The Process Ugandan Parliament Needs to Pass the Anti-Homosexuality Bill

Posted by Melanie Nathan, November 21, 2012.

Uganda‘s Anti-Homosexuality Bill (often called the “Kill the Gays bill” in the media)^[1][2][3] is a legislative proposal that would broaden the criminalisation of same-sex relations in Uganda by dividing homosexual behavior into two categories: “aggravated homosexuality”, in which an “offender” would receive the death penalty, or “the offence of homosexuality” in which an offender would receive life imprisonment. “Aggravated homosexuality” is defined to include homosexual acts committed by a person who is HIV-positive, is a parent or authority figure, or who administers intoxicating substances, homosexual acts committed on minors or people with disabilities, and repeat offenders. “The offence of homosexuality” is defined to include same-sex sexual acts, involvement in a same-sex marriage, or an attempt to commit aggravated homosexuality. It further includes provisions for Ugandans who engage in same-sex relations outside of Uganda, asserting that they may be extradited for punishment back to Uganda, and includes penalties for individuals, companies, media organisations, or non-governmental organisations that know of gay people or support LGBT rights. (Wikipedia)

The private member’s bill was submitted by Member of Parliament David Bahati on 14 October 2009. Same-sex relationships are currently illegal in Uganda—as they are in many sub-Saharan African countries—punishable by incarceration in prison for up to 14 years. The proposed legislation in Uganda has been noted by several news agencies to be inspired by American evangelical Christians. A special motion to introduce the legislation was passed a month after a two-day conference was held in which three American Christians asserted that homosexuality is a direct threat to the cohesion of African families. Several sources have noted endemic homophobia in Uganda has been exacerbated by the bill and the associated discussions about it. American evangelicals have also been accused of taking advantage of social and economic circumstances in Uganda to export the American ‘culture war’ to Africa.

The bill, the government of Uganda, and the evangelicals involved have received significant international media attention as well as criticism and condemnation from many Western governments and those of other countries, some of whom have threatened to cut off financial aid to Uganda. The bill has also received protests from international LGBT, human rights, civil rights, and scientific organisations. In response to the attention, a revision was introduced to reduce the strongest penalties for the greatest offences to life imprisonment. Intense international reaction to the bill, with many media outlets characterising it as barbaric and abhorrent, caused President Yoweri Museveni to form a commission to investigate the implications of passing it. The bill was held for further discussion for most of 2010. In May 2011, parliament adjourned without voting on the bill; in October 2011 debate was re-opened.^[4] Bahati re-introduced the bill in February 2012.^[5]

In November 2012, Uganda agreed to pass a new law against homosexuality by the end of 2012 as a “Christmas gift” to its advocates, according to the speaker of parliament.^[6]

How a private members BILL becomes LAW in UGANDAN PARLIAMENT
by  Kasha on Wednesday, November 21, 2012 at 9:11pm ·

THE PARLIAMENT OF THE REPUBLIC OF UGANDA

The Process of the Bill in Parliament

How a Bill becomes Law

1. PRIVATE MEMBER’S BILL. Article 79(1) of the constitutional provides that

“parliament shall have the power to make the Laws on any matter for the peace, order,

development and good governance of Uganda”.

A bill is a draft of an Act of parliament and includes both a private member’s Bill

and a Government Bill. A private member’s Bill is moved by a backbench MP.

A. Plenary

. MP. Committee chairperson moves motion seeking leave (permission) to present

private member’s Bill.

. Provides proposed draft of the Bill.

. MPs debate and vote on motion.

. If the MPs reject the motion; the private member’s Bill is dropped.

. If the motion is approved: printing and publication of the Bill is done by clerk to

parliament.

. Bill is published in the Gazette

. Private member’s Bill is introduced for the first reading accompanied by certificate

of financial implication.

. Speakers refer Bill to appropriate committee.

