Ugandan Ethics Minister

Wearing of miniskirts could soon land one in jail or attract heavy fines if Uganda's Parliament approves a new piece of legislation that defines anything sexy to be illegal pornagraphy.

In its current form, it is proposed that those found guilty of abetting pornography face a fine of Shs10 million under the draft law or a jail stint not exceeding 10 years, or both.

But the draft law ran into early turbulence in the Legal and Parliamentary Affairs Committee after some members expressed concerns about its wide reaching implications for freedoms guaranteed in the Constitution. MPs in the committee also criticised the government's attempts to legislate for sex, a course of action which could see it labelling some age-old cultural practices as pornographic.

The Bill defines pornography as any cultural practice, form of behaviour or form of communication or speech or information or literature or publication in whole or publication in part or news story or entertainment or stage play or broadcast or music or dance or art or graphic or picture or photography or video recording or leisure activity or show or exhibition. Lawmakers said the Bill's definition of pornography was too broad and that it went against Uganda's tradition of being tolerant of cultural diversity.

Members, however, flatly rejected the minister's proposal to establish an Anti-Pornography Committee, observing that the police would enforce the law.

It also prohibits any combination of the preceding that depicts unclothed or under clothed parts of the human body such as breasts, thighs, buttocks and genitalia, a person engaged in explicit sexual activities or conduct; erotic behaviour intended to cause sexual excitement and any indecent act or behaviour tending to corrupt morals.

'Ethics' Minister Reverend Simon Lokodo, an extremist noted for a string of repressive law proposals, presented the proposed law backed by Deputy Attorney General Fred Ruhindi. He claimed the Bill was needed to protect women and children against exploitation and curb increasing immorality. Lokodo spewed:

The need to put in place a law that prohibits pornography is necessitated by the dangers it poses to moral fabric of the society

While the Bill seeks to outlaw indecent dressing among other social behaviours deemed pornographic under the legal parameters of the Bill, other lawmakers said the lack of definition for what constitutes "decent dressing" makes the Bill awkward and asked the government to stop curtailing freedoms in the country which could scare away tourists.

Update: Acquitted

12th April 2013. See  article from  monitor.co.ug

The Uganda Law Reform Commission (ULRC) has asked Parliament to throw out the newly-tabled Anti- Pornography Bill 2011, arguing that the government can fight pornography without enacting a new law. Patrick Nyakana, a ULRC commissioner told Parliament:

We conclude that the provisions of the Anti-Pornography Bill 2011 are already catered for in the Penal Code Act, the Computer Misuse Act, Prevention of Trafficking in Persons Act 2009 and other laws and thus, there is no need for this law.

A Ugandan MP has revived a controversial anti-gay bill but dropped the provision for the death penalty for certain homosexual acts.

A BBC correspondent says MPs laughed, clapped and cried out: Our bill, our bill, when its architect David Bahati reintroduced the draft legislation as a private members bill.

The bill increases the punishment to life in prison for homosexual offences. Anyone failing to report to the authorities a person they knew to be homosexual would also be liable to prosecution.

But those found guilty of aggravated homosexuality - defined as when one of the participants is a minor, HIV-positive, disabled or a serial offender - would no longer face the death penalty, as originally proposed.

The Anti-Homosexuality Bill was shelved in 2011 after an international outcry.

Homosexual acts are already illegal in Uganda.

Uganda's anti-gay bill has been deemed out of time for the current sittings of parliament and its proponents are unlikely to be able revive it for some time.

Uganda's reviled anti-gay bill, which mandates the death penalty in some cases, remains in limbo after parliament adjourned without a debate.

Edward Ssekandi Kiwanuk, the parliamentary speaker, ruled there was no time to take up the bill this session. He has adjourned the parliament and set no date for its return.

Helen Kawesa, spokeswoman for parliament, told Associated Press that the anti-gay bill could come back up for debate in the next parliament but would probably take time to get back to the floor. David Bahati, the MP who authored the bill, had said he would try to move it forward in the next session if it was not voted on this time.

Opponents of the legislation welcomed the setback. Alice Jay, campaign director of the online group Avaaz, said:

The news that the brutal anti-gay law won't be discussed in parliament today is a victory for all Ugandans and people across the world who value human rights. This vile bill is a matter of life and death for gay Ugandans, and would have seen the execution, imprisonment and persecution of friends of Avaaz, and thousands of others who have committed no crime at all. We must now ensure this heinous bill can never return to parliament again.

A proposed anti-pornography law could see journalists and ISPs jailed for terms ranging from five to 10 years and their businesses closed, 'Ethics' Minister James Nsaba Buturo said.

Buturo said pornography, which he described as a terrible vice, was growing in the country but the laws against it were too weak. He said the new law, which extensively expands the definition of pornographic material and the accompanying sanctions, will help rein in offenders. Those who deal in pornographic materials, your days are numbered, Buturo said.

We have finally acted and this time, this law will work because our integrity is not for sale, he told journalists. The Bill, he said also provides for fines. He emphasised that pornography is evil and makes the mind receptive to other vices such as homosexuality .

The current legal provisions on pornography prohibit obscene publications but Buturo says this law is incomprehensive. The issue of pornography transcends publications and includes communication, speech, entertainment, stage play, broadcast, music, dance, art, fashion, motion picture and audio recording.

Under the proposed Bill, pornography is defined as any form of communication from literature to fashion or photography that depicts unclothed or under-clothed parts of the human body (such as breasts, thighs, buttocks or genitalia), that narrates or depicts sexual intercourse or that describes or exhibits anything that can lead to erotic stimulation.

According to the proposed Bill, pornography includes fashion , implying that women could be arrested for wearing short skirts and skimpy dresses.

