According to the Attorney General, Hon. Kiryowa Kiwanuka, provisions of the Anti-Homosexuality Bill, 2023, can be accommodated by amending existing legislation like the Criminal Code Act.
He mentioned many provisions in the Bill that, according to him, are already covered by other laws and that, if implemented, would amount to duplication.
The Attorney General referenced Section 145 of the Criminal Code, which punishes unnatural offenses, as addressing Clause 2 of the Bill’s provision for the crime of homosexuality.
According to Penal Code Article 145(a) and (c), “Any person who has carnal knowledge of any person against the order of nature” and “Any person who permits a male person to have carnal knowledge of him or her against the order of nature…commits a crime and is liable to imprisonment for life” are both crimes that carry life sentences in prison.
According to the Attorney General, as proposed in the Bill, this clause already makes homosexuality illegal.
“A subsequent revision to the Criminal Code Act may be required if clause 2 of the Bill is upheld. This will help make the meaning of the phrase “against the order of nature” more clear, according to Kiryowa Kiwanuka.
He highlighted the Bill’s Article 3(1)(b), which states that aggravated homosexuality is a crime when committed by an HIV-positive individual.
Sections 41 and 43 of the HIV and AIDS Prevention and Control Act, according to the Attorney General, address this.
He also mentioned section 13 of the proposed law, which imposes a 10-year prison sentence on anyone found guilty of arranging a marriage between people of the same sex or performing such a ceremony.
This would duplicate the Marriage Act, according to the Attorney General.
The definition of a marriage in the Marriage Act excludes same-sex unions. In any event, same-sex weddings are against the law according to Article 31(2)(a) of the Constitution. Avoiding duplication is crucial, as was previously said, Kiryowa Kiwanuka continued.
James Owere, the deputy director of public prosecutions, agreed that it is necessary to change the law’s current provisions.
“The Criminal Code Act is intended to be the primary penal code, and if we enact legislation on it piecemeal, we will have an impact on it. According to our recommendation, existing laws should be updated to reflect the times, Owere added.
The Bill should include measures for young gay offenders, according to the Ministry of Women, Employment, and Social Development’s recommendation.
The insertion of a subclause under clause 2 of the bill, stating that “…any child who commits an offense under this section is entitled, on conviction, to a prison sentence (rehabilitation) of three years,” was suggested by the State Minister for Disabilities, Hon. Hellen Asamo.
She noted that the Children’s Act as revised only allows for this much rehabilitation for capital offenses.
The minister also suggested including a clause in the bill that would place juvenile and adult homosexual offenders in segregation.
Asamo stated, “We suggest a clause that the minister in charge of prison services shall offer special facilities to segregate homosexuality offenders to prevent them from continuing with the practice and safeguard other prisoners from being victims of homosexual behaviors.
The Pornography Control Committee was presented as one of the authorities in place to stop the promotion of homosexuality by the State Minister for Ethics and Integrity, Hon. Rose Lily Akello.
“People are recruited and seduced into practicing homosexuality using pornography. The committee should be recognized as the organization in charge of rehabilitating homosexuality victims since it is well-positioned to combat the vice, according to Akello.
