2. the national human rights institution mandate
UGANDA HUMAN RIGHTS COMMISSION
TACKLING THE ANTI-HOMOSEXUALITY BILL
One of the most controversial pieces of legislation to come before the Ugandan Parliament
in recent years is the Anti-Homosexuality Bill. The bill, introduced as a private member’s
bill on 14 October 2009, increases the penalty for homosexual acts to life imprisonment
in certain cases. It also criminalizes the promotion of homosexuality, including publishing
of most material and views on homosexuality as well as the failure to report known homo
sexual activities.
The bill immediately sparked off protests especially from the international community,
while it acquired support from many Ugandans including some religious leaders, based on
tradition, religion and moral values.
The Uganda Human Rights Commission, as part of its mandate to analyse and review
bills before Parliament to ensure compliance with human rights standards, subjected the
bill to a detailed analysis, drawing from human rights standards set out in the Ugandan
Constitution, treaties and the practice of relevant United Nations human rights bodies.
The conclusion, based entirely on legal arguments, was that the Anti-Homosexuality Bill
contradicted international human rights standards, including the right to privacy, e
quality
and non-discrimination, as well as the freedoms of speech, expression, association and
assembly. The 12th Annual Report 2009 of the Ugandan Human Rights Commission
presented the analysis.
Despite the advocacy efforts of the Uganda Human Rights Commission and other national
and international actors, the President of Uganda promulgated the bill in slightly amended
form in February 2014, representing a grave setback for the rights, personal security and
wellbeing of lesbian, gay, bisexual and transgender persons in Uganda.
3. Ideally, in addition to scrutinizing all
proposed bills, a NHRI should scrutinize
all new administrative regulations and
major policy documents. Whereas it
will normally be feasible for a NHRI to
consider all new bills and possible to
establish procedures securing that this
takes place, administrative regulations
and policies come into being in a much
less formalized manner than legislation,
making it more difficult to establish procedures ensuring continuous monitoring
of all new administrative regulations. In
addition, the sheer volume of administrative regulations can make it difficult
for a NHRI to have the capacity to go
through all new and proposed administrative regulations – of which many will
probably be irrelevant from a human
rights perspective in any case.
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