Showing posts with label Keep Law Out of Gays’ Bedrooms. Show all posts
Showing posts with label Keep Law Out of Gays’ Bedrooms. Show all posts

Sunday, January 8, 2012

Gleaner's associate editor on no to theocracy

Byron Buckley wrote

Church Picking On Gays

ALAS, PRIME Minister Portia Simpson Miller has named her Cabinet, notwithstanding the fear and hysteria expressed by some clergymen during the recent election campaign, about the possible inclusion of homosexuals in her administration.

Jamaica Gleaner Company 
Byron Buckley

Indeed, the overwhelming political mandate, in terms of seat count and geographic spread, given to Mrs Simpson Miller and her party is perhaps a rebuff to those who sought to vilify her position that she would appoint persons to Cabinet positions based on merit rather than sexual orientation.

It is shameful and scandalous for a Christian to support the victimisation (beat the B-man) and discrimination (job denial) of homosexuals and any other groups of persons.

The Christian community in Jamaica is grappling with the dilemma of how to embrace homosexuals while not condoning their sexual orientation and lifestyle.

Why do Christians regard homosexuality as an exceptional or grievous sin?

It is in a Christian's 'DNA' to object to homosexual practices. After all, homosexuality runs counter to the natural principle of procreation established by God. Copulation by Adam and Eve (not Steve) ensures the continuation of the human race. In underscoring this point, God, through Scripture, has regarded homosexuality and bestiality as morally reprehensible.

unnatural, sinful and inimical

Throughout Old and New Testament Scripture, God has expressed displeasure at men and women engaging in unnatural sexual acts with persons of the same sex. The Bible has even come out against men behaving effeminately. Importantly, the Bible forbids other kinds of sexual immorality, including fornication, incest, divorce/adultery and prostitution. Indeed, St Paul told Christians at Corinth that persons who practised homosexuality, adultery and idolatry, among other sins, would not enter God's kingdom.

So, the Church is on message in its opposition to homosexuality. And this article is not a call for the Church to abandon its teaching and stance against homosexuality as unnatural, sinful and inimical to procreation and family life as designed by God.

However, this is a critique of the Church's extreme and selective attitude towards homosexuality and those who practise it - which is contrary to Christians' mission to share the good news with ALL.

New Testament writers refer to homosexuality as part of sexual immorality in general. So to be consistent, the Church should oppose, with equal energy, adultery, fornication, wife-swapping, incest, paedophilia and the high rate of broken marriages. The Church can't cherry-pick its favourite sin to oppose. Homosexuals see straight through this double standard and ask, 'Why discriminate and victimise us?'

What's the real reason Sodom and Gomorrah were destroyed? Although Christians often point to the destruction of these cities as caused by rampant homosexuality, there is reason to believe the practice was one of a suite of sinful behaviours that God found offensive. The Hebrew prophet Ezekiel explained the iniquity of Sodom and Gomorrah as pride, fullness of bread (material wealth), abundance of idleness (hedonism), lack of care for the poor and needy, haughtiness and abominable (homosexual) practices.

transformative mission

So, again, Christians have chosen to take their own meaning or emphasis from the destruction of Sodom and Gomorrah. A more apt message to take away is that as a society, we should ensure that material prosperity does not cause us to descend into an orgy of immorality and sensuality. We should also ensure that we take care of the disadvantaged, the poor and needy. This is why Christians should never be found in the position where they are supporting harm being done to anyone - especially with the Church's dismal record during the Crusades and the transatlantic slave trade.

The transformative mission of the Church requires it to display a higher standard of behaviour towards homosexuals. Christians should be leading the way generally in protecting the welfare of homosexuals. Christians can't join the rowdy chorus of 'kill or beat the B-man.' The challenge for the Church is to establish a caring and grace-filled environment that enables it to share the transformative gospel with homosexuals as well. Jesus Christ came to heal the broken-hearted and set the captives free - in short, to transform lives.

The Church cannot be selective about who it ministers to, nor can it place boundaries against groups - such as homosexuals - as if they are beyond God's love.

