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
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.