who has custody of another to produce the person in a court of law, shall not be interfered with.

29. Human rights and freedoms additional to other rights. (Article 45)

The rights and duties relating to fundamental and other human rights and freedoms specifically mentioned in the Constitution shall not be considered as excluding others not specifically mentioned.

30. Laws made for a state of emergency. (Article 46)

(1) An Act of Parliament passed during a state of emergency, which authorises the taking of reasonably justifiable measures that affect individual rights and freedoms shall not be taken to violate the rights and freedoms under the Constitution.

(2) The provisions of any law other than a law made by Parliament dealing with a state of emergency declared under the Constitution shall apply only to that part of Uganda where the emergency exists.

31. Detention under emergency laws. (Article 47)

(1) Where a person is detained under a law during a state of emergency the

following shall apply—

(a) the person must be informed in writing within twenty-four hours, the grounds upon which he or she is detained;

(b) the person’s relatives shall be informed of the detention and allowed to see the person within seventy-two hours;

(c) not more than thirty days after detention or restriction, a notice giving particulars of the provisions of the law and the grounds of detention or restriction of that person must be published in the gazette and the media.

(2) A person restricted, detained or in custody as a result of the state of emergency shall be released immediately at the end of the emergency period, unless charged with a criminal offence in a court of law.

32. Enforcement of rights and freedoms by courts. (Article 50)

(1) Any person who claims that a fundamental or other right or freedom provided for under the Constitution has been abused is entitled to apply to court for remedy, which may include compensation.

(2) Any person or organisation may bring an action against the violation of another person’s or group’s human rights

(3) Any person aggrieved (not satisfied) by any decision of the court may appeal against the decision in an appropriate court.

33. Uganda Human Rights Commission. (Articles 48, 51, 52 and 54)

(1) There shall be a commission called the Uganda Human Rights Commission which shall be an independent body consisting of a chairperson and not less than three other persons with high moral character and proven integrity, appointed by the President and approved by Parliament to serve for a period of six years.

(2) The functions of the commission include—

(a) investigating complaints on its own initiative or on a complaint by any person or group of persons against the violation of any human right;

(b) visiting jails, prisons and places of detention and restriction with a view to assessing and inspecting conditions of prisoners and making recommendations;

(c) promoting the respect of human rights through programmes of research, education and information;

(d) recommending to Parliament effective measures to promote human rights, including provision of compensation to victims of violations of human rights or their families;

(e) creating and sustaining within society the awareness of the provisions of the Constitution;

(f) monitoring Government compliance with international treaty and convention obligations on human rights; and

(g) carrying out other functions as Parliament may provide.

(3) The Uganda Human Rights Commission shall review the case of a person who is restricted or detained under a state of emergency.

(4) During a state of emergency, the responsible Minister shall make a report every month to indicate the number of persons restricted or detained and actions taken to comply with the findings of the Uganda Human Rights Commission.

34. Powers of the Commission. (Article 53)

(1) The commission shall have powers of a court to—

(a) issue summons or other orders requiring the attendance of any person before the commission and also the production of any document;

(b) question any person on any matter being investigated by the commission;

(c) require any person to disclose any information within his or her knowledge relevant to any question by the commission; and

(d) commit persons for disobeying its orders.

(2) The commission may, if satisfied that there has been an infringement of a human right or freedom, order—

(a) the release of a detained or restricted persons;

(b) payment of compensation;

(c) any other legal remedy.

(3) Any person dissatisfied with the decision of the commission may appeal to the High Court.

35. Removal of a commissioner. (Article 56)

A commissioner may be removed from office for—

(a) inability to perform the functions of his or her office;

(b) misbehaviour or misconduct; or

(c) incompetence.


this too, from the uganda constitution:
Originally Posted By: UGANDA Constitution

National Objectives and Directive Principles of State Policy

General
I. Implementation of objectives.

The following objectives and principles shall guide all organs and agencies of the State, all citizens, organisations and other bodies and persons in applying the Constitution and any other law and policy decisions.
The President shall report to Parliament and the nation at least once a year, all steps taken to ensure the realisation of these policy objectives and principles.

Political objectives

Protection and promotion of fundamental and other human rights and freedoms

V. Fundamental and other human rights and freedoms.

This is to ensure that the State guarantees respect for institutions charged with the duty of protecting and promoting human rights and the independence of nongovernmental organisations which protect and promote human rights.

VI. Gender balance and fair representation of marginalised groups.

This is to ensure equal treatment of men and women in all aspects of life under the law and fair representation of disadvantaged groups on all constitutional and other bodies.

_________________________
Victor|Victim

War
Love
Poetry

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#461466 - 02/25/14 10:13 AM Re: The charge is "aggravated homosexuality"... [Re: Chase Eric]
Ever-fixed Mark Offline
Member
MaleSurvivor

Registered: 01/02/10
Posts: 729
Loc: United States
I'm not sure what this extract from the Ugandan constitution is meant to mean.