I believe while there are persons who have accepted their homosexual orientation, others have not. This is where the Church has a mission to offer counsel and healing. But a condemnatory stance by the Church will only drive away such persons who are likely to be befriended by the wrong crowd.

The homophobic (I deliberately choose this word) reaction by some church leaders and Christians is tactically foolish. In the grand culture war and cosmic struggle between good and evil, Christians must secure victory with the weapon of love, which will bring transformation to individual lives.

Maybe Christians have adopted a hard line against homosexuals because, in the case of Sodom and Gomorrah, God destroyed, rather than mercifully saving them.

But that's not the full story: Sodom and Gomorrah could have been saved if there were enough righteous people there! In the final analysis, no matter how repulsed Christians are by the haughtiness of some homosexuals, we should leave their fate to God.

In the meantime, we anticipate the PM carrying through her campaign promise to debate and review the law against buggery, allowing legislators to vote according to their conscience and upon their constituents' advice.

No doubt, the voice of the Church and faith-based community will be heard. After all, Jamaica is a pluralistic society as well as a robust democracy. And I prefer this to a theocracy.

Byron Buckley is an associate editor at The Gleaner. The views expressed in this article are not necessarily those of the newspaper. Email feedback to columns@gleanerjm.com and byron.buckley@gleanerjm.com.

Thursday, December 1, 2011

World AIDS Day 2011

'Getting to Zero', the world commemorates World AIDS Day. An event that was inaugurated 23 years ago today by the World Health Organisation, World AIDS Day focuses on raising money, increasing awareness, fighting prejudice, and improving education on the issue of the AIDS pandemic caused by the HIV infection.

Observed on December 1st each year, the World AIDS Campaign is the leading international organisation which plans and implements the observance of the day and provides governments, national AIDS programmes, faith organisations, community organisations, and individuals with an opportunity to raise awareness and focus attention on the AIDS pandemic worldwide.


The red ribbon used is the global symbol for solidarity with HIV-positive people and those living with AIDS.

This year's theme marks the commitment of the global community to focus on the achievement of the following three targets: zero new HIV infections, zero discrimination and zero AIDS-related deaths. World AIDS Day is important for reminding people that HIV has not gone away, and that there are many things still to be done. It also provides all of us with the opportunity — on an individual, community and political level — to take on the challenge of getting to zero.




According to UNAIDS estimates, there are now 34 million people living with HIV, including approximately 2.5 million children. During 2010, some 2.7 million people became newly infected with the virus, including an estimated 390,000 children.

Despite a significant decline in the estimated number of AIDS-related deaths over the last five years due to improved access to antiretroviral treatment and care in many regions of the world, the AIDS epidemic still claimed an estimated 1.8 million lives in 2010.

The vast majority of people with HIV and AIDS live in lower- and middle-income countries. But HIV today is a threat to men, women and children around the world. In low- and middle-income countries, less than half of those in need of antiretroviral therapy are receiving it, and too many do not have access to adequate care services.


The Caribbean, one of the regions of the world that is most affected by the HIV/AIDS pandemic, reduced the number of new HIV infections by a third from 2001 levels and by more than 25 per cent in Dominican Republic and Jamaica.

However, we are still ranked amongst the highest in the world with an estimated 240,000 people living with HIV and AIDS in the Caribbean at the end of 2009 and an estimated 17,000 newly affected and 12,000 new deaths.

In two countries in this region — The Bahamas and Haiti — more than two per cent of the adult population is living with HIV. These statistics are only rivalled by those of sub-Saharan Africa, making the Caribbean the second most affected region in the world.

Overall, the main route of HIV transmission in the Caribbean is through sexual intercourse. Much of this transmission is associated with commercial sex, but the virus is also spreading in the general population. Cultural and behavioural patterns (such as early initiation of sexual acts and taboos related to sex and sexuality), gender inequalities, lack of confidentiality, stigmatisation, and economic need are some of the factors influencing vulnerability to HIV and AIDS in the Caribbean. As a result, AIDS is now one of the leading causes of death in some of these countries, with Haiti being the worst affected. An estimated 7,500 lives are lost each year to AIDS in Haiti, and thousands of children have been orphaned by the epidemic.



