[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1064 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1064

 Expressing the sense of the House of Representatives that the ``Anti-
  Homosexuality Bill, 2009'' under consideration by the Parliament of 
Uganda, that would impose long-term imprisonment and the death penalty 
for certain acts, threatens the protection of fundamental human rights, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2010

 Mr. Berman (for himself, Ms. Ros-Lehtinen, Ms. Baldwin, Mr. Frank of 
Massachusetts, Ms. Lee of California, Mr. Payne, Mr. Hinchey, Mr. Polis 
 of Colorado, Mr. Scott of Georgia, Mrs. Maloney, Mr. Doyle, Mr. Moran 
  of Virginia, Mr. Stark, Ms. Schakowsky, Mr. Pallone, Mr. Towns, Mr. 
Sires, Mr. Wu, Mr. Sherman, Mr. Blumenauer, Mr. Ackerman, Mr. McGovern, 
Mr. Cohen, Mr. Waxman, Mr. Ellison, Mr. Israel, Mr. McMahon, Mr. Engel, 
Mr. Nadler of New York, Mr. George Miller of California, Ms. Edwards of 
   Maryland, Ms. Wasserman Schultz, Ms. McCollum, Ms. Jackson Lee of 
Texas, Mr. Honda, Mr. Delahunt, Ms. Linda T. Sanchez of California, Mr. 
    Jackson of Illinois, and Mr. Grijalva) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the ``Anti-
  Homosexuality Bill, 2009'' under consideration by the Parliament of 
Uganda, that would impose long-term imprisonment and the death penalty 
for certain acts, threatens the protection of fundamental human rights, 
                        and for other purposes.

