اسئلة قانونية بخصوص المثلية في مصر

بعد أن صار المثليون ومتحولو النوع الاجتماعي والجنس في مصر هدفاً لاعتداءات الشرطة كصورة من صور الحماية الزائفة للأخلاق، فقد قمنا بجمع اسئلة من المجتمع المثلي والاجابة عنها بواسطة متخصصون قانونيون بهدف حماية المجتمع المثلي من هذه الاعتداءات قبل وفي حال وقوعها. برجاء مشاركة هذا المنشور مع جميع الصفحات المتعلقة بالمثلية الجنسية والمتحولين/ات جنسياً حتى يتاح لأكبر عدد من الاشخاص الاستفادة بها

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Egypt: Tweet and blog against homophobic brutality, September 24 and 25

Prisoners in the courtroom cage during the Queen Boat trial wear masks to protect themselves from sensation-seeking photographers: Cairo, 2001

Prisoners in the courtroom cage during the Queen Boat trial wear masks to protect themselves from sensation-seeking photographers: Cairo, 2001

URGENT! This Wednesday and Thursday, September 24 and 25, Egyptian activists want a worldwide storm of tweeting and blogging to protest the recent, massive wave of brutal repression of LGBT people.

Here’s the call to action in English, followed by Arabic. (You can learn more and join the event on Facebook — and while you’re at it, check out the Solidarity with Egypt LGBT page as well.) The Arabic version below includes sample Arabic tweets (in red) but please write your own in English! Paste the hashtag
#ضد_حبس_المثليين
in Arabic, or use it in English —  #stopjailinggays. Please share widely and join in!

TWO DAYS OF TWEETING AND BLOGGING: #STOPJAILINGGAYS

Because the Egyptian government has recently focused its efforts on monitoring people’s private lives, whether in the bedroom or on their facebook accounts …
Because the police have paused in chasing “terrorists” and are going after people for their sexual orientation and gender identity …
Because since October 2013, police have arrested more than 80 people for the “crime” of being gay or transgender …
Because some of these people receive humiliating treatment including physical violence and rape threats in detention …
Because the Forensic Medical Authority conducts anal examinations on these people, considered sexual assault and a violation of human rights and medical ethics …
Because they are sentenced for up to 10 years on charges of debauchery — a vague word …
Because the media has been waging a sensational campaign against LGBT people in Egypt, violating people’s privacy by publishing names and photos …
Because of all of this, on September 24 and 25 we will be tweeting and blogging using the hashtag
#ضد_حبس_المثليين
which means “Against the Jailing of Gays.”
Join us. Invite your friends. Raise your voices.

يومين للزقزقة والتدوين #ضد_حبس_المثليين

بمناسبة إن الدولة متفرغة في الفترة الأخيرة لمراقبة الناس في أوض نومهم وعلى صفحاتهم الخاصة، وبدل ما الشرطة تقبض على الإرهابيين مخصصة وقتها كله لملاحقة المثليين من أول أكتوبر السنة اللي فاتت الدولة قبضت على أكتر من 80 واحد بتهمة المثلية، بعضهم بيتعرض لمعاملة مهينة جوة السجن من ضرب وذل وشتيمة، وتهديد بالاغتصاب، غير إن الطب الشرعي بيطبق عليهم كشوفات غير آدمية وبيكشف على فتحات الشرج بتاعتهم عشان يثبت هما مثليين ولا ﻷ، بعضهم أخد أحكام بالسجن بتهمة الفجور، اللي هي تهمة مطاطة ومش واضحة، ولإن الإعلام قاعد يخلق أساطير حوالين المثلية الجنسية زي إنها مرض نفسي والقنوات والجرايد بينتهكوا خصوصية الناس وينشروا أساميهم وتفاصيل حياتهم

فاحنا يوم 24 و25 سبتمبر هنزقزق وندون باستخدام هاشتاج #ضد_حبس_المثليين

المثلية الجنسية مش جريمة والدولة المفروض عندها حاجات أهم تعملها من مراقبة مين بينام مع مين،

شاركونا بالتدوين والكتابة خلال اليومين دول ودي نماذج من التويتات اللي ممكن تستخدموها:

المثلية هي ميول عاطفية أو جنسية ناحية انسان من نفس الجنس. #ضد_حبس_المثليين

المثلية مش جريمة. إزاي حبس المثليين في السجون هيحل المشكلة؟ #ضد_حبس_المثليين

المثلية مش اختيار. محدش بيختار يكون جزء من فئة مهمشة ومرفوضة من المجتمع. #ضد_حبس_المثليين

أكبر مؤسسات الطب النفسي بطلت تعتبر المثلية الجنسية مرض نفسي من السبعينات. مفيش علاج نفسي معترف بيه عالميا للمثلية الجنسية. #ضد_حبس_المثليين

المثليين جنسيا بيتعرضوا لعنف مستمر، سواء من الدولة اللي بتجرمهم، أو من الأهل أو في الشارع. المثلية مش مقبولة بس العنف مقبول؟ #ضد_حبس_المثليين

المثلية مش تقليعة ولا موضة ولا بدعة من الغرب. المثليين موجودين في كل العصور وكل الحضارات. #ضد_حبس_المثليين

جسمي أنا حر فيه. عاوز تتحكم في جسمي ليه؟ تقبل حد يقولك تعمل ايه وماتعملش ايه في جسمك؟ #ضد_حبس_المثليين

من حق كل شخص بالغ انه يختار يدخل في علاقة ولا لأ ويختار مين الشخص المناسب ليه من غير تدخل من أي جهة. #ضد_حبس_المثليين

المثلية مش مرض نفسي ولا بتسبب أمراض نفسية ولا جسدية. #ضد_حبس_المثليين

شهد العام الأخير تصاعد في عدد المثليين والمتحولين جنسيا الذي تم القبض عليهم فيما يزيد على 80 شخص. #ضد_حبس_المثليين

المثلية غير مجرمة بالنص في القانون المصري ولكن يستخدم مصطلحات فضفاضة مثل الفجور لملاحقة المثليين جنسيا #ضد_حبس_المثليين

عقوبة الفجور المستخدمة للقبض على المثليين تصل ل 3 سنوات ويضاف أحيانا اتهامات أخرى ليصل الحكم ل 10 سنوات #ضد_حبس_المثليين

الشرطة لم تستهدف فقط المثليين جنسيا ولكن استهدفت أيضا المتحولين والمتحولات جنسيا #ضد_حبس_المثليين

النيابة بتحول المتهمين للطب الشرعي والذي يقوم بعمل فحص شرجي ضد إرادتهم بمخالفة حقوق الإنسان ويعتبر انتهاك لكرامتهم وخصوصيتهم

التغطية الإعلامية لعبت دور كبير في التحريض على المثليين والمتحولين جنسيا واستخدمت ألفاظ سلبية مثل الجنس الثالث أو الشواذ #ضد_حبس_المثليين

الإعلام انتهك خصوصية وسرية المتهمين عن طريق ذكر أسماء المتهمين أو نشر صور وفيديوهات لهم مخالفة للمهنية ولأخلاقيات الإعلام #ضد_حبس_المثليين

Egypt’s “gay wedding” furor: A ship of fools

Hand in hand: Detail from the famous video

Hand in hand: Detail from the famous video

In Egypt any man can harass, brutalize, and rape a woman. It happens all the time. The State will ignore it for as long as possible; the media will say she asked for it. Just try a harmless expression of mutual, consensual desire, though. They’ll hound you to within an inch of your life.

Let’s start with the video. It came out of nowhere, but by Saturday morning it was everywhere. That day — it was August 30 — I spent with some young, impeccably liberal Egyptians. They kept staring with stunned fixation at their smartphones, repeatedly hitting “play,” watching it go viral, wondering what was going to happen to the men.  The YouTube comments could have told you what was coming: “They’re outside of prisons; they should worship God within them,” one outraged viewer wrote. That night I met with some of the men in the clip. One of them kept breaking uncontrollably into tears. They were trying to report the invasion of privacy, get YouTube to take it down. No use: By next day, it was on the website of Youm7 — the tabloid that’s been carrying on a homophobic campaign for months — and on TV. You think you are just a private person, contained in the fences of your skin; then suddenly you find you’ve escaped yourself, become a common spectacle and possession, a fetish cupped in the palms of everybody’s hands. No doubt this is why politicians and movie stars are so vacuous, stripped of self; but imagine sitting in ordinary obscurity and abruptly discovering you’re now an infinitely duplicable, circulating flash of light. “Mirrors and copulation are both abominable,” Borges wrote — it was one of the aphorisms of his invented world of Tlon — “because they multiply mankind.” But that was before the Internet.

Yesterday, some of those accused of being in the video went on trial. They face years in prison. The whole fiasco reminds many Egyptians of another moral panic that crushed innumerable lives: the Queen Boat show trial of 52 men, back in 2001.

