UGANDA: PARLIAMENTARY COMMITTEE CHAIRMAN

C O N F I D E N T I A L SECTION 01 OF 02 KAMPALA 001344

SIPDIS

DEPT FOR S/GAC
DEPT FOR DRL

E.O. 12958: DECL: 11/24/2019
TAGS: PGOV PHUM KDEM PREL UG
SUBJECT: UGANDA: PARLIAMENTARY COMMITTEE CHAIRMAN
DISPARAGES ANTI-HOMOSEXUALITY BILL

REF: A. KAMPALA 01271

B. KAMPALA 01323

Classified By: Pol/Econ Chief Aaron Sampson for
reasons 1.4 (b) and (d).


1. (C) Summary: The Chairman of the Parliamentary Committee
reviewing Uganda's draft anti-homosexuality legislation told
PolOffs he is opposed to the bill and that his committee has
more important issues to consider. Chairman Stephen Tashobya
said the legislation would likely pass if it reaches the full
Parliament, that Minister of Ethics Nsaba Buturo is already
pressuring him to speed the bill through committee, but that
criminalizing homosexuality ranks low on his committee's list
of priorities. A decision by Tashobya and fellow committee
members to permanently park the bill may be the best solution
for human rights groups and President Museveni. End Summary.

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Anti-Homosexuality Bill Not a Priority
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2. (C) On November 24, the Chairman of the Legal and
Parliamentary Affairs Committee, Stephen Tashobya, told
PolOffs that the anti-homosexuality legislation sponsored by
David Bahati as a "private members' bill" (ref. A for
background) is not a priority for his committee. The
18-person Legal and Parliamentary Affairs Committee is
responsible for overseeing Uganda's Electoral Commission,
Justice Ministry, Judicial Services Committee, Department of
Public Prosecutions, and the Inspectorate General of
Government. Tashobya said his committee is overwhelmed by
draft legislation on commercial law and problems relating to
the controversial Electoral Commission (ref. B).


3. (C) Tashobya's committee is also bracing for the imminent
arrival of government-sponsored draft electoral reforms which
he must shepherd to the Parliamentary floor in time for them
to be debated, ratified, and signed into law by the end of
February 2010, i.e. one year before the 2011 presidential
election. Tashobya said he rebuffed a request by Minister of
Ethics (and outspoken homophobe),Nsaba Buturo, to speed the
anti-homosexuality bill through committee in two weeks.
Noting that he is a lawyer who attended a U.S.-sponsored
workshop on international property rights in early 2009 and
recently visited Capitol Hill, Tashobya said he is personally
opposed to the bill and does not share Minister Buturo's zeal
for criminalizing homosexuality. "In my own view," said
Tashobya, "we have a lot more important business to do."

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Parliamentary Maneuvers
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4. (C) Tashobya said the anti-homosexuality bill was
assigned to his committee only few days earlier after being
originally routed to the Presidential and Foreign Affairs
Committee. A member of the Presidential and Foreign Affairs
Committee subsequently confirmed that the bill was sent to
his committee "in error" as parliamentary staff mistakenly
assumed that criminalizing homosexuality was an ethics rather
than a legal matter. The Ministry of Ethics under Nsaba
Buturo reports to the Presidential and Foreign Affairs
Committee.


5. (C) Hearings apparently already initiated on the bill by
the Chairman of the Presidential and Foreign Affairs
Committee were terminated the moment the legislation was
transferred to Tashobya. Tashobya would not speculate on
when or if the anti-homosexuality bill might reach the
Parliamentary floor, but noted that his committee is still
considering bills submitted in 2006. He said he doubted that
the ruling National Resistance Movement (NRM),of which he is
a member, would take a position on the bill as it has broad
support and will likely pass even without NRM endorsement if
put to a vote before the entire Parliament.

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Comment: Doing the Right Thing by Doing Nothing
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6. (C) Tashobya admitted that he has not yet spoken with
human rights groups opposed to the legislation and is eager
to educate himself on the matter. We reiterated that the
anti-homosexuality bill constitutes a serious step backwards
for the protection of human rights in Uganda, and agreed with

KAMPALA 00001344 002 OF 002


him that Uganda has many more important and pressing issues
to consider. Tashobya is a thoughtful, open minded, and
potentially powerful ally depending on his ability to control
a committee composed of three representatives from the
Ugandan military, 11 NRM members, two independents, and two
opposition members. For the moment, he seems unfazed by
pressure from Minister Buturo and other proponents of the
legislation. This pressure will likely increase the longer
the legislation languishes in committee. Letting the
anti-homosexuality bill languish may be the chosen option for
those opposing the bill and for President Museveni. Leaving
the bill in committee will enable the President to sidestep
international condemnation that would accompany the bill's
passage, and enable him to avoid killing a bill with
apparently overwhelming domestic support.
LANIER