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President Museveni clarifies Anti-Homosexuality Law, outlines legislative agenda
President Yoweri Museveni has clarified the controversial anti-homosexuality law he recently enacted and signed, emphasizing the need for assistance rather than criminalization.
The President said this while delivering the State of the Nation adder at Kololo ceremonial grounds on Wednesday afternoon.
He raised several questions regarding the nature of homosexuality and wondered whether it resulted from genetic, hormonal, or psychological factors.
After consultations with medical professionals from Uganda as well as other African countries during a conference with African Members of Parliament, President Museveni said that it became evident that homosexuality is primarily attributed to psychological disorientation rather than genetics or hormones.
Based on this conclusion, the President called for a more compassionate approach.
“This conclusion gives us a way forward. If somebody is a victim of psychological disorientation, do you criminalise him or her on account of that? Is it logical or fair to do so? The answer is: “No”. Instead, such a person needs assistance to, if possible, overcome his psychological disorientation,” said Mr Museveni.
He expressed satisfaction with the agreement reached by Members of Parliament (MPs), who incorporated this perspective into the law. He reassured the public that seeking medical care would not lead to the arrest of homosexuals, as the law specifically states that being a homosexual in itself is not a crime if kept private.
“Therefore, those who say that homosexuals will be arrested if they go for medical care etc., are wrong. The law now says that a homosexual will not be criminalised for merely being so if he/she keeps the being to herself. What, then, does the law fight? It fights this homosexual when he/she goes from merely being and starts recruiting other people who are not psychologically disoriented like him or her to be like him by misinforming or bribing etc,” he clarified.
He explains that it is when such actions occur that an individual can be considered a criminal under the law.
The consequences for engaging in such activities include imprisonment for up to 20 years. Furthermore, if a homosexual commits rape, especially involving vulnerable individuals such as children, they can face the possibility of a death sentence.
President Museveni emphasized the three key points of the law: being a homosexual is a personal matter, promoting homosexuality is deemed criminal, and engaging in rape is a capital offence. He also highlighted that in Uganda, sexual matters, including heterosexual relations, are considered confidential.
Consequently, as long as a homosexual keeps their sexual orientation to themselves or privately seeks assistance from medical professionals or religious leaders, they will not be in violation of the law.
Acknowledging the potential imperfections in the law, such as requiring employers or landlords to identify homosexuals, President Museveni assured the public that efforts would be made to address these issues while preserving the core principles of the legislation.
“I have told our MPs, that if there are still some illogicalities in the law, such as forcing employers to know who is a homosexual in the company or landlords to know which tenants are homosexuals, we shall work to amend them and keep the substance. Therefore, doctors and other health providers should assist those patients who come to them bearing the three substantive points in mind,” the president clarified.
He announced plans for a dedicated broadcast on this matter at the end of June, aiming to provide further clarity and guidance on the implementation of the law.
The law which was signed late last month has caused controversy, with some Ugandans worried that some donors may recall essential funding like for HIV.