I won’t link to the video here; the men have been exposed enough. It lasts little more than a minute; it shows some kind of party on one of the boats that cruise the Cairo Nile. (You can buy a ride individually or rent the felucca for a group.) The cameraphone tilts and pans past some celebrating people; there’s a cake, and two seem to exchange rings. When it went viral, it was instantly dubbed “Egypt’s First Gay Wedding.”

4549887301409591956-الفنان محمد صبحي

Mohamed Sobhi attempts to keep gay marriage from spreading to him

Some of the men I talked to asserted the whole thing was a joke. One of the alleged grooms called the popular talk-show of Tamer Amin to say as much — that he had a girlfriend and was just “playing around with rings.” If it was a marriage between men, then in a sense it was intrinsically unserious, since the law doesn’t recognize that. Nor does the law punish playing at marriage. The furor kept mounting though. Amin, on his show, called for retribution. (Tamer Amin is eager to anathematize people he thinks are gay, but equally happy to excuse rape. When a Cairo University student was sexually assaulted earlier this year, Amin told viewers that “She was dressed like a prostitute … The sexually repressed boys couldn’t control themselves … I blame her for dressing like this, and her parents for letting her leave the house in that dress.”)  Mohamed Sobhi, an actor notorious for his paranoid rants against Jews, demanded the State “respond’ to the “the spread of the phenomenon of gay marriage.”

And the banned Muslim Brotherhood, the dictator’s most feared opposition, berated the regime that overthrew it, for going soft on perversion. A former MP for the Brotherhood’s own Freedom and Justice Party warned that “For the first time in Egypt, we hear of gay marriage. The coup leaders embrace the Western agenda of demolition and decay of religion, and Egypt is converted into a brothel.” She added that the “authority of the coup” lay behind the wedding.

We will find you: Major General Magdy Moussa (from Vetogate.com)

We will find you: Major General Magdy Moussa (from Vetogate.com)

The supposed ceremony thus became a political crime. The State took up the challenge: it started arresting people. Last Wednesday, September 3, police picked up at least 13 people in the streets around Ramsis Station, and interrogated them about the video. The next night, they seized an unknown number as they were leaving a club downtown — I’ve heard figures as high as 26. Most were released, but somebody pointed an incriminating finger. On Saturday, the media announced that men from the film had been arrested, by police directed by Major General Magdy Moussa. (The exact number is still not clear. Most news reports say seven people were arrested; Al-Mogaz says two more are being sought; Youm7 claims ten are involved, and even after a confused hearing Tuesday, where the lawyers were denied access to court papers, it’s impossible to verify a figure.) [NOTE: The Egyptian Initiative for Personal Rights has now confirmed eight defendants have been arrested.] Youm7 showed grainy video of people being hauled to jail. The full names of nine victims, some presumably still at large, appeared in the press.

Prosecutor General Hisham Barakat

We will hurt you when we find you: Prosecutor General Hisham Barakat

The charges against the men aren’t clear, but they reportedly included incitement to “debuachery” (fugur, the legal term in Egyptian law for homosexual acts), and “publication of indecent photographs.” The images showed “the purpose was the celebration of attachment to one another, in scenes deemed shameful to the maximum degree.” Egypt’s Prosecutor General, Hisham Barakat, personally intervened in the case to show its seriousness, ordering quick action. Egypt’s Forensic Medical Authority conducted anal examinations on the arrested men — an intrusive, abusive, torturous and medically worthless procedure. They found no evidence of homosexual conduct. That didn’t stop a court, on September 9, from ordering the men jailed for another 15 days so the furor can continue.

Dr Hisham Abdel-Hamid of the Forensic Medica Authority, who said the "bride" had turned out "normal"

Dr Hisham Abdel-Hamid of the Forensic Medical Authority, who said the “bride” had turned out “normal”

I spoke to one of the men trawled up in the police nets last Wednesday night: picked up at 3:30 AM on a street near Ramsis Station. This is his story:

I was standing with a friend — he had tight jeans, that was probably why they thought we were gay. Suddenly a policeman came out of nowhere and grabbed us. We were thrown into a microbus nearby. I tried to scream and the policemen told us to shut up. There were about 13 of us crammed in there, all picked up in various places.

In the past, Cairo police often looked for gays by riding in a microbus with an informer, who pointed out victims passing in the street. Almost a third of the Queen Boat defendants were arrested that way (not on the boat!) This time, the microbus took them to the Mugamma, the huge Stalinist building in Tahrir Square, a symbol of State bureaucracy. There police broke the men into groups for interrogation. One man “scampered off by a different door” — possibly he was the informer.

Soldiers in front of the Mugamma in Midan Tahrir, January 2011, by Joseph Hill

The Mugamma looms above Tahrir Square, guarded by soldiers, during the Egyptian revolution, January 2011: by Joseph Hill

My group was me, my friend, and another man I didn’t know. We were taken up to the 12th floor, the “Adab” [morals] division.
At first the police were very aggressive with us. They beat us with sticks, and called us many names. Then the boss came in to question us.

The boss was very civil. He said for months they had been arresting gays as a way of stopping the spread of AIDS, because these men were having sex without condoms.

This is false. So far as we know, no evidence that anyone transmitted HIV through barebacking has been presented in any cases so far. The manipulation of public-health rhetoric is a bit strange coming from a government that claims it can cure AIDS by turning it into sausages.

But now, he said, there is this video. He said we have a new president, and Sisi is determined not to let this kind of thing happen, and will not let the Muslim Brotherhood get any benefit from it. I told him I didn’t know anything about the people in the video. All the same, they took our phones and made backups of all the information on them.

We were kept there for six hours, till after 10 AM. After the boss left the other policemen came back and made fun of us, calling us female names and asking if we were carrying condoms. My friend and I were set free; they held on to the third guy who was with us, because they said there was a theft charge against him. I don’t know what happened to the others.

The information on the phones — particularly if passwords were stored on them — could help the police open the victims’ Facebook and other social-media accounts. Plenty more could be rounded up that way.

Don't blame Sisi: Cairenes light candles during a blackout. Photo by Islam Farouk for Al-Masry al-Youm.

Don’t blame Sisi: Cairenes light candles during a blackout. Photo by Islam Farouk for Al-Masry al-Youm.

This whole uproar raises several issues. First: why now? The men I spoke to told me the video was made last October. One theory, seized on by the press, is that someone released it now to get revenge on a participant. It’s not implausible, though, that the authorities somehow obtained it earlier, and have been waiting for the moment when it might prove useful. There is plenty to distract people from in Egypt these days. Rolling power outages afflict the country; September 4 was promptly dubbed “Black Thursday” because the blackouts were so severe. Meanwhile, no sooner did Sisi win his rigged Presidential election than he announced massive cuts to fuel subsidies, pushing up prices for many basic goods. In such straitened circumstances, the spectre of “gay marriage” has long-proven value as a distraction. In Morocco in 2007, a YouTube video allegedly showing such a ceremony provoked riots — and jail terms for participants — in the town of Ksar el Kbir. In Kenya in 2010, similar stories stirred up vigilante violence in Mombasa. In Egypt itself, the first, sensational press reports in the famous Queen Boat case said a same-sex wedding was taking place on the raided vessel; some months before that, the press had pounced on unproven rumors of a marriage in the Delta town of Zagazig. “Gay marriage” has become a perfect encapsulation of cultural powerlessness before the imperial West.

Second, of course, the video leaked amid a months-long campaign of arrests and vilification of people accused of homosexual conduct or of dissident gender expression. Transgender people in particular have been rounded up in clubs and on the streets, and seized in private homes. These arrests continue. In early August, police arrested a woman and two men in Rehab City, a gated community on Cairo’s outskirts, and charged the latter with homosexual conduct. I’m reliably told the cops stopped one of the men at a checkpoint, on his motorcycle; finding him suspicious, they went to his home, and found the conclusive evidence — condoms. (So much for the officers’ concern for public health.) Later that month, “security forces” arrested ten people in what they called a “prostitution ring” in Giza, in western Cairo. They included, it seems, a trans woman, whose photo was singled out to appear in El-Watan. (Only the eyes were imperfectly blacked out; obscuring the face was done by me.)

Arrested August 26 in Giza: Victim of moral panic

Arrested August 26 in Giza: Victim of moral panic

But it’s not just alleged gays and trans people who are victims of the atmosphere of repression. The police presence in downtown Cairo is formidable now. Just under three weeks ago ago, cops raided a host of sidewalk cafes, forcing them to shutter because they had tables on, well, the sidewalk. (I recall when Recep Tayyip Erdogan moved similarly against street life in Istanbul’s bustling Beyoglu district, Western conservatives condemned it as creeping Islamic totalitarianism. When Sisi does it, nobody bothers.) The next day, they cracked down on street vendors. Grim, barred trucks from Central Security palisaded the avenues, filling up with hapless men whose crime was hawking scarves and jeans in the passageways off Qasr el-Nil. There is a general campaign of social control going on, and a general rehabilitation of the reputation — and power — of the police. Homosexuality is simply another convenient bogeyman. Its particular convenience, though, is that it unites several things Sisi despises: “Western” influence (as in those marriages), abnormal gender roles, and the youth culture and revolutionary decadence symbolized by the downtown world. Attacking “debauchery” allows him to set the State firmly against all those debilitating forces.