This year, we are asking you to Be Aware. Being aware means finding out the facts about HIV and using this knowledge to protect yourself and others. Promote awareness amongst friends, family members and loved ones; take part in AIDS awareness initiatives and ensure that the message is passed on to all, so that we may be one step closer to reaching zero.

A recent survey in the men who have sex with men population by the Ministry of Health already however suggests we have cause for some serious concerns as preliminary estimates suggest the infection rate will pass the 2007 31% figure despite the presence of a national program that was expected to impact behaviour change overall but what seems to be very little targeted work on the ground by the advocacy structure that being Jamaica AIDS Support and its offspring Jamaica Forum for Lesbians Allsexuals and Gays with very little presence in the community in terms of front line and beat foot patrols then it is no wonder we may see these high figures and to think both organizations are headed by gay men, what does that say about interest and reasons for existence? Is it possible to get to zero or let alone just reduced rates with this kind of aloofness? I think not, we need to get real.




Meanwhile a full paged ad appeared in the Gleaner (partially scanned seen below) today from an organization I presume named The Isaachar Foundation of whom we know very little about so far except it is chaired by Dr Wayne West who is aligned to the Lawyers' Christian Fellowship and The Coalition for the Defence of Life, Isaachar with their motto "Confronting The Culture ... one mind at a time" of course here seems to be sizing up the high infection rates in the men who have sex with men populations as their fault, they also made reference to France having no sodomy laws since 1791 while having staggering rates of infection.




If one is to be honest and so righteous as these religious pundits claim to be then why not contextualize the points, there must be some cultural as well as other specific factors that contribute to such rises, not just a broad brush of msms simply because they want to impose a theocratic way of doing business and dictating how others should live. This surprise ad had no contact information provided or any logo or reference as to who they really are. Clearly as we have been seeing with the posturings of the leading voices of the religious right they now have new allies coming to their aid or are they consolidating? then what about freedom of choice? Nuff tings lie ahead people.


also see: 

More effective HIV/AIDS prevention message needed



Peace and tolerance



(pamphlet photos from the MOH National Program)

Monday, July 4, 2011

NY's Gay Marriage reactions & our scenario

Originally posted on sister blog GLBTQ Jamaica

First let me say CONGRATULATIONS New Yorkers and enjoy as you bask in the new rights you now have!!!!!!!!!!


So as New York finally got their act together and passed the Marriage Rights to same gender loving folks right in the nick of time for Pride celebrations the reactions have been coming in from all over. Congratulatory refernces have been extended from other jurisdictions from within the United States and abroad and there has been talk of the Prop 8 issues in California getting some boost to dealing with it as it will make its way to the Supreme Court.






Here is a PBS Newshour discussion on the issue


Locally let us recap the struggle and or invented discussion on the issue that was used during the Charter of Rights debate as a smoke screen to deny us any mention in the document and the draft that had some very small coverage was challenged by the Lawyers' Christian Fellowhip, LCF.






PNP 2006, No plans to Legalise Same Sex Unions (the same PNP that has a larger support base from the LGBT community)

Listen this important audio posts which include PM Bruce Golding's speech in Parliament on the issue of Gay Marriage in 2009
(ignore snapvine references as they are closed)

Pastors and sermons on local radio especially the main Christian station Love 101FM have been opposing the issue as expected and there is even a song played referring to opposition to crossdressing, the song is mostly played on a Saturday is supposedly recorded by an artist named Gideon in the new dancehall/gospel format which is getting heavy rotation since the station's revamping of their programs. The song's main chorus "Man fi dress and act like man" or "Man nuh fi dress in oman clothes" clearly this is a swipe at effeminacy and its linkages to male homosexuality and associated stereotypes. Other station DJs have been dropping edited songs, looping certain one-liners that have in them anti homosexual sentiments camouflaged in between clean songs.

Wilmot "Mutty" Perkins host of Perkins Online on Power 106FM has always been openly tolerant and has said he sees nothing wrong with homosexuals being allowed the right to marry as it's our private business. He has said before he has gay friends who he enjoys their company as they are no different than anyone else except for our sexual orientation.
There has been some level headed responses although not totally leaning on affording same sex marriage rights fully, outspoken Professor Carla Dunbar aka Professor Sex basically summed it up by saying she support and is tolerant of homosexuals but not marriage rights on a whole. Radio talk show hosts have been weighing in as well and as expected the vast majority oppose the idea plus dropping hints of paedophilia and predatory behaviour towards pubescents.

