Sunday, 22 December 2013

ANT-HOMOSEXUALITY BILL: IS IT GOOD OR BAD?



Anti-homosexuality bill: what others say
By John Blanshe Musinguzi
Parliament passed the anti-homosexuality bill 2011, I met Asiimwe Dickens a second year Bachelors of Law student at Kampala International University main campus. I interviewed him about legality of the law in relation to human rights as well as other few questions. 
Parliament passed the anti-homosexuality bill 2011. It now awaits to be signed by the president but many people in Uganda and outside world especially Europe have denounced it as a law infringing on human rights. As a law student is it good or bad for Uganda?
Yes it is good law for Ugandans
Why?
There why it is good for country. One, respect for our culture and none of our culture supports it. Secondly, Uganda is a religious country and none of the religious doctrine supports it and lastly the law has been silent about it so we indeed needed the Anti-homosexuality bill.
Everybody against this law is raising the point of human right disrespect. Is it true that it violates human right?
Accordingly it does not violet human rights. According to article 44 of our constitution which prohibit derogation from particular human rights and freedom. Since freedom of conscience and expression is not a non derogable right, this means that the state can set up laws to govern that conscience.
Article 36 of our constitution provides for rights of minority. How comes that for this law, right of minority were suppressed?
Article 77 of the constitution set up the parliament to represent views of the people. So what they presented is from the people, by the people and for the people. So even the minority are represented by parliament.
So let us take an example of a person x and another y who have accepted to be homosexuals, what is wrong with others, why should you be concerned about them?
We are trying to uphold the provisions of the constitution. According to article 31(2a), marriage between persons of the same sex is prohibited. Therefore in a bid to protect the constitution which is the supreme law, the bill should be passed.
So we have the bill which will become law if assented by president. Is the punishment of life imprisonment fair for homosexuals?
Yes, because according to parliament the intention of the bill was to prevent, educate and deter the public from such an immoral.
We have other laws such death for murder but we continue to have murder cases. Won’t it fail to perform its purpose?
Considering our history which has been characterized by political and constitutional instability as stated in preamble of the constitution, this has been a major cause of murder cases in Uganda. As time goes on murder cases have reduced gradually, so the anti-homosexuality bill comes a time when Uganda is partly stable, so it will fulfil its intentions.
Western world is against this bill. As they are our major funders. If they threaten to withdraw funding. Won’t this make government to reconsider its desire to follow this law?
No, Uganda is now funding 80% of the budget from internal resources. Then it can hold on without funding from western countries. It can also get funds from Asia and the Middle East. This will be a bad precedent if we base on foreigners to defeat our laws.
John Blanshe Musinguzi is a Bachelors of Journalism and Communication Student at Makerere University 
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