An increase in pornographic materials in the Ugandan mass media and nude dancing in entertainment world calls for long legal framework to regulate such vices, he said. Only teaching aides, spouses and sportsmen will get exemptions of punishment from the new law.

However, analysts say the flaws of the proposed law, lies in the broad definition of pornography.

The UN's top human rights official has called on Uganda to drop a proposed anti-homosexuality law that would impose the death penalty on some gay and lesbian people.

Navi Pillay, the UN's high commissioner for human rights, joined a growing chorus of opposition condemning the bill as discriminatory and called for homosexuality to be decriminalised in the country.

The bill proposes draconian punishments for people alleged to be lesbian, gay, bisexual or transgendered – namely life imprisonment, or in some cases, the death penalty, she said: To criminalise people on the basis of colour or gender is now unthinkable in most countries. The same should apply to an individual's sexual orientation.

Pillay called on the Ugandan government to put the draft bill on hold because it breaches international human rights standards.

The UN said Uganda's parliament may discuss the bill as early as next week. It has provoked criticism from western governments and gay rights groups and protests in London, New York and Washington.

A Ugandan preacher said he was planning a million-man march to support the legislation. Pastor Martin Ssempa, who has close ties to US evangelicals and to the family of the president, Yoweri Museveni, said the demonstration was being organised for 17 February. We want to show how many people support the bill, Ssempa told journalist

Breaking his silence on Uganda's controversial homophobic bill – which was put forward by a member of the ruling party – Uganda's president, Yoweri Museveni, said it had become a foreign policy issue and needed further consultation before being voted on in parliament.

The proposed law, which has been pushed by local evangelical preachers and vocally supported by senior government officials, also threatens life imprisonment for anyone convicted of gay sex.

While broadly supported domestically, the legislation has caused a storm of protest abroad and consternation from western donors who fund a large chunk of Uganda's budget.

Addressing a party conference, Museveni said numerous western leaders had spoken to him about the bill.

When I was at the Commonwealth conference, what was [the Canadian prime minister, Stephen Harper] talking about? The gays. UK prime minister Gordon Brown ... what was he talking about? The gays, said Museveni.

The US secretary of state, Hillary Clinton, had also called him to express strong concerns about the proposed law, he said. It's a foreign policy issue, and we must handle it in a way that does not compromise our principles but also takes into account our foreign policy interests.

Museveni said the proposed law did not necessarily reflect party or government policy and his cabinet would discuss the bill with David Bahati, the MP who introduced it, before it was put to a vote.

The Ugandan lawmaker who proposed a highly contentious bill that would, if enacted, broaden the criminalization of homosexuality in the east African nation said Friday that he will refuse any request to withdraw the legislation.

Member of Parliament David Bahati said he felt the Anti-Homosexuality Bill is necessary to protect Uganda's children from being recruited into homosexuality: I stand by the bill. I will not withdraw it . The process of legislating a law to protect our children against homosexuality and defending our family values must go on.

Bahati's statement was made one day after Minister of State for Investment Aston Kajara said the government would ask Bahati to scrap the bill because they fear backlash from foreign investors.

Ever since the bill was tabled, there have been a lot of outcries not only here but from all over the world, Kajara said. There has been negative publicity on Uganda which is not good for investment. As government, we shall talk to the private member who brought it to parliament and request him to withdraw it.

Uganda's president Yoweri Museveni has signalled his opposition to a death penalty clause in proposed anti-homosexual legislation.

Museveni has told colleagues he believes the bill is too harsh and has encouraged his ruling National Resistance Movement Party to overturn the death sentence provision, which would apply to sexually active gays living with HIV or in cases of same-sex rape, according to a copy of the draft law.

The bill, however, still says anyone convicted of a homosexual act – which includes touching someone of the same sex with the intent of committing a homosexual act – would face life imprisonment. It is unclear whether Museveni supports that provision.

Gay-rights activist Peter Tatchell said that even if the death penalty was removed from the bill, it would still contradict several major international conventions on human rights, which could cause donors to reduce their aid to Uganda: Even a softened bill will be extremely repressive and discriminatory. Even before this new law, homosexual relations were punishable by life imprisonment and there was widespread discrimination and mob violence. The status quo won't change.

A senior minister suggested scrapping the death penalty in favour of counselling. The death penalty is likely to be removed, said James Nsaba Buturo, Uganda's minister of state for ethics and integrity. The president doesn't believe in killing gays. I also don't believe in it. I think gays can be counselled and they stop the bad habit.

Ruling party spokeswoman Mary Karoro Okurut said she also agreed with the president that some punishments in the bill should be dropped. But she said she would still push for a modified version of the bill when it comes to parliament in late February or early March.

A Bill against homosexuality is in the offing, the Ugandan minister for ethics and homophobia, Dr. James Nsaba Buturo, has said.

Addressing a press conference at the Media Centre yesterday, Buturo said the country was besieged by homosexuality, pornography, prostitution, human sacrifice, drug abuse, embezzlement and witchcraft to the extent that it was dangerously becoming a permissive society.

He noted that once the Bill is passed into law, it will be an offence to publish and distribute literature on homosexuality or advocate for it. He also stated that it would become impossible for homosexuals to address press conferences and attract people to their cause, once the Bill becomes law.

He disclosed that some donors were threatening to withdraw funding if Uganda becomes more hostile to homosexuals: I all the time tell them to leave us alone. I say (to them) that Uganda's integrity is more than the money they give us. We are not going to be taken advantage of on account of financial support .

Buturo urged religious institutions to fight immorality, arguing that they are supremely mandated to address matters of the soul.

He disclosed that he was 'looking after' 60 former homosexuals, saying they are under threat from their former colleagues. He, however, did not name the place where they are being kept.