Third: the fact that the latest arrests came after criticism by the Muslim Brotherhood shows where Sisi senses his greatest vulnerabilities. Having overthrown the conservatives, he needs to prove his moral credentials. It’s significant that no comparable wave of repression happened under the Brotherhood itself: they had no credentials to prove. (It’s also significant that this panic has burgeoned during the week the government sentenced several Brotherhood leaders to decades in prison.) Sisi’s Minister of Religious Endowments — who more or less controls all the country’s official mosques — explained the official line elegantly to the media last week. Every Egyptian should reject “all anomalies” such as homosexuality, “because in the end they only serve the forces of extremism and terrorism, which claim to be the protectors of religion and morality.”

Homosexuality causes Islamism: Mokhtar Gomaa, Minister of Religious Endowments

Homosexuality causes Islamism: Mokhtar Gumaa, Minister of Religious Endowments

Finally, what all this produces is fear, comprehensive and immobilizing. No one can guess what will come next, how far the crackdown will go. There are vague stories the State has planned a massive trial of alleged homosexuals for later this month, or next month; no one knows whether this mini-Queen-Boat is enough for them. Cairo Scene, a English webzine for the privileged party set, has claimed the police are already arresting gay men over Grindr; no one has been able to confirm a single case, but the rumor only adds to the terror. My sensible colleagues are pruning their phone lists, taking down photos from Facebook, and waiting — waiting for what, nobody can tell. Even I have drawn up a list, for friends, of things to do if I’m arrested; when insouciant I behave that way, you know something is wrong. A full-fledged moral panic is spreading in Egypt. It even has a song — by an Egyptian band, proclaiming that something must be done to stop the she-men with skinny jeans:

The panic infects political discourse, turning everything to triviality. The contrast between the indifference accorded real and terrible stories of violence against women, and the seriousness with which a mock wedding is reviled, remains ominous. The men on the boat may have been careless or presumptuous, but the whole country increasingly resembles a ship of fools. The absurdity isn’t innocuous, though. The point of moral panics is that they can always find new victims.

 

Five arrests for “homosexuality” in Uganda: A fuller story

Demonstrator at 2012 anti-homosexuality protest in Kampala, from www.pbs.org

Demonstrator at 2012 anti-homosexuality protest in Kampala, from http://www.pbs.org

On Wednesday, the Daily Monitor, a state newspaper in Uganda, headlined a story, “Five Suspected Homosexuals arrested.”

Police in Pader district have arrested five people suspected to be promoting the act of homosexuality in the district.

The suspects were arrested in the period of one week after the tip off by the locals, who accused the suspects of moving within the schools in the district, promoting the practice which was early this year criminalized by the Anti-homosexual [sic] Act 2014.

It’s alleged that the suspects have been carrying out clandestine movements in both primary and secondary schools in the district luring the pupils and students into the practice.

The story was foggy, but certainly made it sound as though these were early victims of the country’s months-old Anti-Homosexuality Act. It came only a couple of days after Uganda’s Foreign Ministry had issued a palliative statement aimed at donors, saying the new law had been “misinterpreted as a piece of legislation intended to punish and discriminate against people of a ‘homosexual orientation’, especially by our development partners,” The government “will continue to guarantee equal treatment of all persons on the territory of Uganda,” it promised sunnily. 

The coincidence was too rich and sinister not to stress, “Five Ugandans have been arrested under the country’s draconian Anti-Homosexuality Act,” said the US-based Advocate magazine.  Somewhat to my embarrasment, I got on this bandwagon myself, at first tweeting:

Ugandaa 1 copy

–then correcting myself a day later, as we heard more from Ugandan activists:

Ugandaa 2 copy

Neither message was accurate. In the last two days, a team from Uganda’s Human Rights Awareness and Protection Forum (HRAPF) A team from HRAPF and Sexual Minorities Uganda (SMUG)  went to Pader, in Uganda’s north. “The team spoke to the Officer in Charge at Pader Police Station, the District Police Commander of Pader, one of the persons arrested, and visited the school where the incidents of promotion of homosexuality were said to have taken place. ” According to a message from Adrian Jjuuko, HRAPF’s Executive Director, this is what they found:

1. It is true that five people including a minor were arrested in Pader on allegations of homosexuality. The arrests took place on 26th and 27th of June 2014. The five persons are: an 18 year old who was the original complainant, a 34 year old businessman; a 16 year old student who stays with the businessman, and a 21 year old and a 30 year old.

2. The background to the case is that one of the arrested persons, the now 18 year old (who was a minor at the time the case was first reported) was arrested on 10th October 2013 for attempted suicide. When asked about the reasons for attempting suicide, he stated that his employer with whom he had been staying had started acting violent towards him. That they had been living together for sometime as ‘husband and wife’ but he had turned violent after he had accused him of stealing his money. That is why he attempted to take his life by stabbing himself. The Police did not arrest the employer at that point. On or around 25th June 2014 he once again stabbed himself and he was arrested by the Police. He repeated the story and that is when the Police arrested the other four.

3. They were not charged with any offence but statements were taken from them.

4. They were subjected to anal exams which were inconclusive.

5. The file was forwarded to the Resident State Attorney who did not advise on any charge but instead sent the file back to the police commenting that there was no evidence of any offence related to homosexuality.

6. The police released all the persons who had been arrested on Police Bond. The file however remains open and ‘investigations’ are ongoing.

7. On the allegations of promotion of homosexuality, no one was charged with this, and the Headmaster of the school denies that there are cases of recruitment that have been heard in the school. The Police also do not mention any facts on which this [newspaper claim] was based.

Location of Pader district in Uganda

Location of Pader district in Uganda

Three things are noticeable. First: a minor claimed that he was a victim of domestic violence. The legal case started, though, when he was arrested as a result, followed by the alleged perpetrator and others. In other words, the story shows again that even Uganda’s old, colonial-era sodomy law (never mind the new one) denies people accused of being lesbian, gay, bisexual, or transgender the basic protection of the law. The rhetoric surrounding the new “Anti-Homosexuality” law was that it was meant to protect “children and other vulnerable groups,” as the recent government statement reaffirmed. That’s nonsense. Children are at threat, deprived of any protection under the law.

Second, while we don’t know what else these people underwent during the police investigation. the “inconclusive” forensic anal exams, while medically valueless, are also an intrusive and abusive form of inhuman treatment that, conducted in carceral conditions, can amount to torture.

Third, the “investigation” continues to hang over the heads of the abused men, with no indication of whether or when they could finally be exculpated and freed from the threat.

Torture, abuse of children, absence of safety or protection, unending and debilitating uncertainty: even without the Anti-Homosexuality Act being invoked, the legal menaces to the lives of LGBT Ugandans are real enough.

Sodomy in Zambia

James Mwape (in mask)  and Philip Mubiana (head covered in a brown coat) led away in chains after a court hearing, May 2013: Photo by Lusaka Times

James Mwape (in mask) and Philip Mubiana (head covered in a brown coat) led away in chains after a court hearing, May 2013: Photo by the Lusaka Times

On July 3, a court in Kapiri Mposhi, in Zambia, acquitted Philip Mubiana and James Mwape. They had been held in jail for almost fourteen months, charged with homosexual sex under Zambia’s sodomy law, which carries a sentence of up to fourteen years. (NOTE: see comments) The presiding judge didn’t comment on the justice of the law itself; he only found that there was no substantive evidence against the accused, who were arrested on hearsay and suspicion, reportedly turned in by family members.  According to the blog 76 Crimes, which has followed the case from the start, Zambian LGBT and human rights activist Juliet Mphande said: ““We have fought long and hard and this victory does not belong to us but to all Zambia’s sexual diverse and gender variant children.”

The triumph for the two is mixed; with their faces and names published all over Zambian media, their lives in the country are wrecked. Still, the court’s decision reflects the strength and persistence of Zambian LGBT campaigners. It brings back memories for me, vivid and piercing. I first visited Zambia sixteen years ago, in 1998, when the country was in the midst of a huge collective frenzy about the dangers of “homosexuality.” With every public figure from university professors to the President himself taking turns deploring the incursion of perversion, it seemed unlikely that there would ever be a Zambian LGBT movement, much less a court victory to celebrate. What happened back then holds lessons not just for Zambia, but for other movements today. Some indulgence in my own memories of sodomy in Zambia may thus be justified.

Back then, I worked for IGLHRC, the International Gay and Lesbian Human Rights Commission. The turmoil in Zambia in 1998 had one identifiable origin. On July 13, a young man named Francis Yabe Chisambisha, who is one of the bravest people I’ve ever known, decided he’d had enough of self-concealment, and he wanted to come out. It says something about anomie in Zambia’s shifting society that for him, this meant coming out not to friends or to family, but to the biggest audience imaginable. He walked into the largest national newspaper’s offices in Lusaka, told them he was gay, and asked if they’d like to interview him. They did. Next day, The Post published his photo on its first page with two-inch headlines: “I’m 25, gay, with 33 sex partners …” Inside the three-page article, Chisambisha explained why he wanted to speak:

“Firstly, what I want is to tell society that this gay thing has been there even before our generation.  I want society to be aware that it is happening in Zambia and there are people who want to be respected for their choice.  It’s just that in our African culture, it’s believed to be taboo and hence people do it in hiding … But the fact that I am doing it, shows that this practice is there and will continue to be there as long as man is there.”

