7 May 2021, New York/ Kampala

Parliamentarians for Global Action (PGA) condemns the 2019 Sexual Offenses Bill, adopted by the Parliament of Uganda on 3 May 2021, which violates international human rights law by criminalizing consensual same-gender sexual acts between adults.

The Bill, which is still subject to the signature of the President in order to become law, re-introduces clauses of the impugned 2014 Anti Homosexuality Act that has already been successfully challenged and overturned by the Constitutional Court on the grounds that lawmakers adopted the Bill without the requisite quorum and bypassed the required approval of the relevant Committee.

While the Bill offers provisions designed to prevent and punish sexual violence and bans child marriages, it introduces several concerning provisions significantly diminishing the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual violence victims. The Bill punishes family members who fail to report any offenses under the Bill with up to three years in prison, effectively requiring Ugandans to turn in their LGBT relatives.

This norm, if applied, has the potential to destroy the solidarity that characterizes families and communities, given that it calls for family members to translate a State-driven discrimination policy into a family-driven policy of rejection and exclusion from society of a group of individuals on the basis of their sexual orientation and/or gender identity. It must be stressed that even where there is a state of emergency situation declared under Article 4 of the International Covenant on Civil and Political Rights (ICCPR), States can “take measures derogating from their obligations under the Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.” This means that any discriminatory provision contained in this Bill, including this one directed to destroy solidarity and affection within families, constitute a breach of the ICCPR and may trigger international sanctions in response to an international wrongful act.

Also worrisome is Parliament’s action to weaken the requirement for consent to sexual acts by removing a provision clarifying that consent may be withdrawn “at any time before or during the performance of the sexual act.” The Bill also criminalizes “false sexual allegations,” a provision that activists fear could be used against sexual violence victims to disregard their claims.

It is not only the individuals concerned that suffer - such discriminatory provisions have also a far-reaching impact on the society as a whole. I am deeply saddened and concerned that this Bill, containing so many human rights retrogressing provisions has passed in my country. I can only state that I am steadfast in my objections to the criminalisation of consensual sexual intercourse between adults by whatever gender described. Hon. Fox Odoi-Oywelowo, MP (Uganda), PGA member

I am saddened and appalled by the continued violation of the basic human rights of marginalized communities across Africa. Uganda’s Sexual Offenses Bill, 2019 is one of many pieces of legislation that puts the lives of consenting adults at risk for expressing their love for each other. I call on President Yoweri Museveni to reject this Bill until it guarantees the rights of all Ugandans.Hon. Esther Passaris, MP (Kenya), PGA member

The Sexual Offenses Bill includes other provisions that violate human rights. The Bill prescribes the death sentence for “aggravated rape,” including when the rape is committed by a person who is HIV positive. PGA reiterates its strong opposition to the imposition of the death penalty under any circumstances as well as any discrimination based on a person’s HIV status.

The Bill even provides for its extra-territorial application which could, subject to further conditions, enable holding Ugandans accountable for performingany of the acts under the Bill even outside of Uganda and subjecting them to prosecution - irrespective of whether such conduct is legal where it takes place. Further, the Bill also maintains prison sentences for prostitutes, their clients, and brothel keepers, rejecting the calls by the human rights activists advocating for decriminalizing sex work, as criminalization fosters violence and limits access to justice.

Everyone has an equal right to live free from violence, persecution, discrimination and stigma. International human rights law establishes legal obligations on St that every person, without distinction, can enjoy these rights. Failure to uphold this obligation to protect the rights of LGBTI people constitutes serious violations of international human rights law and leads not only to the exclusion of the individuals from society, but also violates other rights protected by international law: the right to privacy, equal access to health, and other critical services, and rights to social and economic development, among others.

PGA, therefore, strongly calls on the President of Uganda not to assent to the Bill due to its incompatibility with Article 21 on the Right to Equality and Non-discrimination to all Ugandans as stipulated in the Constitution of the Republic as well as its international commitments on human rights. We further call on Members of the Parliament to refrain from re-introducing this bill in the next legislatures and underscore their duty to represent and respect the human rights of all members of their constituencies, including LGBT people.