The anti-gay law: Uganda's shame
(c) Pete Muller
'the homosexuals have lost the argument in Uganda. They should
rehabilitate themselves and society should assist them to do so.'
President Museveni
At the start of this week Uganda's President heralded a new low for
lesbian, gay, bisexual, transgender and intersex (LGBTI) people in the
country by passing the Anti-Homosexuality Bill.
The repugnant discriminatory law that's hung around on the sidelines
of Uganda's parliament for the last five years has been tweaked -
death sentences 'softened' to life sentences for the most serious
'offences' of homosexuality - but it is now law.
Prior to this week, it was already illegal to be LGBTI in Uganda, but
this law extends sentences for gay marriage, 'promoting
homosexuality', 'aiding and abetting homosexuality' - and more.
LGBTI individuals deemed to be 'serial offenders' (ie. frequently
convicted of having sex with someone of the same sex or 'related
convictions') face a lifetime behind bars, as do those with HIV who
have consensual same-sex relations. If you host two people who engage
in same-sex relations in your house, you could be found to be running
a brothel and dealt a seven-year prison sentence.
The Anti-Homosexuality Act's many victims
My heart goes out to so many people in Uganda. To the LGBTI activists
I met at London's Gay Pride last summer, who danced and cheered at an
event that welcomed them. To the individuals all over Uganda who will
live their lives being told their feelings are abhorrent and abnormal,
who face criminal punishment if they even hint at revealing a sexual
orientation or gender identity that 'deviates' from heterosexuality,
who live in a society that will 'assist' in 'rehabilitating' them. To
the health workers, police officers, aid workers and so on who now
face ethical dilemmas around reporting or not reporting suspected
same-sex conduct of individuals seeking their help.
Despite approving a law that actively discriminates based on sexual
orientation and gender identity, Uganda's Health Minster claims that
LGBTI people won't face discrimination when accessing healthcare.
Right.
The financial implications of the law are already being felt, with the
withdrawal of international funds to Uganda. Last week, Obama warned
Museveni of the negative consequences of signing the Bill on US
relations with Uganda. Today, the World Bank halted a $90 billion loan
set to fund healthcare services in the country. Norway, Denmark and
the Netherlands have cut aid intended for services including Uganda's
legal system on the back of this new law. Others will follow. The
value of the Ugandan shilling has dropped in the last couple of days.
With fewer rights and resources pulled from legal and health services
within days of the law's existence, it's ordinary Ugandans who lose
out - regardless of their sexual orientation and gender identity.
There's no discrimination there.
Nature or nurture? African or Western?
In the last few weeks President Museveni appeared to conduct a bit of
a public sweepstake to help him unravel the cultural and scientific
evidence behind this 'being gay' thing. He settled on the decision
that same-sex relations are a social aberration, and while people may
be born gay, the state can cure them of it.
In response to Obama's warning, Museveni did, in a slight to 'Western
intervention in African matters', remind him the law's colonial
origins: 'homosexuality...should continue to be criminalised because the
British had already done it [in Uganda]'. He's not wrong. As with many
African states, same-sex relations were not illegal until European
colonisation.
However, by questioning whether one is born or created LGBTI, whether
homosexuality is a Western concept and social import, Museveni merely
created distractions from the real issue.
The debate he should have engaged with is whether he wanted to
guarantee his citizens human rights or not. It's that simple. Instead,
he chose to arbitrarily curtail basic rights for a chunk of the
population based on allegations about one aspect of an individual's
identity.
The witch-hunt begins
Last month Nigeria strengthened its anti-gay laws and immediately set
about rounding up and punishing those suspected of same-sex
relationships.
The day after Museveni passed Uganda's equivalent law, Ugandan tabloid
paper Red Pepper recklessly published a list of the 'top 200 gays' in
Uganda. Many of them were being outed for the first time.
A few years ago, the now-defunct Rolling Stone paper published its own
list of purported gay Ugandans. Months later, gay rights activist
David Kato was murdered in his home. This is no coincidence.
Kato did successfully bring charges against Rolling Stone, but by then
it was too late. This was before the Anti-Homosexuality Bill became
law; those named have fewer rights now. Red Pepper should also face
charges - the law cites the duty of editors and broadcasters to
protect confidentiality, but the maximum fine for outing someone in a
newspaper is only around £59.
One of the men outed in the Red Pepper spoke to the BBC about how he
can no longer speak to his family or return to Uganda after his name
appeared on the list. LGBTI activist Frank Mugisha appealed to the
police for protection:
Uganda Police Do some thing about the press on gay people in uganda,I
plead please you know our society it's like throwing them to wolves
-- Dr. Frank Mugisha (@frankmugisha) February 26, 2014
Meanwhile, in Zambia...
On the day that Red Pepper was endangering the lives of 200 Ugandans,
there was some good news as a leading gay rights activist was
acquitted of 'promoting homosexuality' after defending gay rights in a
TV debate.
Next week, the same court is due to deliver a verdict to Philip
Mubiana and James Mwape, both 22, and both accused of homosexual
relations. If found guilty, they could serve 14 years behind bars.
Since they were detained last May, Philip and James have been forced
to undergo anal examinations without their consent to 'prove' the
charges - scientifically pointless while invasive and cruel.
I hope that on Thursday, if the verdict is delivered it is a positive
one. The LGBTI community in sub-Saharan Africa desperately needs some
good news right now.
About Amnesty UK Blogs
Our blogs are written by Amnesty International staff, volunteers and
other interested individuals, to encourage debate around human rights
issues. They do not necessarily represent the views of Amnesty
International.
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