Sexual orientation and gender identity isn't called out and a strong and independent judiciary would be needed to make a constitutional challenge and overturn the law. Popular opinion would be a factor in a court decision and just 11% of Ugandans believe being gay is morally acceptable. Unless the judiciary grows a huge pair, I don't see how it helps terrified gays and lesbians.

Incidentally, the "Anti-Homosexuality Bill" is also in contravention of international agreements to which Uganda is a signatory. The reality is that being gay has been positioned as a "Disease of the West" which doesn't occur in Uganda (or Africa) and can only come from Western corruption. Look for NGOs in Uganda to get squeezed out for trying to make the lives of LGBT people one iota less miserable.

I'm not sure what you were trying to say by posting these extracts without context or comment. If the unspoken contention was that the Ugandan constitution forbids it, I think the experience in the United States is instructive.

Discriminating against gay, lesbian, bi and trans people is arguably just as unconstitutional under the US constitution, but here we are with over half the states still able to prevent us from getting housing, employment, financial services, and other public accommodations, not to mention denying us equal marriage. Now a rash of US state legislatures are passing "right to discriminate" laws under the cover of "protecting religious freedom" to shore up support against marriage equality and do an end run around states with anti-discrimination protections.

I guess what I'm saying is that a constitution isn't any guarantee of fair or equal treatment while fear and ignorance expresses itself as rampant homophobia.

-efm
_________________________

Everybody here's got a story to tell
Everybody's been through their own hell
There's nothing too special about getting hurt
Getting over it, that takes the work

- "Duck and Cover" by Glen Phillips

Top
#461467 - 02/25/14 10:28 AM Re: The charge is "aggravated homosexuality"... [Re: Ever-fixed Mark]
peroperic2009 Offline
Moderator
MaleSurvivor

Registered: 10/09/11
Posts: 3618
Loc: South-East Europe
Originally Posted By: Ever-fixed Mark

Discriminating against gay, lesbian, bi and trans people is arguably just as unconstitutional under the US constitution, but here we are with over half the states still able to prevent us from getting housing, employment, financial services, and other public accommodations, not to mention denying us equal marriage.

-efm


This is something that amaze many people from "civilized world" I must add. I'd be free to share theory about colonial class ruthless system that is imprinted in every pore of some societies. It is visible in legal framework in cases like here where is allowed systematically erasing the most basic human rights.
It is not wonder for some new democracies about such practice but in western world there are couple exceptions that are more than troublesome and actually not possible to understand from outside.

Pero

PS. please if possible restrain form personal attacks and questioning other members when posting on public boards.
We as community need to learn to have more acceptance for others and their views.


Edited by peroperic2009 (02/25/14 10:32 AM)
_________________________
My story

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#461529 - 02/26/14 01:16 AM Re: The charge is "aggravated homosexuality"... [Re: Chase Eric]
victor-victim Offline


Registered: 09/27/03
Posts: 3432
Loc: O Kanada
i think i found it.
i can't say for sure if this is the actual law from uganda that was passed
but the website i found the pdf file on says that it is...
"the full text of the proposed Anti-Homosexuality Bill that was introduced into Uganda’s Parliament ".

trigger warning.


Originally Posted By: UGANDA Government

TRIGGER WARNING!
this is upsetting to read.


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 nation’s 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 — JURISDICTION.

15. Jurisdiction.
16. Extra-territorial Jurisdiction.
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.

1. 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 does not necessarily culminate in intercourse and may include the touching of another’s 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 person’s 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;

(c) 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 victim’s 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 — JURISDICTION

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.
_________________________
Victor|Victim

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#461731 - 02/28/14 02:53 PM Re: The charge is "aggravated homosexuality"... [Re: peroperic2009]
victor-victim Offline


Registered: 09/27/03
Posts: 3432
Loc: O Kanada
this story just got weirder.

Originally Posted By: GayStarNews


Pope will fly to Uganda to worship martyrs who rejected gay sex

Catholic martyrs were canonized after an African king had them executed for not sleeping with him.


Pope Francis will be flying to Uganda in order to praise Uganda martyrs who rejected gay sex from the country's former king.

The head of the Catholic Church will visit Uganda in October, which has recently enacted one of the worst anti-gay laws in the world.

Prime Minister Amama Mbabazi has confirmed the Pope has accepted the invitation to attend the celebrations to mark 50 years since the canonisation of the Uganda Martyrs.

The martyrs, who were killed between 1885 and 1887, refused to have sex with the gay King Mwanga II of Bugunda, now part of Uganda.

In a report released by Sexual Minorities Uganda, it proved it was not true that homosexuality is ‘un-African’ and it existed long before British colonialized the country in 1894.

Researcher Ambrose Mukasa said: ‘It is documented that King Mwanga II had many young men in his palace and was sodomizing them at his will.

‘When missionaries introduced Christianity and some of the young men were baptized and taught about the dangers of homosexuality, they started denying Mwanga the usual “pleasure” he used to get from them.