In a Gleaner letter from an anti gay author and to which I responded the writer took issue with marriage rights being extended and outrightly said same gender loving Jamaicans should leave.


There is a lot to learn from all this friends.

Peace and tolerance

H

XXXXTRAZZZZ



Smile Jamaica - TVJ

Jamaica Morning Show

Simone Clarke-Cooper

Simon Crosskill

Same sex marriage On TVJ (June 28th 2011)

Same sex marriage On Smile Jamaica (June 28th 2011)

Jamaica News (June 28th 2011)


Friday, March 18, 2011

Uganda & that awful Anti Gay Bill again


The controversial Anti Homosexuality bill is one of several bills that Members of Parliament on the Legal and Parliamentary Affairs committee of Uganda are set to debate when the House resumes business next week.

The bill, which has caused uproar from human rights activists and donors since it was tabled in Parliament in 2009, seeks to criminalize the act, with one of the controversial clauses calling for death penalty for those who are found guilty of aggravated homosexuality.

Speaking to the media at Parliament today, the committee chairman, Stephen Tashobya said though the bill has created both local and international concern, it is up to Parliament to pass the bill.

Tashobya says the committee will hold public hearings where stakeholders’ views will be heard and a report made to the House for debate and possible passing before Parliament closes the 8th Parliament.

Ndorwa West MP and mover of the bill, David Bahati welcomed the development and said he would continue to lobby Ugandans to support the bill, whose intention is to protect the Ugandan traditional family and children.

The Bill would:

Expand the definitions for homosexual acts, making conviction easier. Current law requires evidence of penetration. The new law would expand the definition of homosexual activity to”touch(ing) another person with the intention of committing the act of homosexuality.”

Touching itself is defined as “touching—(a) with any part of the body; (b) with anything else; (c) through anything; and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.”

Affirm Uganda’s lifetime imprisonment for those convicted of homosexuality.

Define a new crime of “aggravated homosexuality” for those who engage in sex with someone under the age of 18, who are HIV-positive, who is a “repeat offender” (so broadly defined as to include anyone who has had a relationship with more than one person, or who had sex with the same person more than once), or who had sex with a disabled person (consensual or not). The penalty for “aggravated homosexuality” is death by hanging.

Require anyone arrested on suspicion of homosexuality to undergo HIV testing to determine the individual’s qualification for prosecution of “aggravated homosexuality.”

Criminalize “attempted homosexuality” with imprisonment for seven years.

Criminalize “promoting” homosexuality with fines and imprisonment for between five and seven years. This overly-broad provision would criminalize all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda .
It would also criminalize any attempt to repeal or modify the law in the future, as those moves could also be seen as “promoting” homosexuality.

Criminalize “aiding and abetting homosexuality” with seven years imprisonment. This provision could be used against anyone extending counseling, medical care, or otherwise providing aide gay people.

Criminalize the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
Add a clause which forces friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment for up to three years.

Penalize people who run “brothels” with five to seven years imprisonment for renting to LGBT people. However, it defines a brothel as “a house, room, set of rooms or place of any kind for the purposes of homosexuality” instead of the more normal definition of a place where commercial sex work takes place. Anyone’s bedroom would be a “brothel” under this definition, placing landlords and hotel owners in jeopardy for renting to LGBT people.

Add an extra-territorial and extradition provisions, allowing Uganda to prosecute LGBT Ugandans living abroad.

Void all international treaties, agreements and human rights obligations which conflict with this bill.

ENDS


APRIL 20, 2009
THE ANTI - HOMOSEXUALITY BILL, 2009
MEMORANDUM

1. The Principle

The object of this Bill is to establish a comprehensive legislation to protect the traditional family by prohibiting (i) any form of sexual relations between people of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions as healthy, normal or an acceptable lifestyle, including in the public schools, through or with the support of any government entity in Uganda or any non- governmental organization inside or outside the country. Research indicates that the homosexuality has a variety of negative consequences including higher incidences of violence, sexually transmitted diseases, and use of drugs. The higher incidence of separation and break-up in homosexual relationships also creates a highly unstable environment for children raised by homosexuals through adoption or otherwise, and can have profound psychological consequences on those children. In addition, the promotion of homosexual behavior undermines our traditional family values.

