« Trois graves tromperies » : Abdou Mbow démonte le projet de loi sur l'homosexualité et crie à la trahison
During the examination of the bill amending Article 319 of the Penal Code concerning homosexuality, held this Wednesday in plenary session at the National Assembly, opposition MP Abdou Mbow strongly criticized the text presented by the government, which he accused of being based on "three serious deceptions." The parliamentarian, who unequivocally attacked the executive branch, immediately denounced a broken promise of criminalization.
A promise of criminalization "broken"
According to him, the first deception concerns the commitment to explicitly criminalize homosexuality, a promise allegedly made by the current leaders before they came to power. "You told the Senegalese people that homosexuality would be criminalized. To fail to keep this promise is to betray yourselves," he declared. He also mentioned other broken promises, notably the one concerning the repeal of the amnesty law, asserting that the government ultimately "falled back on an interpretation rejected by the Constitutional Council."
The debate on the nature of the punishment: misdemeanor or felony?
The second criticism concerns the presentation of the maximum sentence of ten years' imprisonment stipulated in the bill. The MP believes it is misleading to present this sentence as equivalent to a criminal penalty. "Ten years constitutes the maximum sentence for a misdemeanor. In practice, it is rare for a judge to impose the maximum sentence for a misdemeanor," he argued.
According to him, the difference between misdemeanor and felony remains major, particularly because of the more solemn procedure of criminal courts and the generally higher severity of the sentences handed down by the latter.
The issue of "false accusations"
The third criticism concerns the provisions penalizing false accusations related to these offenses. The parliamentarian believes this measure could discourage citizens from reporting incidents, which, in his view, would amount to "protecting homosexuals" and making homosexuality "more permissive." "Under the pretext of punishing abusive denunciation, we end up frightening public opinion and making it more difficult to report the crime," he stated.
In the same vein, Abdou Mbow accused the government of pursuing an "LGBT agenda," asserting that promises made before it came to power would not be kept. He also recalled past statements by political figures on the issue of criminalization, arguing that the debate has now transcended the legal framework to become a major political and symbolic issue.
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