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Saturday, August 2, 2014

Don't Mix Religion With Politics & The Ugandan Antigay Law Overturn

It's good news indeed as we watched from outside Uganda for the ruling from the Supreme Court there as to the constitutionality of their anti gay law and it is instructive for us here in Jamaica as to how the law ought to be fashioned especially given the recent threat by some anti gay religious groups that any administration that changes the buggery law will be voted out while they will do everything in their power to block any protection under the charter of rights from discrimination due to sexual orientation.


The tyranny of the majority I suppose now comes a letter in the Gleaner which I agree with given the previous post on the turn over of the law in Uganda, see HERE or Constitutional Court Strikes Down Uganda’s Anti Homosexuality Act

Now to the letter:

Don't Mix Religion With Politics

THE EDITOR, Sir:

And so it was, while many in Jamaica and elsewhere were busy celebrating Emancipation Day, the freedom and right to be who we are, many of our brothers and sisters in Uganda were busy celebrating a different type of emancipation.

The courts in Uganda struck down the anti-gay law imposed by the ruling government which made Uganda one of the most brutal and homophobic places. The anti-gay law, which was originally intended to impose the death penalty, was later revised to life imprisonment.

The law, though extreme compared to ours, where gays could be imprisoned just for being gay in Uganda, in essence isn't much different from Jamaica's. The emphasis in Jamaica is based on actual sexual activity (ignoring consent), and the punishment here is less severe.

The ruling in Uganda has set the tone once again to show that we're indeed living in a changing world, where education is the basis of emancipation, and that values and attitudes towards gays are evolving.

Fighting losing battle

I've said before homophobes are fighting a losing battle. People are entitled to their personal views, but what they are not entitled to do is to impose these views publicly where people's lives could be endangered, or their human rights could be violated. Although a small step for Uganda's LGBT community, it is a giant step in the right direction.

The Ugandan anti-gay law created much controversy and resulted in international outcry against the Ugandan government, tarnishing relations, especially with the West. And, although the ruling could possibly be appealed, a natural recourse in the law, it is likely that Uganda's Government, which is tightly controlled by President Yoweri Museveni, a former guerrilla fighter who has been ruling for close to three decades, must be having second thoughts.

Wake-up call

The ruling could also be a wake-up call for those in Jamaica who support the archaic buggery law which could imprison persons up to 10 years. It is interesting to note that Uganda's anti-gay movement began only a couple years ago when American fundamentalist preachers went to Uganda and worked closely with legislators there to draft a bill that called for putting gays to death!

Our own fundamentalist church leaders, who are often labelled 'the local Taliban Church', should also take note. Religion is personal. We worship privately in groups, and we have the right to choose our churches, our faith, where, when and how we worship.

When we start to mix the business of religion with the business of the State, history shows this never works. Slavery was once endorsed by religion, for example! This is why the State should always separate itself from the Church, especially when it comes to drafting legislation and protecting human rights!

PETE DELISSER
pdelisser1988@yahoo.com

ENDS

meanwhile Ndorwa West MP, David Bahati on Friday said that the Attorney General will petition the Supreme Court over the Constitutional Court ruling on the Act; just hours after court nullified it (Anti-Homosexuality law) which was approved by President Yoweri Museveni in February 2014.

“I want to thank the speaker, MPs who stood for what is right. The lawyer that represented government said she was not given chance to prove that there was quorum in parliament.

The court case ruling is no victory at all, the morals of the people of Uganda will prevail,” Mr Bahati said in a press briefing before adding, “The Attorney General who is very competent will petition the constitutional court over the constitutional court ruling. Our competent legal team will continue to petition the Supreme Court and I believe we will win.”

Bahati was the sponsor of the Private Member’s Bill. There has been no confirmation from the Attorney General’s office. The Constitutional Court is made up of five members of Uganda’s Court of Appeals and is subordinate to the nation’s Supreme Court.

Definitely this is not the end but it is a crushing blow to an unjust law how can one legislate morality or private sexual matters when consent is key?

TV news there have covered the issue fairly it seems:




UPDATE from Box Turtle Bulletin's page: Malevolence Personified where the US religious right link is made.

