Anti Homosexuality & Anti Pornographic Bills, 2013 in Uganda and the prevention,Vaccine Trials and HIV eradication
Anti Homosexuality & Anti Pornographic Bills, 2013 in Uganda and the prevention,Vaccine Trials and HIV eradication
Health Care Providers Risk Imprisonment in the event of Draconian Laws
In the event of signing the Bills into Law, such professionals risk imprisonment!
Source: Trained Antenatal Care Giver
Health Providers Face Imprisonment
To care for all indiscriminately will not be possible!
Source: Physicians will face prison sentences!
Legislation
Legislation
has been with us for quite a long time. King Nebuchadnezzar's time,
the Mosaic Law, Roman Law and modern day laws are the subsequent phases
that come to mind. Legislation is one way to regulate conduct, practices
and behaviour in the world. The other way has been relying on our
conscience, guilt and sensibilities.
Legislation as a mechanism with its punitive disincentives and deterrents provides definitions within which to live harmoniously or face consequences of infringing on laws.
However, this is not to mean we need to give up our sensibilities as a guide to harmonious co-existence.
Legislation as a mechanism with its punitive disincentives and deterrents provides definitions within which to live harmoniously or face consequences of infringing on laws.
However, this is not to mean we need to give up our sensibilities as a guide to harmonious co-existence.
Young Men Friendly Services
Confidentiality Issues may be Broken!
Source: These Young Men may not access health Care Services
Freedom of Worship
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Source: Worship Places
Legislation around Sexuality, Orientation, Gender, Identity and Health
Legislation
should not interfere with sequences of prevention and treatment of
diseases and life preserving practices. TB, SARs, Marburg, Ebola,
HIV, Measles, Polio and many viral infections are some of the diseases
that if legislation interfered with their diagnosis and management,
perhaps many people would not be alive.
Laws are put in place and following the notification about these diseases, governments mobilize resources to address them.
HIV has remained to be a disease we are still tackling 4 decades later. It has defied human understanding. Well, to put it correctly, HIV/Aids defied human interventions until we humans understood that HIV/Aids remains with us because of the very fault lines and weak links along relations, legislation, social-cultural rights and lifestyles.
In simple terms sexuality, orientation, gender, identity and health have been themes that we need to bring in perspective as we seek to eradicate HIV/Aids.
HIV/Aids is a very unforgiving enemy and a bitter one. We have to take the bitter realities too, in which HIV/Aids seems to fight us. HIV/Aids is throwing blows below the belt. Yet we as humans are reluctant to throw back punches.
We are still going on with the way we deal with issues in a bureaucratic, if slow, non committal manner.
Laws are put in place and following the notification about these diseases, governments mobilize resources to address them.
HIV has remained to be a disease we are still tackling 4 decades later. It has defied human understanding. Well, to put it correctly, HIV/Aids defied human interventions until we humans understood that HIV/Aids remains with us because of the very fault lines and weak links along relations, legislation, social-cultural rights and lifestyles.
In simple terms sexuality, orientation, gender, identity and health have been themes that we need to bring in perspective as we seek to eradicate HIV/Aids.
HIV/Aids is a very unforgiving enemy and a bitter one. We have to take the bitter realities too, in which HIV/Aids seems to fight us. HIV/Aids is throwing blows below the belt. Yet we as humans are reluctant to throw back punches.
We are still going on with the way we deal with issues in a bureaucratic, if slow, non committal manner.
Interesting Statistics
PEPFAR, USAID and other implementing partners have:
- Provided lifesaving AIDS treatment to more than 5.1 million people and HIV counseling and testing to more than 46.5 million people.
- Supported more than 11 million pregnant women with HIV testing and counseling and provided prevention of mother-to-child transmission (PMTCT) services to more than 750,000 HIV-positive women. As a result approximately 230,000 infants were born free of HIV.
- Reached nearly 15 million people with care and support, including more than 4.5 million orphans and vulnerable children.
- Supported approximately 2 million male circumcision procedures worldwide cumulatively.
- 34 million people are living with HIV.
- Between 2009-2011 the number of Children Living with HIV dropped by 25%.
- Computed that in 2012 an estimated 2.3 million people across the world became infected with HIV. That annual HIV incidence represents a 33% decline since 2001. New HIV infections among children fell to 260,000 in 2012, a 52% fall since 2001. This is according to International AIDS Society.
