The Bahati bill is an enigma to the human rights defenders and the church

Vincent Nuwagaba
Posted on Monday December 21, 2009

I read Andrew Mwenda’s response to Bahati’s article in regard to what has been called the Bahati Bill currently in Parliament that seeks harsh penalties on homosexual relationships and I was left in a catch 22 situation. Although I am a human rights defender, I personally (and I am speaking in my individual capacity not for any organisation) think it is immoral to promote homosexuality as a human right. My position is debatable and I am yet to get somebody to convince me that homosexuality is a right worth promoting. I know fornication is also immoral from the Christian and Islamic perspective although it is not criminalised as long as two consenting adults do it privately.
Accordingly, the difference between homosexuality and fornication is that homosexuality is a crime here in Uganda while fornication is purely a moral issue and since Uganda is or claims to be a liberal country; Ugandans are at liberty to fornicate or not to. We have no liberty, however, to commit homosexuality. The argument that some people are born homosexuals, I cannot believe or disbelieve but all I know for sure is that where I grew up in Bushenyi, I have never seen anybody claiming to be born that way. Maybe, since premarital sex is also not rampant in the rural areas as young men and women restrain themselves, those born that way could also be restraining themselves.

That said though, I will strongly condemn and criticise whoever violates the rights of the homosexuals to privacy, to employment, to association as in belonging to a party or trade union etc. Of course when they associate and assemble as homosexuals to practice homosexuality the existing law should take its course. Therefore, my call to human rights defenders including Comrade Mwenda is that we should not promote homosexuality but defend their rights such as the right to privacy, freedom from torture inhuman and degrading treatment and punishment – which is by the way an absolute right enshrined in Uganda’s constitution, etc. In any case even the criminals have rights. The Bible says all have sinned and fallen short of God’s glory. But we remain human beings entitled to human dignity. This applies to both the homo and heterosexuals.

I radically disagree with anybody (including Pastor Martin Sempa whom I hold in high esteem) who feels the Bahati bill is necessary at this moment and I call upon the Catholic Church to which I belong to distance itself from the debate. The Bahati bill is neither a priority nor necessary. It is not a priority because we have teething problems that need urgent attention such as promotion of education, health, employment rights and grading our roads that have become death traps. Thus, I would agree with Professor Sylivia Tamale that the Bahati bill is aimed at diverting our attention from making demands that touch on our survival. It is unnecessary because sexual practices against the order of nature are already criminalised in the existing laws – i.e. in the Penal Code Act, cap 120, the laws of Uganda. Therefore, it is my considered view that this bill is aimed at two issues: 1) Diverting attention from the urgent problems such as excruciating poverty, hunger, potholes, corruption and unaffordable fees in universities.
2) Seeking sympathy from many Ugandans who because of their strong moral stance informed by their loyalty to their religions - Christianity and Islam, thereby endearing the NRM to gullible Ugandans. This is because the NRM has exhausted virtually all other Machiavellian gimmicks and has failed to keep many promises and promote positive rights. I am sure this one, government would handle since government wouldn’t spend money to enforce it. I agree with Mwenda that homosexuality is not one of our biggest threats but that our problems include wars and corruption which I think we should mercilessly condemn but I disagree with him when he asserts that the problem of Uganda is high population. The problem is not a high population for we are not an overpopulated populated country but we have an increasing population. An increasing population increases with the increase in the tax base which I am sure if the taxes generated would be put to better use would be a blessing to the country. China for instance is the most populated country now but the fastest growing economy at the same time.
All we need is human resource development through quality education, meritocracy in appointment of the bureaucrats and critical thought. We must extricate ourselves from the straightjacket in which we have been caged by the capitalist west. The ugliness of capitalism is now rearing its head through homosexuality. That is why I agree with my brother comrade Deo Rugyendo that we need to borrow “the undemocratic practices of the Catholic Church”. In the Catholic Church, members are not allowed to do as and when they wish. Freedom is not free – we are governed by the norms of our society. Indeed human rights are not absolute and some rights can be suspended for public order and public morality. This is visibly bold in the international human rights instruments. Therefore, since homosexuality has not been recognised as a right in Uganda, we shouldn’t be forced to recognise it as such.

Finally, I will strongly resent whoever imposes homosexuality in Uganda but I will viciously oppose whoever makes a law to torture, dehumanise and degrade anybody, anywhere, in any part of the world. As a member of the Catholic Church and the Foundation for Human Rights Initiative (FHRI), I find this bill particularly perturbing given that it proposes the death penalty which we have consistently, insistently, constantly and tenaciously opposed over the years. The Bahati bill is an enigma to the Christians and human rights defenders. We need to meet and design strategies on how to go about the matter.
For God and My country!

Vincent Nuwagaba is a human rights defender and can be reached via email at vmpvessynuwagaba@gmail.com