Peace and tolerance

H

Friday, August 1, 2014

Constitutional Court Strikes Down Uganda’s Anti Homosexuality Act


Constitutional Court Strikes Down Uganda’s Anti Homosexuality Act:

Wonderful news indeed (GLBTQ Jamaica) also see this update from Box Turtle Bulletin HERE

A Victory for the Human Rights of All Ugandans

(Kampala, Uganda) Health GAP reacted to today’s ruling in Uganda’s Constitutional Court striking down the Anti Homosexuality Act: “Today lesbian, gay bisexual and transgender Ugandans along with all human rights defenders in Uganda have scored a decisive victory against the
politics of scapegoating and the politics of hate,” said Asia Russell, Director of International Policy at Health GAP. “Parliament is not above the law and the Constitution guarantees fundamental rights for all Ugandans—no matter their sexual orientation or gender identity.”

Parliament passed the bill on December 20, 2013 and President Museveni signed the bill into law on February 24, 2014, despite earlier public pledges that he would not assent to the bill. It is widely believed that he reversed his position in an effort to strengthen his chances in 2016 for reelection as President.

The law, which is now nullified, increased the punishment for same sex acts between consenting adults to life in prison and criminalized ‘promotion’ of homosexuality and ‘aiding and abetting’ of homosexuality with 7 years’ imprisonment and hefty fines. These crimes
were defined so broadly as to criminalize provision of essential health and social services, such as HIV prevention and treatment.



Uganda’s Penal Code Act already includes colonial-era provisions criminalizing “carnal knowledge against the order of nature.” Today’s ruling does not affect that pre-existing law.

Today’s ruling was also hailed as a crucial development for increased access to life saving health services: Uganda is one of the only countries in East Africa reporting recent increases in HIV incidence.



Criminalised populations including gay men, sex workers, transgender women and drug users are at higher risk of HIV infection and disease progression as well as violence and abuse. For example, gay men in Kampala have an estimated HIV prevalence of 13%, more than three times the prevalence of other men.

Today’s ruling comes as a result of a case filed March 10, 2014 in Uganda’s Constitutional Court by ten petitioners, including Ugandan politicians, human rights activists, and legal experts. The petition argued that the law violates Ugandans’ constitutionally guaranteed human rights, including freedom from discrimination and freedom of expression. (The petition is available at ugandans4rights.org.)

“This decision is a bright spot in a dark record on human rights,” continued Russell. “It is the bravery and courage of gay and trans Ugandan activists that we have to thank for this decision. But we cannot rest—we must continue work to realize health and human rights for all, in Uganda and in other countries around the world that criminalize the sexual behaviour of consenting adults.”

According to activists, the signing of the law is part of a pattern of troubling actions indicating a deteriorating environment for human rights in Uganda, including the recent passage by Parliament of the HIV Prevention and Management Bill, which would criminalize people
living with HIV.

“Today in Uganda we are still far from that reality—for example the HIV Prevention and and Management Bill, which would criminalize people living with HIV and undermine the national AIDS response, is awaiting
signature by President Museveni. He should reject this flawed Bill without delay and recommend Parliament eliminate its provisions on HIV criminalization, mandatory HIV testing and mandatory HIV reporting.”

Contact for more information: Asia Russell, Health GAP +256 776 574729 (Uganda mobile) or +1 267 475 2645 asia@healthgap.org

Asia Russell Health GAP (Global Access Project)
tel: +256 776 574 729 (Uganda)
+256 703 574 729 (Uganda)
skype: asia_ilse
twitter: @asia_ilse

Meanwhile the LGBT EU Intergroup said:


In a landmark ruling, the Constitutional Court of Uganda nullified the country’s Anti-Homosexuality Act.


The Court argued that procedural rules were not followed when Parliament passed the bill in December, as not enough lawmakers had been present at the vote.

The now void Anti-Homosexuality Act foresaw life imprisonment for consensual same-sex activity. ‘Promotion of homosexuality’ carried a maximum of 7 years imprisonment.

Ulrike Lunacek and Daniele Viotti, Members of the European Parliament for Greens/EFA and S&D, reacted to the ruling: “Today’s ruling is a victory for Uganda and a triumph for human rights.”

“We congratulate those who have worked so hard in Uganda to fight this hateful law. Finally, this law, which had already shown vast negative consequences, ceases to exist.”

Dennis de Jong and Tanja Fajon, Members of the European Parliament for GUE/NGL and S&D, continued: “This is a wonderful day for LGBT people in Uganda and those who are defending their rights.”

“However, the struggle is not over: under the penal code, homosexuality remains a crime, as in almost 80 other countries around the globe. We call on all these countries to stop criminalising LGBT people and respect human rights of all of its citizens.”