Given Uganda’s historical, legal, cultural and religious values which maintain that the family, based on marriage between a man and a woman is the basic unit of society. This Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family. These threats include: redefining human rights to elevate homosexual and transgender behavior as legally protected categories of people.

This legislation is aimed at halting the advance of the “sexual rights” agenda, which seeks to establish additional legally protected classes based on sexual preferences and behaviors, as well as claims that people have rights based on these preferences and behaviors. Sexual rights activists have created new euphemisms to promote this agenda such as “sexual orientation,” “gender identity,” “sexual minorities” and “sexual rights.”

This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic and that people who experience this mental disorder can and have changed to a heterosexual orientation. It also recognizes that because homosexuals are not born that way, but develop this disorder based on experiences and environmental conditions, it is preventable, especially among young people who are most vulnerable to recruitment into the homosexual lifestyle.

The Republic of Uganda needs comprehensive and enhanced legislation to protect our cultural, legal, religious, and traditional family values against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on Uganda.

bill in it's current form:

THE ANTI HOMOSEXUALITY BILL, 2009.
ARRANGEMENT OF CLAUSES.
PART I — PRELIMINARY

Clause
I. Interpretation.

PART ll-PROHIBITION OF HOMOSEXUALITY.

2. The offence of homosexuality
3. Aggravated homosexuality.
4. Attempt to commit homosexuality.
5. Protection, assistance and payment of compensation to victims of homoseuxality
6. Confidentiality.

PART Ill — RELATED OFFENCES AND PENALTIES.

7. Aiding and abating homosexuality.
8. Conspiracy to engage in homosexuality.
9. Procuring homosexuality. by threats, etc.
10. Detention with intent to commit homosexuality.
11. Brothels.
12. Same sex marriage.
13. Promotion of homosexuality.
14. Failure to disclose the offence.

PART IV — JURISDICTION.

15. Jurisdiction.
16. Extra-territorial Jurisdiction.
17. Extradition.

PART V — MISCELLANEOUS PROVISIONS

18. International treaties.
19. Regulations.


A BILL FOR AN ACT
ENTITLED
THE ANTI HOMOSEXUALITY ACT, 2009.

An Act 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.

BE IT ENACTED by Parliament as follows:

PART I — PRELIMINARY.

I. Interpretation.

In this Act. unless the context otherwise requires –

“authority” means having power and control over other people because of your knowledge and official position; and shall include a person who exercises religious. political, economic or social authority;

“bisexual” means a person who is sexually attracted to both males and females;

“child” means a person below the age of 18 years:

“currency point” has the value assigned to it in the Schedule to this Act;

“disability” means a substantial limitation of daily life activities caused by physical. mental or sensory impairment and environment barriers resulting in limited participation;

“felony” means an offence which is declared by law to be a felony or if not declared to be a misdemeanor is punishable without proof of previous conviction, with death or with imprisonment for 3 years or more.;

“gay”" means a male person who engages in sexual intimacy with another person of the same sex;

“‘gender”" means male or female;

“HIV” means the Human Immunodeficiency Virus;

“homosexual”‘ means a person who engages or attempts to engage in same gender sexual activity;

“homosexuality”’ means same gender or same sex sexual acts;

“lesbian” means a female who engages in sexual intimacy with another female;

“Minister’” means the Minister responsible for ethics and integrity;

“misdemeanor” means an offence which is not a felony;

“serial offender” means a person who has previous convictions of the offence of homosexuality or related offences;

“sexual act” includes –

(a) physical sexual activity that docs not necessarily culminate in intercourse and may include the touching of another’s breast, vagina, penis or anus:

(b) stimulation or penetration of a vagina or mouth or anus or any part of the body of any person, however slight by a sexual organ;

(c) the unlawful use of any object or organ by a person on another person’s sexual organ or anus or mouth;

“sexual organ” means a vagina, penis or any artificial sexual contraption;

“touching” includes touching—

(a) with any part of the body;

(b) with anything else;

(c) through anything;

and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.

