President Yoweri Kaguta Museveni State House Nakasero P.O. Box 24597 Kampala Uganda cc: Amama Mbabazi Prime Minister of Uganda

Rebecca Alitwala Kadaga Speaker of the Parliament

9 January 2013

Dear Mr President,

RE: The Anti-Homosexuality Bill 2012

I write on behalf of The Equal Rights Trust (ERT) to express our serious concern at recent reports that the Anti-Homosexuality Bill 2012 remains under consideration by the parliament of Uganda and may be passed into law in coming months.

The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. ERT is deeply concerned that the Anti-Homosexuality Bill seeks to subject lesbian, gay, bisexual and transgender (LGBT) people and those who would defend their basic human rights to arbitrary, unreasonable and unjustifiable discrimination within Ugandan criminal law. We therefore urge you to call on parliamentarians in Uganda to reject this law.

I attach here our submission of December 2009, which expresses our view that the Anti- Homosexuality Bill seeks to (i) systematically deny LGBT people their right to enjoy equal protection of the law; (ii) criminalise the forming of private relationships between LGBT people; (iii) make it impossible for LGBT people to live their lives with dignity; and (iv) deny LGBT people their inherent right to equality under Article 21 of the Constitution of Uganda. In addition, the submission expresses our particular opposition to the imposition of the death penalty for the offences of “aggravated homosexuality” described under Clause 3, and argues that permitting the application of the death penalty in such a broad range of circumstances as those specified goes far beyond the permissible application of the death penalty under international law.

We note that there have been a number reports in recent weeks stating that the imposition of the death penalty has been removed from the Bill,1 and that other aspects of the Bill may be amended or removed.2 The removal of the death penalty would address a single – very significant – violation of international human rights law contained in the Bill. As our submission makes clear however, the Bill as a whole remains in direct contravention of international human rights law, and in particular of the rights to non-discrimination and equality. It remains our firm view that, due to the very nature and purpose of the Bill, it cannot be amended to ensure consistency with Uganda’s international legal obligations, and should instead be rejected in full.

Our letter presents substantive legal arguments which establish the conclusion that the Anti- Homosexuality Bill is contrary to:

The Constitution of Uganda: In particular, the adoption of the Anti-Homosexuality Bill would violate, inter alia, Article 21 (equality and freedom from discrimination) of the Constitution of Uganda; and

Uganda’s obligations under international human rights law: In particular, the adoption of the Anti-Homosexuality Bill would contravene Uganda’s obligations under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples' Rights.

On the basis of the legal analysis presented in the attached letter and in anticipation of the severe discrimination, stigmatisation and persecution that LGBT people and others will suffer if the Bill is adopted, we urge you, in the strongest possible terms, to:

1 BBC News, “Uganda Anti-Homosexuality Bill: MPs drop death penalty”, 23 November 2012, available at: http://www.bbc.co.uk/news/world-africa-20463887

2 Peter Tatchell Foundation, “Ugandan PM pulls back on anti-gay law?”, 17 December 2012, available at: http://www.petertatchellfoundation.org/uganda/ugandan-pm-pulls-back-anti-gay-law.

I. Call on parliamentarians to reject the Anti-Homosexuality Bill; and, should they fail to do so,

II. Refuse to assent to the Anti-Homosexuality Bill, as provided in Article 91(3)(c) of the Constitution of Uganda.

We further request that you ensure that our opinion is circulated to Members of Parliament, in order that it may inform their discussions on the Bill.

Yours sincerely

Dr Dimitrina Petrova, Executive Director The Equal Rights Trust