And then a massive moral panic started, the most mammoth I’ve ever seen. As I wrote later,

The response was instant.  The day after Chisambisha’s confession, the Post was already receiving hand-delivered indignant letters.  “There is totally nothing good in being gay that one should feel that it is an achievement to come out in the open,” one read. The rest of the press scrambled to rival the scoop; when, weeks later, a headline screamed “Another gay surfaces,” it seemed like relief for desperate reporters.

Homosexuality had never been openly discussed in Zambia; now the country talked about nothing else. Daily headlines and nightly news stories boomed and threatened and condemned the danger. At the end of November I went to Zambia on behalf of IGLHRC to witness first-hand what was going on.

I reached Zambia on the third day of my first trip ever to Africa. You have to plumb my inexperience to grasp how we did human rights work back then. I’d landed in Johannesburg and spent a night in a doss-house run by awful white people. The next day I flew to Harare. There, I had one lovely evening with Keith Goddard and Romeo Tshuma and other members of Gays and Lesbians of Zimbabwe (GALZ), drinking beer around a glowing braai in their garden, under the jacaranda leaves and the unfamiliar stars. Early the next morning Keith came to my cheap hostel, rousted me from hungover dreams, drove me to the far edge of the city, and left me by the road to wait for the bus to Lusaka.

How I thought I would look in Lusaka

How I thought I would look in Lusaka

It started as a demure urban bus, prim passengers carrying suitcases. Approaching the Zambezi, it became more and more one of those rural nightmares, the luggage giving way to chicken coops, then to chickens that scrabbled neurotically up and down the aisle. Near midnight, nearing Lusaka, the obsidian windows showed buildings billowing up, distended, surreal; with each dis- and embarkation, as if in a Cinderella story, the chickens turned back to suitcases again. I scrambled up to the driver and asked if he could leave me near a taxi stand. “Do you know where you’re going?” he demanded. I said I didn’t have a hotel. He looked at me in utter astonishment. I had an acute sense of the absurdity of my whiteness, a pale incarnation of presumption. In the end he parked the bus on a clogged street in the center, got out with me, took me to a churning café, and handed me over personally to a taxi driver. “Guard him,” he told him dramatically, “like an egg.” The inns were all full. It took two hours to find a motel on the margins of Lusaka, where spiders the size of espresso saucers kept watch like sour theater critics on the wall above my bed.

How I actually looked (Figure of Clergyman, by Thomas Ona Odulate, active 1900-1950, Nigeria, in The the Hunterian Museum and Art Gallery, University of Glasgow)

How I actually looked (Figure of Clergyman, by Thomas Ona Odulate, active 1900-1950, Nigeria, in  the Hunterian Museum and Art Gallery, University of Glasgow)

The next day I started trying to decipher things. Speaking to Francis, it was clear they’d gone very, very wrong. After Chisambisha came out, a local human rights Big Man had taken him under his wing. I’ll call him Mr. Mubanga; he led an NGO, the Zambia Independent Monitoring Team (ZIMT). They’d made their name doing election monitoring, so their interest in gay rights was, if welcome, slightly weird.

Yet Mubanga (who insisted he was heterosexual) quickly positioned himself — so I later wrote – as “the country’s main spokesperson on the issue of sexual orientation.” He showed courage; at a forum about homosexuality before infuriated college students, he “narrowly escaped lynching,” a newspaper said. But he was also dangerously, deliberately provocative. Almost immediately after Chisambisha’s coming-out, he told the press – completely falsely — that “We have been visited by Netherlands and US-based gay organizations who have expressed desire to sponsor the protection of gay rights in Zambia and lobby for the removal of statutes that are against those with a variant sexual orientation from the Penal Code.” He fed reporters bluster, declaring one day that Zambia had 10,000 homosexuals, another day that there were half a million. He announced plans to form an LGBT organization, LEGATRA, under ZIMT’s auspices.  He talked as well about establishing a branch of IGLHRC in Zambia, or a version of ILGA. All his language seemed calibrated to confirm that gays were both a huge threat and a foreign influence. And the more outrage crescendoed, the more he made the case for money. Whenever I sat with him, he spoke not of Francis’ situation or LEGATRA’s status, but of grants and aid. How much did IGLHRC have, and where did it get it?  His assistant took me to a party at the Finnish Embassy. I chewed reindeer meat – the only time I’ve ever eaten it was under bougainvillea trees in Lusaka – while he buttonholed diplomats and demanded how much they would give to help the endangered gays of Zambia. Mubanga’s rapacity was personal.  He’d cadge money from me every afternoon, saying he needed it for gas to drive to Libala or Kabulonga to meet some endangered gay man. I stopped giving it when a woman who worked for him hissed to me, “You know he’s using the money to go visit his mistress.” But these were peccadilloes next to the harm he did to lives he was defending.

Forced to choose sides, the rest of civil society uniformly condemned Chisambisha and “homosexuality.” A dean at the University of Zambia intoned that “Every society has minimum standards of acceptable behavior and those for homosexuality championing those filthy practices should not be condoned at all.” Another election-monitoring NGO called it “a matter of urgency that the campaign for the rights of homosexuals and lesbians be nipped in the bud.” The President of Focus for Democracy (FOD) told Francis Chisambisha in a public panel, “You chaps are sick. You need help. You need what I call sex therapy…. I wouldn’t want any of my children to be spoiled just because of you chaps.” Leaders of mainline churches lined up to voice indignation, but evangelicals found the most fodder. One newspaper reprinted materials from Exodus International, providing it one of its first firm footholds in African public discourse. When, in September, the Norwegian Embassy gave ZIMT a grant, partly for its work with the still-imaginary LEGATRA, the issue became political and diplomatic, and “homosexuality” wound up still more isolated. The Minister of Health and the Vice-President blasted the move, and in October, in a speech on Zambia’s thirty-fourth Independence Day, the President himself said: “Homosexuality is the deepest level of depravity. It is unbiblical and abnormal.  How do you expect my government to accept [it]?” The Times of Zambia warned:

We have reason to suspect that many of those behind the alliance formed by gays and lesbians in Zambia are money-mongers who are more interested in donor funds which … the West has promised them.

Zambia's President Chiluba: in the big chair

Zambia’s President Chiluba: in the big chair

In fact this was more or less true of Mubanga, though not of the “gays and lesbians in Zambia,” who had no say in what was said on their behalf. Neville Hoad, a South African scholar, has written that Mubanga

needed threats of state oppression and expressions of national homophobia to mobilize an international gay and lesbian constituency and, more problematically, to obtain funding for its attempts to use homophobia to produce a local constituency. “More than 20 gay and lesbian Zambians” joined LEGATRA. Where were the five hundred thousand, or even the ten thousand? While these numbers were clearly fabricated, they were important in establishing a movement that transnational activists could step in and claim to support. Yet given the short-lived nature of the debate and the actual numerical support LEGATRA could muster, it is far more likely that the movement has been an effect of transnational organizing rather than a grassroots movement.

Hoad is broadly right. However, there was no real “movement”  at all– it was a fabrication — and neither was there much “transnational support” for ZIMT, beyond the one Norwegian grant. That too was mostly smoke and mirrors Mubanga tossed up.

In Hoad’s intepretation, the months of outrage helped cement a particular version of a “homosexual” (or “LGBT”) identity in Zambia. In a flagrantly Foucauldian way, even enemies collaborated:

The state needs to produce its population as always already heterosexualized in reaction to the traumas of globalization. The transnationally fueled local organizations need to produce a population always already homosexualized and in need of protection from the defensively homophobic state. What both camps collude in foreclosing is the diversity of desires, practices, and possible identities and communities

This is true to the extent that “homosexuality,” a word almost never heard before in Zambia, became a catch-all for those desires and practices post-scandal. Yet it was itself a word in flux. In all the brouhaha, nobody treated “homosexuality” as if it had a pinned-down meaning. They didn’t use it for specific kinds of “carnal knowledge against the order of nature,” the terminology in the colonial-era law. It ballooned away, unmoored to any dictionary, meaning whatever the speaker thought was bad: Western values, Western money, atheism, misplaced development priorities, youth led wild. This is of course exactly the environment in which a case like the recent one can flourish, without evidence or prospect of proof. An identity was developing, but it was elastic in the hands of its enemies.