Health Providers, Community Care Workers and other Providers Risk Imprisonment!
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Source: Public Health Specialits
Legislation and Public Health walk hand in hand
Should sexuality orientation, gender, identity and health be penalized?
See results without votingIntegrating Interventions
No
one or single preventive approach against HIV/Aids works to protect our
society from HIV/Aids. Circumcision may be popular and may go hand in
hand with condom use. Sero positioning may be popular but it requires
the use of condoms and lubrication. Use of pre-Exposure prophylaxis
(PrEP) may be popular but it requires access to medication (e.g.,
Truvada) and adherence irrespective of drug effects.
Recruiting volunteers for Clinical trials requires a long term commitment and this in turn means that the volunteers are law abiding, engaged in work that brings them incomes and are motivated. This enables providers to detect, treat and prevent continuously as well follow up their volunteers over a long spun of years. Or the life time of the research or trial phase.
All the above are possible if legislation is conducive.
Recruiting volunteers for Clinical trials requires a long term commitment and this in turn means that the volunteers are law abiding, engaged in work that brings them incomes and are motivated. This enables providers to detect, treat and prevent continuously as well follow up their volunteers over a long spun of years. Or the life time of the research or trial phase.
All the above are possible if legislation is conducive.
The Bills in Question!
Uganda is about to pass two Bills at once and all of them have an impact to general happiness of all people.
The Anti Homosexuality Bill. 2013 and Anti Pornography Bill, 2013 have far reaching consequences beyond the mentioned culprits.
The Anti Homosexuality Bill. 2013 and Anti Pornography Bill, 2013 have far reaching consequences beyond the mentioned culprits.
The Set Backs!
There are potential impacts of the Anti-Homosexual Bill (2009/2013) and Anti Pornography Bill, 2013
1. Holistic life of activists
a. They have been an increased engagement by many categories in mobilizing and responding to calls against HIV. Many are working with the GLBTIQQ Community. They will be hounded when the Bill becomes law. Many will no doubt face imprisonment
b. Even before the two bills become law, there have been people evicted, ridiculed, failed in school, abandoned by parents, treated as black sheep in their own families and are disowned.
c. Generally speaking the GLBTIQQ Community in Uganda is comprised of a majority of non skilled young people. Many are not employable, many live hand to mouth, many are into sex-work to earn money. Those who are in school are leading a closeted life. Same goes for the working class (few are living in a same sex long term relation). But with Bills like these, there is panic. There will be a spate of "designer marriages." These are the ones in which a person keeps up heterosexual matrimony appearances.
d. "The proposed anti-homosexuality law, if enacted, will be a major blow to Uganda's obligations to provide everyone equal protection of the law under the constitution and international human rights treaties. The impact will be serious and broad-reaching whether or not there is any attempt to carry out its oppressive provisions. The bill perversely protects hate speech about homosexuality, while any comment about homosexuality that is not derogatory could be considered a crime under the article criminalising "promotion of homosexuality". Banning all debate will create a comfortable cushion for homophobes to obstruct any reflection on the issue. Should members of parliament want to revisit the bill's provisions in the future, the law itself could be used to obstruct public discussion and intimidate dissenting voices," Maria Burnett of Human Rights Watch.
2. Health Consequences
No doubt the first on the line is stress from panic, fear and living a lie.
The other "Health" consequences are: trauma from blunt blows or physical assault as a result of lynching; poor health seeking behaviour; poor adherence practices in case of prevention of infections; low self esteem; poor hygiene; and poor attendance at clinics.
3. Employability, Business Community, due diligence and Extra Territorial Jurisprudence
a. The path laid before a GLBTIQQ who has been outed and caught in the act is prison that is if law is allowed to take its course. But the option is mob lynching.
b. Because many GLBTIQQ persons express their sex urges towards same sex persons and mostly at the time they have to be in school, many 'who are caught' in the act are expelled or ridiculed. Many do not complete schooling and do not get qualifications.
c. There is a tendency of taking life easy among this community, many think sexual intercourse is a route to easy life and therefore many engage in sex-work for favours.
d. " Businesses and the non-profit sector could also be hamstrung. The provision on extra-territorial jurisdiction will force international businesses and investors to rethink their engagement since alleged violations of the law committed outside Uganda could be prosecuted in Uganda. This bill will fundamentally reverse social progress by undermining the work of civil society at the forefront of discussions on many important issues such as oil, good governance, corruption, health and rule of law. If civil society raises any effort to address LGBT-related topics inside or outside Uganda, the group could not only be deregistered but directors could be sent to jail," Maria Burnett, Human Rights Watch.