Whereas, on September 25, 2009, legislation was introduced in the Ugandan 
        Parliament entitled the ``Anti-Homosexuality Bill, 2009'' to strengthen 
        and expand existing anti-homosexuality laws to prohibit any form of 
        sexual relations between persons of the same sex;
Whereas the legislation would severely punish ``homosexual behavior'' and 
        individuals who ``attempt'' homosexual acts, including by life in prison 
        or the death penalty;
Whereas the legislation creates offenses and penalties for Ugandan citizens and 
        other individuals who fail to report ``homosexual behavior'' within 24 
        hours of acquiring such knowledge, and imposes stiff fines and up to 
        three years imprisonment for community members who fail to report 
        suspected cases of homosexuality;
Whereas the legislation creates an offense of ``aggravated homosexuality'' that 
        would impose the death penalty for certain same-sex acts, including acts 
        in which the partner is HIV-positive;
Whereas the proposed legislation could severely curtail the ability of public 
        health institutions and nongovernmental organizations to address 
        effectively HIV/AIDS among vulnerable groups such as men who have sex 
        with men (MSM), by subjecting such institutions to the revocation of 
        their registration, certificates, and their directors to seven-year 
        prison terms;
Whereas the proposed legislation would nullify any international treaties, 
        conventions, protocols, agreements, and any other legal instruments 
        signed by Uganda whose provisions ``are contradictory to the spirit and 
        provisions enshrined in the Anti-Homosexuality Bill, 2009'', such as 
        those that protect the rights of individuals regardless of sexual 
        orientation;
Whereas the legislation provides for jurisdiction of Ugandan courts in cases of 
        homosexuality, including extra-territorial jurisdiction to cover Ugandan 
        citizens outside of the geographic boundaries of Uganda, an extreme 
        measure that currently only applies to severe criminal offenses in 
        Uganda's penal code, including treason and terrorism;
Whereas the President's Emergency Plan for AIDS Relief (PEPFAR) Five Year 
        Strategy released on December 1, 2009, asserts that ``PEPFAR's 
        prevention strategies must be responsive to the drivers of the epidemic 
        and address the needs of most-at risk populations'', and specifically 
        prioritizes MSM as an at-risk ``strategic population'' in need of 
        prevention, care, and treatment programs that are free from stigma and 
        discrimination directed towards clients;
Whereas under PEPFAR, Uganda received approximately $91 million in fiscal year 
        (FY) 2004, more than $148 million in FY2005, approximately $170 million 
        in FY2006, $237 million in FY2007, $284 million in FY2008, and $286 
        million in FY2009 to support a comprehensive HIV/AIDS prevention, care, 
        and treatment program;
Whereas United States assistance to Uganda to combat HIV/AIDS has resulted in 
        145,000 individuals receiving antiretroviral treatment as of September 
        2008, 393,200 HIV-positive individuals receiving care and support, 
        754,000 orphans and vulnerable children (OVC) served by an OVC program, 
        2,076,300 pregnant women receiving HIV counseling and testing services 
        for the prevention of mother-to-child HIV transmission (PMTCT), 104,000 
        HIV-positive pregnant women receiving antiretroviral prophylaxis for 
        PMTCT, 20,043,400 counseling and testing encounters in FY2008, and 
        6,256,800 individuals reached with community outreach HIV/AIDS 
        prevention programs that promote abstinence or being faithful and condom 
        use;
Whereas, according to the American Foundation for AIDS Research (amfAR), in low- 
        and middle-income countries, MSM are 19 times more likely to be infected 
        with HIV than the general population;
Whereas the United Nations Joint Programme on HIV/AIDS (UNAIDS) identifies 
        elevated risk of HIV infection among MSM as one of the 6 key, 
        overarching themes identified in the 2009 AIDS Epidemic Update, and 
        asserts that ``programmes to prevent new infections among these key 
        populations must constitute an important part of national AIDS 
        response'';
Whereas a 2009 joint report by the Uganda AIDS Commission and UNAIDS 
        specifically called for a review of legal impediments to the inclusion 
        of most-at-risk populations in the national AIDS response;
Whereas countries whose laws do not criminalize homosexuality are generally 
        regarded as better able to curb the transmission of the virus, and the 
        ability to more effectively address HIV was a pivotal factor in the 
        recent decision of the High Court of New Delhi to repeal section 337 of 
        the Indian penal code outlawing sodomy;
Whereas both Democratic and Republican United States lawmakers have called on 
        President Yoweri Museveni of Uganda to oppose the proposed ``Anti-
        Homosexuality Bill, 2009'' and, in a December 2009 letter, several 
        Congressional leaders stated that the legislation is antithetical to the 
        foundational belief in the ``inherent dignity and worth of all men and 
        women'';
Whereas Champions for an HIV-Free Generation, a group of former African 
        Presidents and other influential persons, has called for the withdrawal 
        of Uganda's ``Anti-Homosexuality Bill, 2009'';
Whereas a broad range of religious leaders, including Catholic, Protestant, 
        Jewish, and Evangelical leaders, have condemned publicly the proposed 
        legislation;
Whereas the Catholic Bishops of Uganda have described the bill as ``at odds with 
        the core values of the Christian faith'';
Whereas President Barack Obama has stated that he ``strongly opposes efforts, 
        such as the draft law pending in Uganda, that would criminalize 
        homosexuality and move against the tide of history'';
Whereas in December 2009, Secretary of State Hillary Clinton spoke out against 
        the bill stating that ``law should not become an instrument of 
        oppression'';
Whereas the United States has declared its commitment to working internationally 
        to end violence, detention, and execution based on sexual orientation; 
        and
Whereas the proposed legislation violates the spirit of Article 2 of the African 
        Charter of Human and People's Rights adopted in 1981 and entered into 
        force in 1986 that states, ``Every individual shall be entitled to the 
        enjoyment of rights and freedoms recognized and guaranteed in the 
        present Charter without distinction of any kind such as race, ethnic 
        group, color, sex, language, religion, political or any other opinion, 
        national and social origin, fortune, birth or other status'': Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) strongly believes that--
                    (A) all people possess an intrinsic human dignity, 
                regardless of sexual orientation, and share fundamental 
                human rights;
                    (B) the ``Anti-Homosexuality Bill, 2009'' 
                introduced in the Ugandan Parliament, which includes 
                the extreme penalties of death and life in prison, 
                poses a serious threat to the life, liberty, and 
                security of the person and, if enacted, would set a 
                troubling precedent for other countries; and
                    (C) the requirement that individuals report 
                suspected homosexual individuals to the Ugandan 
                Government could undermine Uganda's efforts to combat 
                HIV/AIDS, and interfere with care and counseling by 
                family members, doctors, pastors, teachers, and others; 
                and
            (2) calls upon the President and the Secretary of State 
        to--
                    (A) impress upon the Ugandan Government the United 
                States belief in the intrinsic human dignity of all 
                Ugandans, regardless of sexual orientation;
                    (B) express unequivocal United States opposition to 
                the ``Anti-Homosexuality Bill, 2009'' introduced in the 
                Ugandan Parliament; and
                    (C) ensure that resources committed to the global 
                HIV/AIDS response are utilized in a manner that is 
                efficient, effective, and appropriate to the local 
                epidemiology of the disease, including in Uganda.
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