Only rarely did I talk to people (other those who actually called themselves “homosexual”) who used the word more stringently. These conversations weren’t encouraging. ZIMT had a project on the rights of traditional chiefs. One of the chiefs was in the office one day, an old man in a dark blue suit, frowning in the involuntary way the well-educated often do among idiots, unhappily shuffling papers. I sat across the table from him; he asked what I was doing in Zambia, and when I explained, he nodded. “It’s nonsense to say those people didn’t exist,” he said. “Of course, we always had those people.” He thought a bit. “The punishment was, we used to throw them on a fire and burn them alive.” It turned out he didn’t know of this actually being inflicted. It was a theoretical punishment, like plucking out the offending eye: the rhetoric had its own dissuasive value. I didn’t ask – I wish I had – how old he thought these rigors were, or whether he thought them inflected by Christian custom, or a lot of other questions. Relative to all the weirdness whirling outside the room, he seemed almost a voice of pragmatic calm.

When I came back in 2000, I encountered a purely modern understanding of homosexuality, untempered by any pragmatism. I met with the head of the Criminal Investigations Division of the national police – more or less, the FBI.  He was a carefully-spoken man disfigured by teeth that went wildly widdershins, as if somebody had inserted a small model of Stonehenge in his mouth. He launched on the usual stuff about how “homosexual” sex didn’t exist in his country. I asked why he thought these practices, absent in Zambia, seemed so common in the West. He mulled this. “In countries where life is full of plenty of stress and nervous agitation,” he said, “it is to be expected that people should engage in many mentally deviant activities, such as ‘gay and lesbian’ ones. Therefore it is no surprise that they should capture young men and engage in unnatural acts upon their bodies, and kill them, and preserve their body parts, and eat them …”

IGLHRC logo, 1998: Enervated by Western modernity, those continents are eating each other alive

IGLHRC logo, 1998: Enervated by Western modernity, those continents are eating each other alive

I realized that the most powerful policeman in Zambia had derived his own definition of “homosexuality” entirely from reading about Jeffrey Dahmer. I also realized that my IGLHRC card, lying belly-down on his desk, said “Gay and Lesbian” prominently on its face. I felt an overwhelming impulse to retrieve it before he looked at it. All I remember of the rest of the meeting are a series of furtive snatching attempts, my hand twitching like a hedgehog. I don’t recall whether I got the card back. Probably not.

If I wanted, I could tell the whole story as if written by V. S. Naipaul, or his brilliant and reprehensible brother Shiva: those tales of poor Southern people driven crazy, by the paucity of inner culture that Naipaul superciliously deplored. But there was no paucity. Nor was the craziness crazy. Under the panic were perfectly sane, consistent logics. One was a narrative most Africans know all too well: economics.

The key question in Zambia: Cover of a study by  Chewe Chabatama

The key question in Zambia: Cover of a study by Chewe Chabatama

Civil society, pace Hegel, is not a natural aspect of humankind. It happens when both citizens and donors want it. Before the 1990s, the big money men – the IMF and the World Bank – saw no need for civil society. It meant unpleasant aggregations of people who stood in the way of dams. However, as the lenders began bringing their favored neoliberal nostrums, called structural adjustment, to Africa, they saw the wisdom of paying for a new social stratum. Structural adjustment meant forcibly stripping the state of its old functions: health, education, welfare. It would be convenient for an NGO sector to arise and take over some of these tasks (the ones that couldn’t be purely done for profit). The official line of the international lenders was that these organizations would be less “corrupt,” more “transparent” than governments. Bilateral donors, mainly Northern governments, followed the lenders’ lead. They all waved a wand, and lo! there was civil society. Development NGOs, service NGOs, even human rights NGOs sprouted across Africa like mushrooms after rain.

Meanwhile, structural adjustment plans, downsizing the government ruthlessly, disrupted the traditional, secure career path of educated youth – formerly straight into the arms of the state, the civil service. These kids were forced to build a new, entrepreneurial middle class; and the ones who didn’t like private enterprise went into nonprofits. On a long Lusaka taxi ride, a young gay professional offered to write the contact info of “all his NGOs” for me, since he didn’t carry business cards. There were three. I only remember the last: He was President of the Zambian Youth Anti-Smoker’s League. As he scrawled this in the back seat, he was puffing his fifth Marlboro.

Let them eat, um, something: Cartoon on structural adjustment programs

Let them eat, um, something: Cartoon on structural adjustment programs

The problem was, predictably, that the sudden growth outstripped the available funds. People founded NGOs on hope, then found the grants didn’t come through. By the late 1990s resources were drying up, and all civil society withered in the drought. To a thoroughly entrepreneurial mind like Mr. Mubanga’s, discovering the LGBT issue was like finding an untapped aquifer. There were organizations doing gay rights in the West; this meant there had to be resources. From a certain perspective this was funny, since the available funding for LGBT rights then was a mere fraction of the (inadequate) figure now. Still, my salary that year (about $35,000), which barely kept me afloat in New York, could power a small NGO in Lusaka. You might not give a shit about gays, but if you cared about feeding your employees, building an IGLHRC in Zambia made a certain sense.

A side-effect was that this opportunism fed other, malign popular fantasies about homosexual acts.  One of these was a belief I also heard in Zimbabwe: no sensible African man would do that kind of thing except for money. (I’ve encountered this explanation in many countries, but it seems especially potent in places where white settlers outlasted settler colonialism, and where the structural – and sexual – power that had been political now took economic form.) If that were true, then gays in the great Abroad must have a lot of cash to corrupt people. Stories about how individuals could be debauched turned into myths about how societies were.  “Homosexuality” looked less and less like sex, and more like a conspiratorial nexus between foreign money and foreign morals; it acquired something of the character that Jewish or Masonic conspiracies had in other, more European mythologies.  These fears comprise an excellent way of yodelling up resistance, as any number of fascist movements know. A clear line stretches from the rhetoric in Zambia to what has happened in Uganda.

Tony and Marge Abram, of Abundant Life Ministries (L, need I say) in Zambia in 2005: http://www.abundantlifecrusades.com/. Their story, linking prayer and white supremacy, is typical: "In 1966, when Marge and I drove through what was once Southern Rhodesia and elephant country in our old Volkswagen beetle, to the most beautiful falls in the world, we could look across the falls and see Zambia.  I told Marge then, that one-day we would preach there and God would give us many souls."

Tony and Marge Abram, of Abundant Life Ministries (L) in Zambia in 2005: http://www.abundantlifecrusades.com/. Their story, linking prayer and white supremacy, is typical: “In 1966, when Marge and I drove through what was once Southern Rhodesia and elephant country in our old Volkswagen beetle, to the most beautiful falls in the world, we could look across the falls and see Zambia. I told Marge then, that one-day we would preach there and God would give us many souls.”

But as the donor spigots tightened, politicians and activists and ordinary folk turned to another source of money and expectation, infinitely greater than anything poor foreign queers could offer: the vast largesse of religion.

In 1996, Frederick Chiluba, Zambia’s first democratic President, changed the constitution to define his homeland as a “Christian nation.” Chiluba was a trade-union leader who’d unseated the longtime dictator Kenneth Kaunda partly on a wave of rage against structural adjustment. He turned around to enforce structural adjustment (and make himself very rich) in office; militant Christianity undoubtedly helped him feel there was moral backbone behind his copious betrayals, but it also gave the people he betrayed a bit of hope, however gossamer. And it lent him support, some ideological, some financial. Western preachers descended on Zambia like locusts, in a preview of what would befall Uganda a little later. They bought up friendly politicians’ services and souls. Before apartheid’s fall, most of these ecclesiastics’ energies had been confined to the congenial white-ruled countries to the South. Now their “Rhodesian” passport stamps were no barrier to infesting democratic Africa, and they needed a regional base.

Tony Abram (R, need I say) with worshippers in Zambia, 2005

Tony Abram (R, need I say) with worshippers in Zambia, 2005

In Zambia, religion became an export good. By the mid-1990s, the country was sending missionaries to the rest of southern Africa. Whenever I flew out of Lusaka to Harare or Joburg, the plane was full of earnest, suited young Zambian men studying Bibles.  Returning  in 2000, I found one of the three TV channels had been handed to Christian programming. These were mostly US and Canadian televangelists I’d never heard of; one of them sat in a gold chair and talked nonstop about getting rich, and I learned volumes about the prosperity gospel. It would be easy to suppose these principally ensnared the poor and desperate. In fact, I think, their main appeal was to the new entrepreneurial middle class – the businessmen and activists whom structural adjustment had made, now worried for their status and their future. The preachers told them they were right to be rich (richer than their parents, anyway). The added message that homosexuals were after their prosperity was wired to set their anxieties violently in motion. And Mr. Mubanga knew just how to push those buttons too.

European Couple Walking the Dog, by Thomas Ona Odulate (active 1900-1950, Nigeria), Fowler Museum at UCLA.

European Couple Walking the Dog, by Thomas Ona Odulate (active 1900-1950, Nigeria), Fowler Museum at UCLA.