4. Hate Campaigns and Lynching
Many community leaders will have a field day in ferreting out those thought to be "homosexuals." This Bill coupled with the Anti-Pornography Bill, 2013 will act as the excuse to whistle blow or report on or engage in malicious damage.
5. Controlled Education and entertainment Industry
a. Mention of anything touching on the "homosexual" will be suspect.
b. Skimpy dressing will not be allowed at all. To define skimpy is indeed a tricky issue. It means Uganda will loose revenue from say, tourist! The Entertainment industry will have to be on its guard to. There will be much censorship of material.
d. Digital and text book materials will be censored even more seriously.
6. General Life
"If passed, Uganda's anti-homosexuality bill will impose long prison sentences and, in some cases, execution for sexual minorities. It will require fellow citizens and even parents to report "suspected gays or lesbians" or face prosecution and lengthy prison sentences themselves. This bill not only violates fundamental human rights for gay people, it will break trust within families and communities. The bill violates the rights of caregivers, pastors, and medical personnel by requiring them to report gays, undermining efforts to fight HIV/AIDS by driving gays underground and forcing healthcare providers to deny care for fear of arrest. And since many Ugandan gays are married men, this risks the lives of women and families as well. Millions of innocent persons will lose their jobs and businesses, and could face long prison sentences based on mere jealousy or politically-motivated attacks, as with the accusations of homosexuality leveled against Uganda's famous pastor Robert Kayanja by fellow pastors," Reverend Canon Dr Kapya Kaoma, Religion and Sexuality Researcher at Political Research Associates
If Bill becomes law, many "homosexuals" will spend life in prison.
1. Holistic life of activists
a. They have been an increased engagement by many categories in mobilizing and responding to calls against HIV. Many are working with the GLBTIQQ Community. They will be hounded when the Bill becomes law. Many will no doubt face imprisonment
b. Even before the two bills become law, there have been people evicted, ridiculed, failed in school, abandoned by parents, treated as black sheep in their own families and are disowned.
c. Generally speaking the GLBTIQQ Community in Uganda is comprised of a majority of non skilled young people. Many are not employable, many live hand to mouth, many are into sex-work to earn money. Those who are in school are leading a closeted life. Same goes for the working class (few are living in a same sex long term relation). But with Bills like these, there is panic. There will be a spate of "designer marriages." These are the ones in which a person keeps up heterosexual matrimony appearances.
d. "The proposed anti-homosexuality law, if enacted, will be a major blow to Uganda's obligations to provide everyone equal protection of the law under the constitution and international human rights treaties. The impact will be serious and broad-reaching whether or not there is any attempt to carry out its oppressive provisions. The bill perversely protects hate speech about homosexuality, while any comment about homosexuality that is not derogatory could be considered a crime under the article criminalising "promotion of homosexuality". Banning all debate will create a comfortable cushion for homophobes to obstruct any reflection on the issue. Should members of parliament want to revisit the bill's provisions in the future, the law itself could be used to obstruct public discussion and intimidate dissenting voices," Maria Burnett of Human Rights Watch.
2. Health Consequences
No doubt the first on the line is stress from panic, fear and living a lie.
The other "Health" consequences are: trauma from blunt blows or physical assault as a result of lynching; poor health seeking behaviour; poor adherence practices in case of prevention of infections; low self esteem; poor hygiene; and poor attendance at clinics.
3. Employability, Business Community, due diligence and Extra Territorial Jurisprudence
a. The path laid before a GLBTIQQ who has been outed and caught in the act is prison that is if law is allowed to take its course. But the option is mob lynching.
b. Because many GLBTIQQ persons express their sex urges towards same sex persons and mostly at the time they have to be in school, many 'who are caught' in the act are expelled or ridiculed. Many do not complete schooling and do not get qualifications.
c. There is a tendency of taking life easy among this community, many think sexual intercourse is a route to easy life and therefore many engage in sex-work for favours.
d. " Businesses and the non-profit sector could also be hamstrung. The provision on extra-territorial jurisdiction will force international businesses and investors to rethink their engagement since alleged violations of the law committed outside Uganda could be prosecuted in Uganda. This bill will fundamentally reverse social progress by undermining the work of civil society at the forefront of discussions on many important issues such as oil, good governance, corruption, health and rule of law. If civil society raises any effort to address LGBT-related topics inside or outside Uganda, the group could not only be deregistered but directors could be sent to jail," Maria Burnett, Human Rights Watch.
