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Museveni bows to local political pressure, makes u-turn on anti-gay Bill

Wednesday February 19 2014
museveni

President Museveni said he would assent to the Bill after medical experts convinced him homosexuality was social rather than genetic behaviour. FILE/TEA Graphic

Ugandan President Yoweri Museveni’s change of mind on Tuesday over the controversial anti-gay Bill, could be part of continuing efforts to consolidate his position in a ruling party that has been fractured by a bitter succession struggle, analysts say.

Museveni surprised both critics and friends when he told NRM legislators attending the party's retreat in Kyankwanzi that he would assent to the Bill after medical experts convinced him homosexuality was social rather than genetic behaviour.

But coming on the back of a tense retreat that nonetheless endorsed him as the party’s flagbearer in the 2016 polls, the president’s change of heart has generated debate among observers. 

READ: How NRM legislators plotted Museveni’s 2016 bid

The country’s legislators had promised a revolt should the president fail to assent to the Bill. In the circumstances, it was a difficult political question which could have an impact on Museveni’s political base domestically and his foreign policy internationally. 

“He knew that if he refused to sign the Bill, other politicians would capitalise on it and rally public support. He had to prevent those who would use the Bill against him. It is true that Ugandans do not cast their votes based on issues, but this social issue was going to have an impact on elections,” said Makerere University don Ndebeesa Mwambutsya.

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Museveni’s decision attracted an immediate rejoinder from Washington with President Barack Obama warning that the anti-gay law would complicate Uganda-US relations.

READ: Obama warns Museveni on anti-gays Bill

“The Anti-Homosexuality Bill in Uganda, once law, will be more than an affront and a danger to the gay community in Uganda.  It will be a step backward for all Ugandans and reflect poorly on Uganda’s commitment to protecting the human rights of its people. 

“As we have conveyed to President Museveni, enacting this legislation will complicate our valued relationship with Uganda,” read Obama’s message.

Shortly after parliament passed the Bill last December, Museveni wrote to the speaker of parliament Rebecca Kadaga, faulting her for letting the House pass the Bill without a quorum. This was seen as a polite rejection of the Bill, following its widespread condemnation by pro-gay activists and some western countries.

READ: Donors threaten aid cuts if Uganda passes harsh anti-gay Bill

The Constitution requires that the president assents to and returns the Bill to parliament with amendments for consideration, or writes to the speaker notifying her/him of his refusal to assent to the Bill within 30 days from the date of passing the Bill. That period, in this case, expired on February 5 and the Bill was due to return to the house.

Although it can be argued that Museveni’s move was a payback to MPs who had unanimously endorsed him as sole NRM party candidate for 2016 without going through primaries, acting to the contrary would have scuppered the very party cohesion he was seeking to build at the Kyankwanzi retreat.

Museveni said he was guided to sign the Bill by scientific reports which stated that homosexuals are normal people who learn the behaviour later in life.

Critics, however, say that the reasoning is escapist for the president who is facing internal division within his party and a growing dissatisfied public over failure in service delivery and unpopular policies.

READ: Museveni faces party revolt over anti-gay law

Sources said that Museveni had to urgently stem dissent from within his party after receiving reports that the Prime Minister Amama Mbabazi was getting support from pro-gay lobby groups.  Apparently, pro-gay lobbyists had bombarded Mbabazi with tweets on February 10 over the anti-gay Bill. 

“To all those who sent me messages, on homosexuality, I want to assure you that it will be fully debated and democratically resolved…,” reads Amama’s tweet in response.

According to Nicolas Opiyo, team leader for civil liberty organisation Chapter Four, the president’s move was aimed at clipping his premier’s political wings further.

“In my view that was construed within the NRM party that Amama was getting support from the pro-gay lobby groups. So the president sought to deliver the final nail on Mbabazi’s coffin,” said.

The Bill, which purports to protect religious and traditional family values of Ugandans against efforts by sexual rights activists to popularise sexual liberalism, prohibits the licensing of organisations that promote homosexuality.

It also prescribes life imprisonment as the maximum penalty for all categories of offenders. In addition, it bars the government form ratifying international conventions that promote such rights.

Pro-gay legislators, whose minority report was thrown out of parliament said they, are waiting to challenge the Bill at the Constitutional Court the moment Museveni signs it.

They cite lack of quorum at the time of passing the Bill which was not in parliament’s order paper in the first place. The Constitutional Court has in the past declared null and void an act of parliament on the basis of insufficient quorum.

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