The 1998 panic over homosexuality was dreadful: not just a practice run for what later happened in Uganda, but a disaster in its own right. It destroyed lives. Estranged from his family, jobless, facing death threats, Francis Yabe Chisambisha left the country; he spent a decade trapped in the dystopian asylum process in South Africa, hiding in Hillbrow in poverty and limbo. When I came back to Zambia in mid-2000, almost every lesbian or gay Zambian I’d met eighteen months before had also fled, or gone deep underground. Nascent communities were devastated, some people arrested, a few imprisoned. LEGATRA, which had never really existed, was conclusively banned, and Mubanga eventually lost interest. In 2000, ZIMT collapsed, amid charges he’d embezzled money.

You can’t blame Mubanga exclusively for what happened, but he and the enormous forces of repression, apparently at violent odds, were actually joined in a bizarre tango-like tandem. They used him to whip up public anger; he used them to wheedle for international support. Trapped between were not just Francis Chisambisha and the few who joined LEGATRA, but all those who had “gay” sex or “gay” desires in Zambia, dissident and gender-dissonant bodies, folks who mainly just wanted to find ways to live their lives, but got caught up in a conflict they never planned.

Zambian seal: One nation, not applicable in cases of difference

Zambian seal: One nation, not applicable in case of difference

Inexperienced as I was when I climbed down from the bus in Lusaka, I figured out fast enough that this lopsided confrontation wasn’t going to help anybody’s human rights. IGLHRC, at least, did what it could to defuse the situation; I stayed out of the media mayhem, struggled quixotically to temper Mubanga’s financial dreams, provided what little moral support I could to Chisambisha and those around him, and tried to warn the “international gay and lesbian constituency” against ladling help that wouldn’t help Zambian LGBT people. The scandal eventually died down. The long-term damage was that it left no space for Zambians to organize around sexuality or gender identity or expression, for many years. In the ruins of communities, there was little room to discuss what identities were relevant or what freedom might mean. (You’ll notice that Francis Chisambisha insisted in 1998 that being “gay” was a “choice.” The space for that kind of heresy also shut down.)  In 2008, Friends of Rainka, an LGBT-identified organization, was founded in Zambia, and others have arisen since. That’s a ten-year gap, a lost decade. Those activists combine bravery and strategy with building a real constituency. They’ve campaigned courageously against clerical hatred, media incitement,  state repression. They’ve defended the persecuted and jailed, even as some (like the HIV activist and human rights defender Paul Kasonkomona) were jailed themselves.

Friends of Rainka member speaks out about the human rights of LGBT people while calling into a program on Radio Phoenix, April 12, 2013. Posted by http://76crimes.com/tag/zambia/

Still, if 1998’s fiasco were happening in some other country today, I’m afraid things would be much worse. Plenty of international groups and activists wouldn’t even ask whether a figure like Mubanga actually could speak for a social movement at home. They too would join the tango, needing his deceptions as he needed their press releases. There would be petitions, blog posts, boycotts, Twitter campaigns, and lots of fundraising. Nobody would care much whether they succeeded; isn’t raising awareness the point?  It’s LGBT people in the country in question who would lose, and probably on a larger scale.

I have another group of memories of Zambia which I think matter here, though I confess I am not sure how. They are all about death. Dying was everywhere in the country. New undertakers’ shops seemed to stand on every street corner, crisp plywood coffins stacked outside the threshold, the only growth industry. Wherever you travelled beyond the capital, funeral processions stretched down the road in the long light of evening, with women keening in the back of open trucks. A friend late for a morning meeting explained that her neighbor had died during the night. People spoke about death casually; it was more predictable than the weather. Someone had a fever one day; the next they were gone.

HIV/AIDS indicators in Zambia, 2001-2005, from http://www.youthalivezambia.org/?page_id=174

HIV/AIDS indicators in Zambia, 2001-2005, from http://www.youthalivezambia.org/?page_id=174. DHS = Demographic and Health Surveys.

HIV/AIDS prevalence among adults in Zambia had reached somewhere between 12 and 20 percent by 1998. There were more than a quarter of a million children orphaned by AIDS, most living on the streets. (A lesbian I knew, thrown out by her family, had moved to a tin shack in a mud flat on the edges of Lusaka, where she worked with orphan street children.) Among the factors contributing to the catastrophe, global capitalism’s exigencies played a role. As late as 2005, out of a million or more Zambians living with HIV/AIDS, less than 45.000 had access to anti-retroviral therapies, largely due to pricing and Western corporations’ patents. (By 2013, the numbers of the fortunate with a chance to survive had at last expanded to nearly half a million.) Structural adjustment had also done its bit to ravage people’s bodies. As soon as it began to destroy the country’s health care systems in the 1980s, the rate of tuberculosis infection began to rise. From 100 per 100,000 in 1984, it more than quadrupled in the next twenty years.

Top graph: From "The Impact of Tuberculosis on Zambia and the Zambian Nursing Workforce," at www.nursingworld.org. Bottom graph: UNAIDS.

Top graph: From “The Impact of Tuberculosis on Zambia and the Zambian Nursing Workforce,” at http://www.nursingworld.org. Bottom graph: UNAIDS.

One memory stands out. In 2000 a Zambian lawyer friend and I rode in a microbus to Kabwe, north of Lusaka, to get the court files in a case of a man convicted under the sodomy laws the year before. After we found the record of his five-year sentence (“accuseds behavior is alien to the African Custom.  … We are living in an HIV AIDS area and this behaviour couldn’t be condoned by this court”) we went to a prison farm not far away, Mukobeko Prison, to try to see him. Past the gates and barbed wire, in the visiting room, we spoke to the victim, still stunned and inarticulate. Afterwards, the commandant, a genial man inordinately proud of his efforts to sustain the institution on a desperately inadequate budget, showed us around parts of the penitentiary. (Twelve years later, the Vice-President of Zambia would call conditions in Mukobeko “hell on earth.”) We came to a shedlike cell where some forty men were sprawled. All lay on the mud-and-concrete floor except for one man, who’d been given a filthy foam-rubber mat. I went up to him. He was obviously dying. Possibly he had TB, probably AIDS; his eyesockets were rimed, his breathing labored. He could have been anywhere between thirty and sixty. I took his hand. I asked him some questions about medicines. He said something else to me; it wasn’t about drugs. I have no memory of what he said. I only remember that he stared deep into my eyes. In a long life of seeing various forms of suffering, I have infrequently been so close to someone so imminently about to die. I do not remember his face, I only remember his eyes. I held his hand. We had to leave, and we left him there, and I do not know his name.

We die alone; the “we” vanishes with the breath. I suppose if I remember that so vividly, and if I think the memory is relevant here, it’s because it brought home to me how deeply death is loneliness, the limit-point of the “we,” beyond help, insusceptible to documentation. Our activism is a struggle against being alone. Two years earlier Francis Chisambisha said to me, explaining why he came out:  “I was alone and I wanted not to be, and I wanted to help others not to be. I found out that being alone was legal. Wanting not to be alone was criminal. Wanting to help others was the worst crime of all.” This fails, like most things. There is loneliness, and that too is a memory of Zambia.

Family members show support for James Mwape and Philip Mubiana through the bars of a lockup, May 2013: Photo from 76crimes.org.

Family members show support for James Mwape and Philip Mubiana through the bars of a police lockup in Kapiri Mposhi, May 2013: Photo from 76crimes.com

 

LGBTI refugees and Western saviors: Ugandans facing violence in Kenya, and how you can (and can’t) help

Housing in "community areas" of Kakuma refugee camp, Kenya, 2010: Photo by Matija Kovac

Housing in “community areas” of Kakuma refugee camp, Kenya, 2010: Photo by Matija Kovac

My friend Victor Mukasa, a distinguished Ugandan human rights activist, helped to found Sexual Minorities of Uganda (SMUG) many years ago. Now he’s leading a Kuchu Diaspora Alliance for Ugandan LGBTI people abroad; yesterday the group posted its first videos on YouTube. They describe violence beleaguering Ugandan queers who fled the country and now subsist in a refugee camp in Kenya. They’re based on Victor’s phone interviews with the victims.  I urge you to watch:

… the sequels are here, here, here, and here. This is my summary:

In Kakuma camp, there are 58 known LGBT Ugandan refugees. 23 who came earlier — before the Anti-Homosexual Bill was passed — have moved into the camp’s more permanent sections, which have small, dirt-floor huts. 35 more recent arrivals are in the camp’s “reception” area, where housing consists of tents.  

Other residents have steadily harassed the Ugandans. On Friday afternoon (June 27) a group ganged up on a Ugandan in the reception area and beat him badly, saying “This camp is for refugees, it is not for wild animals.” When he ran, they chased him and started beating other Ugandan LGBT people. Some of the victims went to the camp “security organ” to complain, and were reprimanded: “Why do you show that you are gay?”

All 35 Ugandans decided to march in protest to a UN High Commission for Refugees (UNHCR) office near the camp.to demand protection against the ongoing violence. It took two hours. The head of security at the office opened the gates, let them enter, and gave them mats to sleep on in an area that also had toilets and working water taps — scarce commodities in the camp itself. The next morning, though, “UNHCR officials” told them to leave, and turned off the water. When they insisted on remaining for a peaceful sit-in, the officials called in Kenyan government representatives: someone “in charge of refugee affairs,” and the “regional police commander” for the area. These ordered them back to the camp, threatening to use force. One refugee watched the regional police commander make a call to someone, saying “come in and take control of this area.”  At 5 PM, some 70 “military” (it’s not clear to me whether these were police or soldiers) arrived.

