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Religion and Homosexuality Criminalization in Uganda: the Contribution of the American Anti- Homosexual Evangelicals Towards the 2014 Anti-Homosexuality Law

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Religion and Homosexuality Criminalization in Uganda: the Contribution of the American Anti- Homosexual Evangelicals Towards the 2014 Anti-Homosexuality Law View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ResearchSpace@UKZN RELIGION AND HOMOSEXUALITY CRIMINALIZATION IN UGANDA: THE CONTRIBUTION OF THE AMERICAN ANTI- HOMOSEXUAL EVANGELICALS TOWARDS THE 2014 ANTI-HOMOSEXUALITY LAW By GYAVIIRA KI SITU 214581860 Submitted in Partial Fulfilment of the Academic Requirements f or the Degree of DOCTOR OF PHILOSPHY in the SCHOOL OF RELIGION, PHILOSOPHY AND CLASSICS COLLEGE OF HUMANITIES UNIVERSITY OF KWAZULU - N A T A L (Pietermaritzburg Campus) SUPERVISOR P RO F. LILIAN C. S IWI LA PIETERMARITZBURG SEPTEMBER 2018 D E CL A R AT I O N As required by University regulations, I hereby state unambiguously that this work has not been presented at any other University or any other institution of higher learning other than the University of KwaZulu-Natal, (Pietermaritzburg Campus) and that unless specifically indicated to the contrary within the text it is my original work. ------------------------------------------------------- GYAVIIRA KISITU As candidate supervisor I hereby approve this thesis for submission ------------------------------------------------------- PROF. LILIAN C. SIWILA ii C E RT I FI C AT I O N I declare that I have abided by the College of Humanities, University of KwaZulu- Natal’s policy on language editing. I also declare that earlier forms of the thesis have been retained should they be required. ------------------------------------------------------- GYAVIIRA KISITU iii DEDICATIO N Most profoundly, I dedicate this work to my beloved family, friends and benefactors who have stood by me in my spiritual and academic journey. This journey wouldn’t have been a success without your ever-faithful presence, moral and material support. May our loving God protect and bless you with love, peace and mercy. iv A C K N O W L E DG E M E N T S I give thanks for God’s protection, love and wisdom. It is because of you my Lord, that I have been able to do this research. Benedictum Nomen Sanctum eius! I wish to recognize the support of the National Institute for the Humanities and Social Sciences (NIHSS) for the African Pathways Scholarship received during my PhD studies. The funds received, the ongoing academic seminars and mentorship provided, have made it possible for me to carry out this research. I acknowledge the support from the following institutions in Uganda: Makerere University Library Staff, Foundation for Human Rights Initiative, Ministry of Ethics and Integrity, and Uganda’s Parliament Library Staff. I admit with great pleasure the support and guidance that I have received from my supervisor Professor Lilian C Siwila. You have journeyed with me with great patience even when the academic stress was at its highest. This current study is a living testimony, a fruit of your endless support and guidance. Thank you. I wish to thank the academic staff in the Department of Theology, School of Religion Philosophy and Classics-UKZN, for the academic support that you all have given to me. Your advice has always challenged me to interrogate certain aspects of this study beyond the obvious. Undoubtedly, your intriguing interventions have positively enriched this study. My heartfelt gratitude goes to Dr. M. Ssebunya. Thank you for your unconditional support, advice and presence during this long and seemingly lonely academic journey. You have been a great inspiration. To my peers and friends Zaka Sentongo, Rogers Ndawula, Antony Gathambiri, Dona, Little Leo, Gladys Mwangi, and many others who have provided me with support, I am indebted to you all. I pray to God that blessings may be showered unto you and your families. v ABSTRACT AND KEY TERMS Although it was annulled within months of its promulgation, the 2014 Anti- homosexuality law in Uganda continues to generate critical questions on various aspects surrounding its promulgation. In this context, the study explored the contribution of the American Anti-homosexual evangelicals (AAEs) towards the legislation of the 2014 Anti-Homosexuality Law. The AAEs were a group of evangelical pastors from the United States who, having been invited to Uganda, campaigned against homosexuality in 2009. This was followed by enacting the 2014 Anti-Homosexuality Law (2014 AHL). A dominant claim argued and suggested that the AAEs were the prime instigators of 2014 AHL, a position that either dismissed or rendered secondary any possible contribution from the local context. The study was non-empirical and followed a qualitative research design. It employed qualitative content analysis, supported