MOTION FOR A RESOLUTION on Uganda: anti homo sexual draft legislation
15.12.2009
pursuant to Rule 122 of the Rules of Procedure
Sophia in 't Veld, Frédérique Ries, Alexandra Thein, Renate Weber, Sarah Ludford, Gianni Vattimo, Marielle De Sarnez, Louis Michel on behalf of the ALDE Group
See also joint motion for a resolution RC-B7-0259/2009
B7‑0260/2009
European Parliament resolution on Uganda: anti homo sexual draft legislation
The European Parliament,
– having regard to international human rights obligations and instruments, including those contained in the UN conventions on human rights and in the European Convention on Human Rights and Fundamental Freedoms, guaranteeing human rights and fundamental freedoms and prohibiting discrimination,
– having regard to the Cotonou Agreement and human rights clauses contained therein,
– having regard to Articles 6 and 7 of the Treaty on European Union (TEU) and Article 13 of the EC Treaty, which commit the EU, as well as the Member States, to uphold human rights and fundamental freedoms and which provide means at European level to fight discrimination and human rights violations,
– having regard to the Charter of Fundamental Rights of the European Union, in particular Article 21 thereof, which prohibits discrimination based on sexual orientation,
– having regard to all EU activities to fight homophobia and discrimination based on sexual orientation,
– having regard to its previous resolutions on homophobia, protection of minorities and anti-discrimination policies and notably to those of 18 January 2006 on homophobia in Europe and of 15 June 2006 on the increase in racist and homophobic violence in Europe resolution of 26 April 2007 on homophobia in Europe,
– having regard to the ACP-EU JPA committee on political affairs meeting in Luanda on 28 November 2009,
– having regard to the ACP-EU resolution of 3 December 2009 on social and cultural integration and participation of young people,
– having regard to Rule 122(5) of its Rules of Procedure,
A. whereas on 25 September 2009 David Bahati MP tabled the "Anti-Homosexuality Bill 2009" before the Ugandan Parliament,
B. whereas the proposed law foresees the introduction of harsher penalties to criminalize homosexuality and punish those alleged to be lesbian, gay or bisexual (LGBT) with life imprisonment or the death penalty,
C. whereas the draft bill includes a provision that could lead to the imprisonment for up to three years of anyone, including heterosexual people, who fail to report within 24 hours the identities of everyone they know who is lesbian, gay, bisexual, or transgender, or who supports human rights for people who are,
D. whereas the bill provides for Uganda to nullify any of its international or regional commitments that it deems in contradiction to the provisions of the proposed bill,
E. whereas the bill has already been condemned by President Obama, the Chair and Vice-chair of the US House of Representatives' Committee on Foreign Affairs, Commissioner De Gucht as well as the British, French and Swedish Governments,
F. whereas the proposed law has been denounced by Non-Governmental Organisations around the world and in Uganda itself as a major obstacle in fighting HIV/AIDS,
G. whereas the bill has been called for and supported by some religious leaders and groups, which led to an internal debate on the issue,
H. whereas in Africa homosexuality is legal only in 13 countries, while it is punished in 38 countries, with Mauritania, Sudan, and northern Nigeria foreseeing also the death penalty, and the approval of such law in Uganda could have spill-over effects on other African countries, where persons are or could be persecuted because of their sexual orientation,
I. whereas Uganda will host the Assembly of States Parties to the Rome Statute, which includes all 27 EU Member States, for its first ever Review Conference, starting 31 May 2010,
1. Underlines that sexual orientation is a matter falling within the remit of the individual right to private life, guaranteed by international human rights law, according to which equality and non‑discrimination should be promoted, whilst freedom of expression should be guaranteed; in this context, condemns the "anti-homosexuality bill 2009";
2. Consequently calls on the Ugandan authorities not to approve the bill and to review their laws so as to decriminalize homosexuality;
3. Calls on political and religious leaders and groups to express their opposition to the persecution of persons on the basis of their sexual orientation;
4. Reminds the Ugandan Government of its obligations under international law and under the Cotonou Agreement, which calls for universal human rights to be respected;
5. Recalls statements by the African Commission and the UN Human Rights Committee that a state cannot, through its domestic law, negate its international human rights obligations;
6. Is extremely concerned that international donors, both governmental and non-governmental, would have to reconsider or cease their activities in certain fields should the bill pass;
7. Strongly rejects any moves to introduce the use of the death penalty;
8. Calls on the Council, the Commission and the Member States to raise the issue with Ugandan authorities and, should the criminalization of homosexuality stay and breaches of international human rights law take place, reconsider their diplomatic relations and engagement with Uganda, including proposing another location for the Rome Statute Review Conference;
9. Calls on the Commission, the Council and the Member States to analyse the situation in third countries in relation to executions, criminalization or discriminations based on sexual orientation and to take concerted international action to promote the respect of human rights in those countries through appropriate means;
10. Instructs its President to forward this resolution to the Commission, the Council, the President of the Republic of Uganda and the speaker of the Ugandan Parliament.