After discussions, the refugees decided to go back,; UNHCR officials told them a “safe place” had been prepared. When six got in the truck, the soldiers started beating the rest, throwing them inside and insulting them: “This is Kenya, you shouldn’t have come here! We should apply Kenyan law on you.”

Back in Kakuma, they found their tents in the reception area had been reallocated to others, and the harassment continued. Eventually they were relocated to an area on the margins of the camp, with little water, in a “desert.” They’re still terrified, and they report that the ringleader of the Friday attack — who at first was taken into police custody — has been released. 

Already this year, there’s been huge publicity about LGBTI people fleeing “Africa” (it’s always treated as a single country) to the friendly West to escape persecution. “Will the next decade see Wall Street’s millions build an underground railroad from Lagos to New York, whisking Africa’s LGBT youth to safety and freedom?” a writer asked in a US gay magazine. No. As this story shows, it’s not so easy. I’ve accumulated some experience in asylum and refugee issues over the last 20 years, and in 2009 I worked with regional groups in a successful project to help LGBT Iraqis targeted by death squads leave the country.  Here are my reflections on this disturbing story: what’s the background, and what well-meaning Westerners can and can’t do to help.

L: Kakuma in northwest Kenya (map from UNHCR). R: Google Earth map of Kakuma camp; the "reception areas" are Sectors 12 and 13 (map from Malaria Journal)

L: Kakuma in northwest Kenya (map from UNHCR). R: Google Earth map of Kakuma camp; the “reception areas” are Sectors 12 and 13 (map from Malaria Journal)

1) What is Kakuma camp?

Kakuma (its name supposedly derives from a Swahili word for “nowhere”) is an enormous refugee camp in the remote northwest of Kenya. It’s hellish. An online zine on refugee life published within the camp says stoically, “The area has always been full of problems: dust storms, high temperatures, poisonous spiders, snakes, and scorpions, outbreaks of malaria, cholera, and other hardships. The average daytime temperature is 40 degrees Celsius, or 104 degrees Fahrenheit.” The region is semi-desert — earlier this year, “huge sandstorms … swept through the settlement, which was believed to be the root cause of fire outbreak of which more than ten incidents were reported.” But it can become a swamp: “The camp is near a dry river bed that is prone to flash flooding after heavy rains,” making it a malarial breeding ground.

The site was picked for its remoteness: Kenya wanted to shunt refugees as far from Nairobi as possible. Some 125,000 lived there at the beginning of this year, according to UNHCR. Now it also hosts almost 40,000 South Sudanese who have fled their disintegrating country and reach the dusty mud flat at the rate of nearly 500 a week; by June, the swollen population neared 170,000.

Flooding in the reception area of Kakuma camp, March 2014: Photo by Mats Wallerstedt/Lutheran World Foundation

Flooding in the reception area of Kakuma camp, March 2014: Photo by Mats Wallerstedt/Lutheran World Foundation

Kenya held some 540,000 refugees as of December 2013; with the torrent of South Sudanese, the figure is now closer to 600,000. Almost half a million come from Somalia. Its camps are gorged to overflow; Dadaab, a concentrationary complex in eastern Kenya, is, with over 400,000 inmates, the largest refugee camp in the world.

Till a few months ago, the camps weren’t the only option. Refugees who could support themselves, or who needed special medical care or other attention, could settle in Kenya’s cities. In March, though, Kenya’s government abruptly ordered all refugees to the camps — and began raiding homes and rounding them up. Authorities suspected Somalis in urban areas of aiding Al-Shabaab, the feared terrorist group, in retaliation for Kenya’s military incursions in Somalia. (In this sense, the refugees were victims of indirect blowback against US imperialism in Africa; Obama has prodded US allies into a proxy war against Somali Islamists.) A few refugees, including some LGBT Ugandans, hang on in Nairobi, evading constant police crackdowns in search of illegals. But most are now locked behind camp walls.

The  camps are bad news for women, LGBT people, and others vulnerable to violence. Hugely overcrowded (all the more so since the dual influx of onetime urban residents and South Sudanese), they offer little privacy; security forces patrol the fences, but are inadequate to control what’s inside. An extensive study of sexual and gender-based violence against refugees in Kenya found 530 cases in Kakuma in 2011 (469 against women, 61 against men). While the researchers interviewed LGBT refugees in urban areas, they apparently couldn’t find similar communities in camp environments. Thus nobody has tabulated incidents of homophobic violence so far, but the absence of evidence is mainly evidence of people in hiding. Those who are gender-nonconforming or suspected of being LGBT are targets for punishment. The study did conclude that many available care options for survivors of sexual violence in the camps were easy potential targets themselves, and “were not able to handle serious security issues.”

In the dry season: Tents in the reception area at Kakuma. Photo by James Macharia/Lutheran World Federation

In the dry season: Tents in the reception area at Kakuma. Photo by James Macharia/Lutheran World Federation

2) What does it mean to be a refugee in Kenya?

Both for Western readers and for Ugandans who read this, it may be helpful to explain how the refugee process works.

A refugee is different from an asylum-seeker. To oversimplify, an asylum-seeker goes directly from danger to a safe country, and appeals to its government to stay there. A refugee usually flees to a country that isn’t safe, or will not accept her, because it’s the only accessible place to go; then she appeals to be resettled in another country. Until she is moved from the “second country” to the safer “third country,” she’s trapped in limbo.

Much of the distinction between “second” and “third” countries has to do with wealth. Built into the system is the assumption that poorer countries cannot be burdened with permanently absorbing large refugee populations — it’s an obligation the rich developed world should shoulder. The poorer countries agree to be waiting rooms. Unfortunately, because rich countries admit vastly fewer refugees than our violent world produces, the waiting rooms turn slowly into makeshift homes.

You get refugee status, mostly, through the UN. It’s all about waiting. A Ugandan fleeing to Nairobi would go the UNHCR office to register as a refugee applicant. She would be given a date for a face-to-face interview, the main basis for deciding whether her claim is valid. So she waits for the interview. After the interview, she waits for the UNHCR’s decision — Refugee Status Determination (RSD).  If the answer’s yes, she is eligible for resettlement, but she has to wait while UNHCR shops her file around from embassy to embassy, looking for a country that’s willing to take her. Times vary from one UNHCR office to another, but each stage of the process can take months, even years.

Cartoon on RSD from Kakuma refugee camp, at kanere.org. Woman: "I am so disappointed with UNHCR. Their logo shows protection sign but since I came in camp the year 2004 I still have not gotten mandate [papers]." Man: "I can't return to my home country because there is still war going on. If it's to die I will die here."

Cartoon on RSD from Kakuma refugee camp, at kanere.org. Woman: “I am so disappointed with UNHCR. Their logo shows protection sign but since I came in camp the year 2004 I still have not gotten mandate [papers].” Man: “I can’t return to my home country because there is still war going on. If it’s to die I will die here.”

Egypt, where I am now, has massive numbers of refugees (from Sudan, South Sudan, elsewhere in Africa, and Syria). With so many people to process, it has one of the slowest UNHCR offices anywhere. I know of Syrian migrants newly arrived in Cairo whom the UN assigned an interview date three years away. Some Sudanese have been in Egypt waiting for resettlement since the last century.

Kenya is not that slow. In 2010, though, the wait between arrival and RSD averaged over two years; it’s probably longer now. That doesn’t include the wait to get resettled after you get a positive RSD. After the claimant is recognized as a refugee, she gets official papers that are supposed to give her legal status in Kenya and protect her against being deported. (There’s still bureaucratic confusion about whether these papers should come from UNHCR or the Kenyan government, however.) She’s also eligible for limited material support from UNHCR. Migrants who haven’t been given refugee status yet are largely unprotected, get very little financial assistance, and mostly depend on the charity of NGOs working in the country.

UNHCR is a sluggish bureaucracy which I’m loth to defend, but it has a serious responsibility to protect migrants and refugees. In recent years, it’s become more sensitive to the needs of LGBT migrants, and has dedicated staff in Geneva to address the issue. But its powers are limited. It can’t override the laws and sovereignty of the host country. Kenya’s decision to “warehouse” refugees, confining them to camps, violates human rights law — freedom of movement is protected in Article 26 of the Refugee Convention and other international treaties —  but UNHCR can’t change it. Mainly, they can complain to the host country’s authorities, and I wish they’d complain more loudly; but it’s up to those authorities whether they pay attention. In Turkey, I found that the government regularly put LGBT Iranians (along with other Iranian refugees) in small towns in the conservative eastern part of the country, where they were harassed constantly. Some of them begged us to advocate for camps, because at least they would be isolated from the local Turkish public. UNHCR was sympathetic, but powerless to change the Turkish government’s policy.