4. Hate Campaigns and Lynching
Many community leaders will have a field day in ferreting out those thought to be "homosexuals." This Bill coupled with the Anti-Pornography Bill, 2013 will act as the excuse to whistle blow or report on or engage in malicious damage.
5. Controlled Education and entertainment Industry
a. Mention of anything touching on the "homosexual" will be suspect.
b. Skimpy dressing will not be allowed at all. To define skimpy is indeed a tricky issue. It means Uganda will loose revenue from say, tourist! The Entertainment industry will have to be on its guard to. There will be much censorship of material.
d. Digital and text book materials will be censored even more seriously.
6. General Life
"If passed, Uganda's anti-homosexuality bill will impose long prison sentences and, in some cases, execution for sexual minorities. It will require fellow citizens and even parents to report "suspected gays or lesbians" or face prosecution and lengthy prison sentences themselves. This bill not only violates fundamental human rights for gay people, it will break trust within families and communities. The bill violates the rights of caregivers, pastors, and medical personnel by requiring them to report gays, undermining efforts to fight HIV/AIDS by driving gays underground and forcing healthcare providers to deny care for fear of arrest. And since many Ugandan gays are married men, this risks the lives of women and families as well. Millions of innocent persons will lose their jobs and businesses, and could face long prison sentences based on mere jealousy or politically-motivated attacks, as with the accusations of homosexuality leveled against Uganda's famous pastor Robert Kayanja by fellow pastors," Reverend Canon Dr Kapya Kaoma, Religion and Sexuality Researcher at Political Research Associates
If Bill becomes law, many "homosexuals" will spend life in prison.
The Anti Homosexuality Bill. 2013 and its consequences to Public Health and HIV/Aids Interventions in Uganda
There
is apparent fear and panic by many who are labeled homosexuals. The
fear of ill treatment, eviction and lynching by irate persons is on
every one's lips. Parents and all those who know someone who is not
hetero or straight will have to report such persons. As a clinician, a
parent and public health practitioner, I find this outrageous and
paranoid. Many children engage in same sex play, some are questioning
even as they transition from childhood to adolescence, some may enjoy
reading queer literature to find out more about sexuality, orientation,
gender, identity and health. The Bill has put a blanket cover and a stop
on all this. Such literature or educational materials are taboo now. No
longer will Education institutes engage in intellectual gymnastics
around sexuality, orientation, gender, identity and health.
Not only do such Bills that seek to regulate and denigrate others based on sexuality, orientation, gender, identity and health affect livelihoods but they affect education, practice of medicine, employment, pursuance of happiness, public health and life preserving trends.
In the event the President assents to the Bill, it would greatly undermine the fundamental Constitutional Rights, equality and non-discrimination of Ugandan citizens who identify as Lesbian, Gay, Bisexual, Transgender, Intersex, Questioning and Queer (LGBTIQQ). Not only will these be affected but there will be ripple effects in the entire society of Uganda. The Act would have consequences in the areas of: rights to privacy, assembly, association, travel, study, employment, attendance at clinics and speech of members of the LGBTIQQ community in Uganda. This is a key population group and as a demography it plays key social network roles
If assented to, the law would as well spiral into a major fault lines: freedoms of association of human rights organizations engaged in the promotion of these rights will be curtailed; education institutes will have to narrow down on core courses and intellectual debate on sexuality and the like may be suspect; bonding between parents and children as they undergo development milestones will be strenuous and the natural growth patterns will be discouraged. Uganda has show cased models in the fight against HIV/Aids. The prevention and vaccine phase of HIV/Aids requires the participation of all population groups. The Bill will not only compromise provider-patient confidentiality; No longer will it be possible to provide consequential counseling; it will also be hard to conduct evidence based patient centered services. The Bill will push LGBTIQQ persons further underground for fear of prosecution.