by both critical and interpretive approaches within a postcolonial theoretical framework. The study found that the AAEs did not seem to have essentially preached, taught or instructed something new which had a direct power to alter local perceptions on homosexuality, so as to independently influence the legislation of 2014 AHL. However, the study found that through their art of persuasion, established relationship with local persons of influence, power of disposition and the methodological approach on the subject of homosexuality, the AAEs’ influence was exposed. Through these means, the AAEs succeeded in rejuvenating the already present and evolving anti-homosexuality sentiments within the Ugandan society. However, the study found the AAEs’ influence not isolated. On the contrary, the Ugandan context as well as the AAEs, were found to have been active agents that facilitated the legislation of the 2014 AHL at different levels. Thus the study found that the extent to which the AAEs contributed to the making of the 2014 AHL, was limited to a locally supportive structure animated by a ‘Surveillance System on Homosexuality’ (SSH). The findings of the study critique first, a position that views the 2014 legislation on homosexuality as an overly contribution of the AAEs, with less recognition of contextual factors; Secondly, the reverse position that emphasizes the role of the local context over that of the AAEs in a dismissive approach. Therefore the thesis argues that beyond the scholarly discourse that strongly and almost exclusively focus on the role of the American anti-homosexual evangelicals, it is important to shift the analysis with the help of postcolonial theoretical insights to understand the vi construction of an almost perfect match between the dominant discourse within the Ugandan local society concerning homosexuality and the teachings of the American Anti-homosexual Evangelicals and its influence on the 2014 Anti-homosexual law. Hence the study proposes critical and intersectional approaches when interrogating contemporary influences of foreign religious actors and their contribution to controversies over policy making on homosexuality in Africa. Key words: Religion, American Anti-homosexual Evangelicals, Anti-homosexual law, 2014 Anti-homosexuality Law, Anti- homosexual activism and pro- homosexual activism. Framing, Homosexuality, legislation, Surveillance system on Homosexuality. Postcolonial theory, Colonialism. Uganda. vii DEFINITION OF KEY TERMS 2014 Anti-Homosexuality Law. This term is used in the study to refer to the criminalization of homosexuality under a law signed on the 24th February 2014 by Uganda’s Head of State Yoweri Museveni. However, the 2014 Anti- homosexuality law was later in the same year of its promulgation nullified by the constitutional court. “The judges ruled that on the question of lack of quorum when enacting the Anti-Homosexuality Act on 20 December 2013, the actions of the ninth Parliament of Uganda were inconsistent with and in contravention of the Constitution and Parliamentary Rules of Procedure” (Stella Nyanzi and Karamagi 2015:31). The main objective of the law was to “prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters”. (Anti-Homosexuality Act 2014: 3). American Anti-Homosexual Evangelicals. The term American Anti-homosexual evangelicals is used in limitation to the group of American evangelical pastors from the United States of America. The term is used restrictively in reference to the group of American evangelical pastors who came to Uganda for “a three-day seminar organized in March 2009 at the invitation of a Uganda based Family Life Network , a local religious based organization (Kaoma 2014a:20). This seminar operated under the theme: “Expose the Truth behind the Homosexual Agenda” (Kaoma 2014a). This group does not necessarily refer to itself as “American Anti- homosexual evangelicals”. However, the study used this term purposefully for identification and focus of the study. The terminology was used in reference to group’s geographical origin, which is United States of America, its attitude towards homosexuality as well as its religious identification. Anti- homosexual activism and pro-homosexual activism. Activism is used in the study referring to “a doctrine or practice that emphasizes direct vigorous action especially in support of or opposition to one side of a controversial issue” viii (Merriam-Webster 2017). The study uses the term anti-homosexual activism to refer to the practices that stresses direct opposition to homosexuality and homosexual practices. On the other hand, the study uses the term pro-homosexual activism to denote the practices that emphasize vigorous actions or positions in support of homosexuality and homosexual practices. Colonialism. The term is used in the study to refer to the period of imperial domination in which an imperial
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