“victim” includes a person who is involved in homosexual activities against his or her will.

PART II — HOMOSEXUALITY AND RELATED PRACTICES.

2. The offence of homosexuality.
(1) A person commits the offence of homosexuality if-

(a) he penetrates the anus or mouth of another person of the same sex with his penis or any other sexual contraption;

(b) he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex;

(e) he or she touches another person with the intention of committing the act of homosexuality.

(2) A person who commits an offence under this section shall be liable on conviction to imprisonment for life.

3. Aggravated homosexuality.
(1) A person commits the offense of aggravated homosexuality where the

(a) person against whom the offence is committed is below the age of 18 years;

(b) offender is a person living with HIV;

(c) offender is a parent or guardian of the person against whom the offence is committed;

(d) offender is a person in authority over the person against whom the offence is committed;

(e) victim of the offence is a person with disability;

(f) offender is a serial offender, or

(g) offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to stupefy overpower him or her so as to there by enable any person to have unlawful carnal connection with any person of the same sex,

(2) A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer death.

(3) Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status.

4, Attempt to commit homosexuality.
(1) A person who attempts to commit the offence of homosexuality commits a felony and is liable on conviction to imprisonment seven years.

(2) A person who attempts to commit the offence of aggravated homosexuality commits an offence and is liable on conviction to imprisonment for life.

5. Protection, assistance and payment of compensation to victims of homosexuality.
(1 ) A victim of homosexuality shall not be penalized for any crime commuted as a direct result of his or her involvement in homosexuality.

(2) A victim of homosexuality shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the criminal proceedings.

(3) Where a person is convicted of homosexuality or aggravated homosexuality under sections 2 and 3 of this Act, the court may, in addition to any sentence imposed on the offender, order that the victim of the offence be paid compensation by the offender for any physical, sexual or psychological harm caused to the victim by the offence.

(4) The amount of compensation shall be determined by the court and the court shall take into account the extent of harm suffered by the victim of the offence. the degree of force used by the offender and medical and other expenses incurred by the victim as a result of the offence.

6. Confidentiality.
(1) At any stage of the Investigation or trial of an offence under this Act, law enforcement officers, prosecutors, judicial officers and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the victim.

(2) For the purpose of subsection (I), in cases involving children and other cases where the court considers it appropriate. proceedings of the court shall be conducted in camera, outside the presence of the media.

(3) Any editor or publisher, reporter or columnist in case of printed materials. announcer or producer in case of television and radio, producer or director of a film to case of the movie industry. or any person utilizing trimedia facilities or information technology who publishes or causes the publicity of the names and personal circumstances or any other information tending to establish the victim’s identity without authority of court commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points.

7. Aiding and abating homosexuality
A person who aids, abets, counsels or procures another to engage in acts of homosexuality commits an offence and is liable on conviction to imprisonment for seven years.

8. Conspiracy to engage in homosexuality.
A person who conspires with another to induce another person of the same sex by any means of false pretence or other fraudulent means to permit any person of the same sex to have unlawful carnal knowledge of him or her commits an offence and is liable on conviction to imprisonment for seven years.

9. Procuring homosexuality by threats, etc.
(1) A person who–

(a) by threats or intimidation procures or attempts to procure any woman or man to have any unlawful carnal knowledge with any person of the same sex, either in Uganda or elsewhere;

(b) by false pretences or false representations procures any woman or man to have any unlawful carnal connection with any person of the same sex, either in Uganda or elsewhere; or

(2) A person shall not be convicted of an offence under this section upon the evidence of one witness only, unless that witness is corroborated in some material particular by evidence implicating the accused.

10. Detention with intent to commit homosexuality.
A person who detains another person with the intention to commit acts of homosexuality with him or herself or with any other person commits an offence and is liable on conviction for seven years.

11. Brothels.
(1) A person who keeps a house, room,set of rooms or place of any kind for the purposes of homosexuality commits an offence and is liable on conviction to imprisonment for seven years.