Not only do such Bills that seek to regulate and denigrate others based on sexuality, orientation, gender, identity and health affect livelihoods but they affect education, practice of medicine, employment, pursuance of happiness, public health and life preserving trends.
In the event the President assents to the Bill, it would greatly undermine the fundamental Constitutional Rights, equality and non-discrimination of Ugandan citizens who identify as Lesbian, Gay, Bisexual, Transgender, Intersex, Questioning and Queer (LGBTIQQ). Not only will these be affected but there will be ripple effects in the entire society of Uganda. The Act would have consequences in the areas of: rights to privacy, assembly, association, travel, study, employment, attendance at clinics and speech of members of the LGBTIQQ community in Uganda. This is a key population group and as a demography it plays key social network roles
If assented to, the law would as well spiral into a major fault lines: freedoms of association of human rights organizations engaged in the promotion of these rights will be curtailed; education institutes will have to narrow down on core courses and intellectual debate on sexuality and the like may be suspect; bonding between parents and children as they undergo development milestones will be strenuous and the natural growth patterns will be discouraged. Uganda has show cased models in the fight against HIV/Aids. The prevention and vaccine phase of HIV/Aids requires the participation of all population groups. The Bill will not only compromise provider-patient confidentiality; No longer will it be possible to provide consequential counseling; it will also be hard to conduct evidence based patient centered services. The Bill will push LGBTIQQ persons further underground for fear of prosecution.
The Anti Pornography Bill, 2013 and its consequences on Public Health and HIV/Aids Interventions in Uganda
Efforts
to create awareness around sexuality, orientation, gender, identity and
health in Uganda will meet with resistance. The anti-pornography bill,
also outlaws overtly sexual material including music videos.
Minister Simon Lokodo of Uganda is a highly placed person. Whatever he suggests is pretty much the law of the land. Imagine such a statement like this he made: 'women who wore "anything above the knee" should be arrested.' It forms basis of the promulgation spirit.
Dressing is visual. What the Honourable Minister suggests is lamentable. It means censorship will be put in the way of many services. Imagine the number of texts and digitized materials that will be held under the guise of inspection? I once treated a patient who was beaten by her husband and had her dress and skirts torn to such an extent of exposing her thighs and breasts. From the point of harm, abuse and to the point of accessing health services, she suffered so much. Now, in the event of such a law being passed, such a victim of abuse will face double jeopardy if they were going immediately to police after an act of being assaulted!
Minister Simon Lokodo of Uganda is a highly placed person. Whatever he suggests is pretty much the law of the land. Imagine such a statement like this he made: 'women who wore "anything above the knee" should be arrested.' It forms basis of the promulgation spirit.
Dressing is visual. What the Honourable Minister suggests is lamentable. It means censorship will be put in the way of many services. Imagine the number of texts and digitized materials that will be held under the guise of inspection? I once treated a patient who was beaten by her husband and had her dress and skirts torn to such an extent of exposing her thighs and breasts. From the point of harm, abuse and to the point of accessing health services, she suffered so much. Now, in the event of such a law being passed, such a victim of abuse will face double jeopardy if they were going immediately to police after an act of being assaulted!
Goals
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Source: Ending HIV in Africa Goal
Conclusion
Legislation
is for the good of society but it should be such that it does not
debase humans based on: creed, race, belief, orientation, sexuality,
gender, identity and health. There has been progress in the fight
against HIV. A critical number of skilled community workers have gained
experience in reaching out to those who are living with HIV. Once these
bills become law, all this will be shattered. Uganda risks re-inventing
the infrastructure on which it has based its anti HIV interventions and
response. Uganda's President should not go on to assent to these Bills.
Lynching and Arbitrary Arrests
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No due diligence!
Source: Arrests
I am wondering what the honorable parliamentarians of Uganda are obsessed with. There are much more important issues in the lives of Ugandans like how long should an 'elected' president stay in power before he gets messed up in corruption of all sorts. Civilized Ugandan men can be advised to turn their faces away when they see a woman walking on the street rather than back pedaling on the right of the woman as a human being to choose what she feels is comfortable for her to wear. This is nothing but male chauvinism. deja vu!!!
ReplyDeleteIndeed, men can look away. Also what if a woman or girl is attacked by malicious people who in the event tear her garments to expose the very criminalized parts? These laws incite impunity! Thanks Berhanu.
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