B. Committee

. Committee scrutinizes Bill

o Calls responsible mover(s)

o Calls various stakeholders and government in public hearings

o Reviews relevant and related laws/documents

o Writes report with proposed amendments to plenary

C. Plenary

. Mover moves and justifies motion for second Reading of the Bill

. Committee chairperson presents report on the Bill

. Minority Report is presented (if it exists )

. MPs debate committee report on principles of the Bill

. Parliament votes for second Reading of the Bill

. Bill referred to the committee of the whole house

.

D. Committee of the Whole House

. Committee of the whole house means a committee composed of the whole body MPs.

. Chaired by the speaker /deputy speaker (referred to as chairperson)

. Sits in the chamber.

. Speakers leaves the chair, sits at the clerk’s Table

. MPs approve causes, and schedules of the Bill.

E. Plenary

. MP in charge of Bill asks plenary to resume

. Reports outcome of committee of the whole house

. Plenary votes for Third Reading of the Bill

F. Clerk’s office

. Clerk’s office prepares copies for authentication and Assent of the president.

. Copy sent to the president.

G. Presidents office

. President assents to Act of parliament*

. Act of parliament becomes Law of Uganda

. Implementation starts on commencement date

. Law is published in government Gazette

*president may reject to give assent

Constitution provides that the president shall within 30days after a bill is presented to

him/her either:-

o Assent to the bill

o Return the bill to parliament with a request that the bill or a particular provision

of it be reconsidered by parliament; or

o Notify the speaker in writing about the decision

The bill may be reconsidered and then presented for the president’s approval. However it

may become law without the president’s assent if he/she returns it to parliament two times.

It should have the support of at least two- thirds of all MPs.

+++++++++++++++++++++++++++++++++++++++++++++++++++

***NOTE here is the order Paper-

NOTICE OF BUSINESS TO FOLLOW

1. MOTION FOR A RESOLUTION OF PARLIAMENT TO URGE GOVERNMENT TO BAIL OUT SEMBULE STEEL MILLS LTD FROM THE INTENDED SALE OF ITS PROPERTIES
2. PRESENTATION, CONSIDERATION AND ADOPTION OF THE REPORT ON THE ADHOC COMMITTEE INVESTIGATING THE ENERGY SECTOR
3. THE ANTI-HOMOSEXUALITY BILL, 2012

4.         THE PUBLIC ORDER MANAGEMENT BILL, 2012

5.         REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE STATUS OF SCIENCE AND TECHNOLOGY IN PUBLIC UNIVERSITIES

6.         REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE AFRICAN SPACE RESEARCH PROGRAM (ASRP)

7.         REPORT OF THE COMMITTEE ON NATIONAL ECONOMY ON THE REQUEST BY GOVERNMENT TO BORROW SDR 87.1 MILLION (USD 135.0M) FROM THE INTERNATIONAL DEVELOPMENT ASSOCIATION (IDA) OF THE WORLD BANK GROUP FOR FINANCING OF THE WATER MANAGEMENT AND DEVELOPMENT PROJECT (WMDP)

8.         REPORT OF THE COMMITTEE ON THE NATIONAL ECONOMY ON THE STATE OF THE ECONOMY

9.         PETITION AGAINST THE OFFICIAL RECEIVER OF UGANDA ELECTRICITY BOARD (UEB) AND UEB (IN LIQUIDATION) FOR NON-PAYMENT OF GRATUITY   KAMPALA 21^ST NOVEMBER 2012

Related articles

• Uganda TV accuses President Obama of threatening sanctions if Anti-Homosexuality Bill passes (oblogdeeoblogda.me)
• Uganda Parliament | Anti- Homosexuality Bill Watch (oblogdeeoblogda.me)
• Uganda Coalition of Leaders Promote Kill the Gays with Lies (oblogdeeoblogda.me)
• Ugandan Anti-Gay Pastor Says ‘Kill the Gays Bill’ Wwill not help solve problem of homosexuality (oblogdeeoblogda.me)
• Ugandan LGBT Coalition urges extreme caution when foriegners advocate against the Anti-Homosexuality Bill (oblogdeeoblogda.me)