2) A person being the owner or occupier of premises or having or acting or assisting in the management or control of the premises, induces or knowingly suffers any man or woman to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man or woman of the same sex whether such carnal knowledge is intended to be with any particular man or woman generally, commits a felony and is liable on conviction to imprisonment for five years.

12. Same sex marriage.
A person who purports to contract a marriage with another person of the same sex commits the offence of homosexuality and shall be liable on conviction to imprisonment for life.

13. Promotion of homosexuality.
(1) A person who –

(a) participates in production. procuring, marketing, broadcasting, disseminating, publishing pornographic materials for purposes of promoting homosexuality;

(b) funds or sponsors homosexuality or other related activities;

(c) offers premises and other related fixed or movable assets for purposes of homosexuality or promoting homosexuality;

(d) uses electronic devices which include internet, films, mobile phones for purposes of homosexuality or promoting homosexuality and;

(e) who acts as an accomplice or attempts to promote or in any way abets homosexuality and related practices;

commits an offence and is liable on conviction to a line of live thousand currency points or imprisonment of a minimum of five years and a maximum of seven years or both fine and imprisonment.

(2) Where the offender is a corporate body or a business or an association or a non-governmental organization, on conviction its certificate of registration shall be cancelled and the director or proprietor or promoter shall be liable on conviction to imprisonment for seven years.

14. Failure to disclose the offence.
A person in authority, who being aware of the commission of any offence under this Act, omits to report the offence to the relevant authorities within twenty-four hours of having first had that knowledge, commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding three years.

PART IV — JURISDICTION

15. Jurisdiction.
Save for aggravated homosexuality that shall be tried by the High Court, the magistrates court shall have jurisdiction to try the other offences under this Act.

16. Extra- Territorial Jurisdiction.
This Act shall apply to offenses committed outside Uganda where –

(a) a person who, while being a citizen of or permanently residing in Uganda, commits an act outside Uganda, which act would constitute an offence under this Act had it been committed in Uganda; or

(b) the offence was committed partly outside and or partly in Uganda.

17. Extradition.
A person charged with an offence under this Act shall be liable to extradition under the existing extradition laws.

PART V — MISCELLANEOUS.

18. Nullification of inconsistent international treaties, protocols, declarations and conventions.(1) Any International legal instrument whose provisions are contradictory to the spirit and provisions enshrined in this Act, are null and void to the extent of their inconsistency.

(2) Definitions of “sexual orientation”, “sexual rights”, “sexual minorities”, “gender identity” shall not be used in anyway to legitimize homosexuality, gender identity disorders and related practices in Uganda.

19. Regulations.
The Minister may, by statutory instrument. make regulations generally for better carrying out the provisions of this Act.

SCHEDULE

One currency point is equivalent to twenty thousand shillings.



Please also follow more in depth coverage on Gay Uganda's Blog and Boxturtle

Tuesday, November 2, 2010

On sexual orientation ........ "Schizophrenia is a disease. Homosexuality is not."

As we continue to watch happenings and utterances from our sister island, Trinidad following the invasion of anti gay advocates in the form of the His Way Out Ministries last week some really good letters and articles are coming forth in newspapers and blogs there on the subject of homosexuality and related psychological matters here is one as provided by the Trinidad Express by Julian Kenny, a biologist and natural history author. He is a former UWI Professor of Zoology and Independent senator. This part 3 of the series the previous entries are linked below.

By Julian Kenny Homosexual behaviour in the wild amongst higher vertebrate animals has been recorded in the literature for over 1,000 different species. Amongst birds a full range of homosexual behaviours has been recorded amongst as diverse groups of birds as gulls, ducks, swans, penguins and albatrosses. Note that these groups all display social grouping behaviour.

The behaviours range from simple courtship through pair bonding and even parenting, as has recently been reported in a pair of female
albatrosses that actually incubated and raised offspring in the absence of a male, the eggs having been abandoned by the previous heterosexual pair.

