by James Lutaaya

Created on: September 15, 2009   Last Updated: September 17, 2009

HOW SHOULD UGANDA DEAL WITH HOMOSEXUALITY?

When I hosted Pastor Mark Kigozi (the then KPC Youth pastor) and Jeroline Akubu (a human rights activist) at Monitor fm to discuss 'homosexuality in Uganda' on my show 'the Monitor Lawyer' on 5th January 2002, two clearly distinct opinions arose; Mark was adamant it was against God's laws and the laws of nature and the consequences of Sodom and Gomorrah were reemphasized. Jeroline in comparison asserted what two grown up consenting adults did in their privacy was their business as long as they did not harm any one. Eight years on, the issue of homosexuality is still as controversial as it was then.

The Penal Code of Uganda under Section 145 (a) and (c) establishes the offence of homosexuality forced or consensual and imposes a maximum penalty of life imprisonment. However, especially with consensual homosexuality, it is often carried out in privacy and proving its occurrence might require an invasion of one's privacy and depending on the methods used, he/she could be subjected to torture, cruel, inhuman or degrading treatment or punishment. The latter right is absolute; the former can be breached in public interest. In seeking a balance between implementing the law and not violating homosexuals' (lesbians included) human rights lays the controversy that is dividing Uganda.

How Uganda deals with this issue will land mark our moral, societal and political direction. We should not be influenced by politically correct nations and sentimentalism but follow our beliefs and customs as a nation. Since homosexuality was made illegal under Victorian-era legislation, several governments and Parliaments have upheld the law as the will of the majority of Ugandans. Justice Stella Arach's December 2008 judgement in the case of Yvonne Oyoo and Juliet Mukasa V. the Attorney General has been misinterpreted by homosexuals and increased the euphoria surrounding 'their fight for recognition'. It set out that their human rights to privacy and freedom from inhuman or degrading treatment or punishment must be respected. Seeing as these rights accrue to all human beings, I could not agree more.

However, human rights protection is two fold; you are entitled to them as long as your entitlement does not include violating other peoples' human rights. So while adult consenting homosexuals who carry on in the privacy of their own homes should be left alone; non consensual sexual relations between men and men or women and women should be criminalised.

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