‘Mwanga reportedly became annoyed and went wild wondering how mere pages had started disobeying him. He clashed with the missionaries.

‘He instructed the killing of all the young men who disobeyed him – with the executions taking place between 1885 and 1887.

‘The murdered young men were considered martyrs because they resolved to die for their new religion rather than surrendering their bodies to the king.’

Junior Mayema, an African activist, said: 'The irony is that the martyrs were killed for resisting the homosexual advances of the Bugandan king, Mwanga.

'Sort of flies in the face of the "homosexuality is un-African" script.'

The martyrs were canonized in 1964 by Pope Paul VI.

February 2014 | By Joe Morgan | GayStarNews


Originally Posted By: GayStarNews


World Bank suspends $90 million loan to Uganda over anti-gay law as currency dips

Uganda is seeing further financial consequences over the passing of its notorious Anti-Homosexuality Bill that jails gays for life with the World Bank suspending a major development loan.


The World Bank has suspended a $90million (€65million) loan to Uganda over its passing of the notorious Anti-Homosexuality Act which gives life imprisonment for anyone convicted of gay sex.

The loan was to go to go to Uganda’s health system but the World Bank has announced it will postpone the lone while it reviews whether Uganda’s development objectives could be negatively affected by the passing of the law.

The World Bank still has $1.56 billion worth of projects in Uganda but World Bank president Jim Yong Kim has signaled the bank will take a harder line with countries that have discriminatory laws.

Kim outlined his concerns in a column for the Washington Post, writing that ‘Institutionalized discrimination is bad for people and for societies.’

‘Widespread discrimination is also bad for economies. There is clear evidence that when societies enact laws that prevent productive people from fully participating in the workforce, economies suffer,’ Kim wrote.

‘Discrimination based on other factors, such as age, race or sexual orientation, has similarly bad outcomes. Legislation restricting sexual rights, for instance, can hurt a country’s competitiveness by discouraging multinational companies from investing or locating their activities in those nations.

‘At the World Bank Group, we will have a full internal discussion over the coming months about discrimination more broadly and how it would affect our projects and our gay and lesbian staff members. My view is that the fight to eliminate all institutionalized discrimination is an urgent task.

‘After all, the bottom line is clear: Eliminating discrimination is not only the right thing to do; it’s also critical to ensure that we have sustained, balanced and inclusive economic growth in all societies — whether in developed or developing nations, the North or the South, America or Africa.’

Uganda’s national currency the Shilling has also dipped since the passing of the Anti-Homosexuality Bill – dropping nearly 2%.

Norway, Denmark and the Netherlands have already suspended or redirect aid to Uganda so it goes via other organizations, rather than the government.

The US is also reviewing its financial support for Uganda.


February 2014 | By Andrew Potts | GayStarNews
_________________________
Victor|Victim

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#461749 - 02/28/14 06:58 PM Re: The charge is "aggravated homosexuality"... [Re: Chase Eric]
lapchinj Offline
Member
MaleSurvivor

Registered: 06/07/11
Posts: 1237
Loc: New York
It hurts me very badly that the Pope of all people will go to the worst country in the world to worship martyrs. At this time when the the country just past a bill that can put gays in jail for life in the name of Christianity. What happened to the pope saying that the church should welcome in gays, of course so they can be "fixed" but no other pope said such a thing. Why can't the pope pray for their souls from the vatican? How can he give the new anti-gay law legitimacy by going there? This is crazy, I would have imagined that he would condemn such a horrible law instead his going there will add gasoline to the fire.

Even though I'm not Catholic I had hoped he would be a breath of fresh air open to "all" people especially the oppressed. He just Poped my balloon. He is no better than every other leader of a religion who use their bible as an axe to deliberately hurt people because god said this or that. It plays like a bad, cheap horror movie when in this case the scapegoat is the LGBT community which is causing their economic problems. It reminds me of another group of people 70 years ago that blamed their economic problems on other "disgusting" peoples.

**************
this was uncalled for and I apologize if I offended anyone
**************

Unfortunately the list goes on even here in the good old US of A. Here we call it discrimination against religious people. Here we don't call it anti gay legislation, instead we call the legislation to protect the rights of the religious communities. Are we so scary???

I don't even know how to explain or show how sad and hurt I am for the good people around the world that are now under the threat of death from vigilantes and imprisonment from governments.

Peace, Rainbows, Love, Healing & Hope
Jeff


Edited by lapchinj (03/01/14 06:37 PM)
Edit Reason: See the comment between the *********'s
_________________________
Stick around, It will get better....

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#461750 - 02/28/14 07:07 PM Re: The charge is "aggravated homosexuality"... [Re: lapchinj]
victor-victim Offline


Registered: 09/27/03
Posts: 3432
Loc: O Kanada
Originally Posted By: lapchinj

At this time when the the country just past a bill that can put gays in jail for life in the name of Christianity.

Peace, Rainbows, Love, Healing & Hope
Jeff


i just reread and double-checked the content of the legislation, and there is no mention of "christianity" or "christ".
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