Homosexual behaviour in mammals is also well documented in as diverse groups as lions, elephants, dolphins, sheep, giraffes, monkeys and apes, such as the bonomo and the chimp. Indeed the bonomo, a sort of pygmy chimpanzee and a separate species, demonstrates heterosexual, bisexual and homosexual behaviours even within a single social group, with individuals alternating their behaviours as circumstances change.Again, as suggested above the phenomena of heterosexuality, bisexuality and homosexuality occur in both birds and mammals and clearly must be a natural phenomenon, from which it must be concluded that it must also be natural in man. To argue contrary to this conclusion is to argue that the human species is somehow separate genetically from its anthropoid relatives.

Given the different cultural, religious and legal attitudes toward homosexuality and bisexuality and to the variability of homosexual or bisexual relationships between individual pairs in human history, it is highly improbable that in the foreseeable future there will be universal acceptance of any but the conventional heterosexual relationship, especially given that the latter is the more common.On the other hand it is highly likely that science will be able to determine the relative frequency of the phenomenon, and, in time, the genetic basis for such behaviour might be unravelled, as it has for other expressions of the human gene pool. Some studies suggest frequencies ranging from two per cent to ten per cent of studied groups in liberal western societies.

What may obtain in Islamic countries remains questionable, as simple self-preservation will certainly eliminate any possibility of admissions on the part of individuals of their sexual orientation even to detached scientific query. But given studies in more liberal countries and human genetics it is probably more than likely that there will be a similar percentage in all socially repressive systems.Homosexuality and its emotional and physical manifestations have been known throughout human history; it is often condemned but also often accepted. The same may be said for bisexuality. But the strongest disapproval clearly comes from the monotheistic religions and the extreme sanctions prescribed in their "holy" books, sanctions that became entrenched in codes of law at times when religions held considerable political power.
In the evolution of the western democracies and the progressive codification of basic human rights the trend in the past century or so has been to decriminalise homosexual acts and to accept such persons as having the same civil rights as all other citizens. Today in many western democracies civil unions or even marriage between members of the same sex is widely accepted, although somewhat grudgingly by conservatives and fundamentalist Christians, and in some of the American states homosexual parentage either by adoption or by insemination is also accepted. Today also, open homosexuality is accepted as a norm in many countries. The upside of the change in attitude is a widely held perception that homosexual persons are often highly creative and productive in diverse fields.

We in Trinidad and Tobago, and indeed in the Anglophone Caribbean, continue to display a less-than-civilised attitude to the reality of the phenomenon of sexual orientation in humans. Sodomy continues to be on the statute books as a criminal offence. Given the obvious power of all religions in this small, fractured country with its accumulated baggage of 19th century English law and Victorian thinking it seems highly unlikely that change will come easily.
When, for example, we were debating the Equal Opportunities Bill in the Senate about a decade ago I seriously proposed amending the Bill to include discrimination on the basis of sexual orientation. It met with snickering and laughing from the government side, the sort of reaction one expects of a first form schoolboy hearing his first risqué joke.

Today in our law it is permissible to discriminate against a citizen on the basis of his or her sexual orientation, although not on their ethnicity, race or religion. But back to the issue of human homosexuality. Is it a voluntarily adopted lifestyle, or is it a biological phenomenon?

To answer the question, simply ask another question. Does the science and practice of psychiatry accept homosexuality as a medical condition or disease? While that profession recognises a range of medical conditions that may be diagnosed objectively and scientifically as diseases the American Psychiatric Association was persuaded by scientific studies that homosexuality could not be so defined and removed it from their diagnostic manual.

Schizophrenia is a disease. Homosexuality is not.


"It may disturb some and it may even shock many. Homosexuality, bisexuality and asexuality have in the past few years been recorded in a wide variety of animals in the wild, particularly birds and mammals. Is it a matter of the animals' choices, or, a perfectly natural phenomenon? Many seem to look at the rest of life from a human perspective, very often failing to see the diversity of sexual reproduction and the diversity of ways in which it is manifested.

Perhaps it might be helpful to examine sex and sexual reproduction from the biological perspective of reproduction of both plants and animals. While life forms may reproduce themselves asexually, most forms reproduce sexually. What do the terms mean? The word "asexual'' simply means "without sex'', so that it is important to understand clearly the meaning of the term "sex'' in biology."

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