The Parliament of Uganda on 4th May 2021 passed the Sexual Offences Bill 2019, which bans sex work and same sex relation, therefore reintroducing the criminalisation of homosexuality in Uganda. The newly passed bill, subtly, reinforces some of the clauses that were passed in the now nullified Anti Homosexuality Act of 2014.
In the same Bill, a person who by whatever means transmits, transfers, sends, forwards, or directs material of any sexual nature to another person without the consent of the receiver commits an offence and is liable to imprisonment for seven years.
However, this same legislation that seeks to criminalize the exchange of sexual content, has eliminated most recommended provisions that catered to the question of consent mainly because of cultural connotations that could not clear cut what consent means in its entirety.
“Consent is given at the stage of takeoff, all of us fly. We are on a plane and we have taken off at cruise speed, and you say stop! What do you want the pilot to do? To crush the plane? Aren’t you causing trouble?” Hon Tayebwa is quoted as having shared on the issue of consent where he seemingly argues that it is unfair for one to retract their consent midway a sexual act. This unfortunately, is a sentiment that was shared by majority of male legislators in the Ugandan August House.
“Clause 36 of the Bill proposes to allow a person, who had consented to a sexual act to withdraw that consent at any time before or during the performance of the sexual act. Whereas the Committee is agreeable to have the principle of post penetration consent in the laws of Uganda, the Committee is concerned that the provision may pose practical and enforcement challenges. The Committee notes that in most cases, save for the offence of defilement, consent is a total defence to a charge. In most sexual offences, the act being punished is the act of engaging in a sexual act without the consent of the other person,” Hon Oboth Oboth also retaliated the same sentiments, further undoing so much of the work that civil society, feminists, the LGBTIQ community and sex workers have laid ground for to protect themselves and all Ugandan women from abuse.
While the Sexual Offences Bill of 2019 contains clauses that defend and protect Ugandans against sexual violence, harassment and exploitation, we must also not ignore or accept those clauses that abuse the human rights of others. This bill was introduced to the floor of Parliament by Hon Monica Amoding.