Drawing showing policemen beating a refugee in Kakuma camp: From Kanere.org

Drawing showing policemen beating a refugee in Kakuma camp: From kanere.org

From Victor’s account, though, there are some serious problems with how UNHCR dealt with this situation in Kakuma. Calling the Kenyan police to evict refugees staging a peaceful sit-in is dangerous and excessive. You may not be able to change how Kenya’s authorities treat LGBT people, but you don’t need to give them opportunities for abuse, either. (UNHCR should have learned its lesson. In 2005, Sudanese migrants staged a sit-in outside the UNHCR’s Cairo office to protest slow resettlement and the constant violence they confronted. UNHCR eventually summoned the police to break up the demonstration — and they killed at least 27 protesters.)

Aside from not calling in the cops, there are at least two things UNHCR needs to do to protect LGBT refugees in Kakuma.

a) While UNHCR’s powers are limited, they still formally administer the camp. Security is difficult, but with a small, cohesive (and conspicuous) LGBT population, solutions should be available: more available (unfortunately) than for the much larger population of women vulnerable to sexual assault. Segregating LGBT claimants in a protected area may be one answer, though since I don’t know the topography or specific conditions of the camp I can’t say this for certain.

b) In 2009-2010, we persuaded UNHCR to offer accelerated resettlement for LGBT Iraqis stranded in Lebanon and Syria, because the “second country” environment was also homophobic and unsafe. This meant prioritizing RSD decisions for those applicants. It only worked, however, because some “safe” countries were also willing to speed up their own approval procedures and accept them — mainly Norway, Sweden, and the US. The LGBT Ugandans in Kenya are a small enough population that UNHCR could attempt this. But it will require commitments from other states too.

Kakuma as Guantanamo: Cartoon of a UNHCR interview, from kanere.org

Kakuma as Guantanamo: Cartoon of a UNHCR interview, by Elias Lemma, from kanere.org

3) What can you do? Start with this: Don’t give to amateur Kickstarter fundraising efforts for African refugees. So far, these are just part of the problem.

I know of at least three crowdfunding projects on the Internet to raise money for LGBT Ugandans to leave their country. All radiate good intentions and a sincere desire to help. Best-known by far is the “Rescue Fund to Help LGBT People Escape Africa” started by Melanie Nathan, a San Francisco blogger; it got her named a Grand Marshal of the city’s Pride parade last weekend, giving the effort further publicity. Several people in the Kakuma camp, and some in Nairobi, seem to have got there through Nathan’s assistance. Melanie dislikes me (I have an e-mail folder full of long messages expressing this fact), so any criticism I make will undoubtedly stand accused of partiality. I’m not the only critic, though. South African activist Melanie Judge wrote:

Dislocated from Africa-based struggles for social justice these feel-good interventions offer no long-term solution to the systemic issues that drive homophobia. At best they are palliative and patronising, at worst they reinforce the victimhood of Africans and the saviour status of westerners.

There’s a lot of saviorism in these projects; the biggest donors to Nathan’s fund were offered a token “Ultimate Savior” title (though she later changed this to “Total Escape”). A political critique of the initiatives would note how they depict all “LGBT Africans” as desperate not for change but for visas, and that they idealize the US and Europe as Edens of acceptance. I’m more interested in the simple fact that when she launched this project, Nathan seems to have known nothing about the refugee process, and did nothing to prepare her beneficiaries for it.

Masked men: Screenshot from Nathan's first Indiegogo appeal

Masked men: Screenshot from Nathan’s first Indiegogo appeal

The breakdown of expenses in Nathan’s first Indiegogo appeal from March says:

100% of the funds raised will be used for fees for passports, visas, transport out of the countries, and safe shelter and food, pending, in some instances, escape:
$100 pays for passport
$200 pays for a visa
$350 provides food and shelter for a month in Africa pending escape
$800 – $1,600 buys an air ticket 

kakuma sign

Road to nowhere

Nathan seems to have thought that Nairobi would be a quick waystation for LGBT Ugandans in a refugee process that would be short, sweet, and easy: a month “pending escape,” then a ticket out of there. (In fact, UNHCR pays air tickets for refugees it resettles.)  I can’t imagine where she got this idea. Internet research could have told her that the waiting time for RSD alone in Kenya was at least two years. From what I understand — and I’m still reaching out to Ugandans now in Kenya — some people got to Nairobi and found the funds were in no way sufficient for the long wait ahead. With the money cut off, they were stranded. I have reports, not verified, that some resorted to sex work, and were arrested. Some are still hanging on in Nairobi; others were sent to Kakuma.

Two weeks ago, Nathan did an about-face and announced on her blog that Ugandans in Kenya were not spending “a month in Africa pending escape,” but were trapped in Kakuma camp for the long run. She still didn’t realize that driving refugees into camps was now Kenyan government policy –and that she should have told people about this if they sought her aid after March. Instead she wrote, “Some have been forced into the camps, due to their particular circumstances and inability to survive outside the camps.” Nathan added, with obvious surprise: “It seems that the resettlement process can take up to 2 years.” She should have known this, and warned applicants, from the start.

Nathan’s well-meaning fund is drawing people to places like Nairobi, then leaving them in the lurch. There are three deep problems with all these projects:

a) You can’t undertake something like this if you don’t know something about refugee law and the refugee process. Nathan is not even taking counsel from experienced organizations who have done this work. Without that, you can’t give informed advice, evaluate situations and people’s prospects, or make informed decisions about who to support and how. Failing to explain to migrants what they will face in a place like Kenya is unethical and irresponsible.

b) The project is ad-hoc and almost guaranteed to fail to meet migrants’ long-term needs. Nathan promises support without having resources on hand; then goes out and tries to raise money for a first tranche of immediate needs; then, when new needs arise and the money’s exhausted, is left trying to play catch-up with a new funding appeal. For instance, a first round of support goes to get person X from Kampala to Nairobi; but then X is left helpless in Nairobi once the funds run out, and has to wait for a new Kickstarter to kick in. Such skin-of-the-teeth strategies only compound the desperate uncertainties that destroy refugees’ lives. Anyone experienced in refugee work  will tell you that you don’t make promises to refugees unless you know you can follow through; unless you can give them a clear idea of what the future holds depending on their choices; and unless you have ways to assess needs and urgency objectively. These projects have none of that.

c) Nathan et. al. do all this from a distance. You can’t work with refugees without a physical presence in the place where they’re going. The Internet is no substitute for on-the-ground wisdom.

I dwell on these projects, so magnanimous and good, because they reflect an unsettling (literally) side of international activism today: call it the Konyfication of everything. Like the Kony 2012 campaign, humanitarian entrepreneurs drum up viral urgency with emotional appeals, discount cooperation or coalition or local agency or specialized skill, and insist that because something needs to be done, anyone can do it. The world of refugees, by contrast, is intricate and dangerous as the minefields some must cross to reach imperfect haven. You can’t work if you don’t know what you’re doing. The notion that Tom Sawyeresque idealists can step in, rescue, rinse, repeat may satisfy populist American fantasies about knacks and know-how. But it’s wrong.

"Come on boy, it's now time for your rescue." Cartoon (against "warehousing refugees" from Osire refugee camp, from kanare.org.

“Come on boy, it’s now time for your rescue.” Cartoon (against “warehousing” refugees)  from Osire refugee camp in Namibia, from kanare.org.

The harshness of Uganda’s homophobic crackdowns has driven hundreds of people into exile. The numbers are not as overwhelming as the rhetoric of “underground railroads” would suggest. 58 refugees in a camp of 170,000 are the signs of a crisis but not a flood. The US publication The Advocate interviewed activists in Nairobi who counted 102 Ugandan LGBTI refugees there; that number’s certainly an underestimation (among other things, many Ugandans are likely in hiding, or have not registered with UNHCR to avoid the camps) but it still doesn’t unveil a whole population in flight. The fact that relatively few have fled Uganda despite the draconian law (and the promises of money from Western saviors) confirms what I’ve always said: exile is such a devastating experience for most people, such a loss of meaning and value and belonging, that few would undertake it except in the last extremity of need. These refugees deserve to be treated with dignity, not the abuse they face at Kakuma. Their numbers, limited so far, mean that if UNHCR and refugee organizations take their needs seriously, solutions should not be impossible to find.

If you want to help, here are some suggestions:

a) Support established refugee assistance organizations with records of working both in East Africa and on LGBTI issues. The American Jewish World Service and HIAS have both, and you can start by reaching out to them to make sure they understand the urgency of what’s happening in Kakuma, and to find out what they can do.

b) Press the UNHCR to come up with effective answers for LGBTI refugee protection in Kenya, including accelerated resettlement. You can do this by talking to your own government about how they can strengthen UNHCR’s work. Or you can contact UNHCR directly here.

c) If you come from North America or Europe, pressure your government to offer accelerated acceptance for LGBT refugees in East Africa — as well as for other vulnerable groups, such as women who face sexual violence.

 

"Even if you stop me to speak and write, I will still speak and write": Cartoon from Kakuma refugee camp, by Falay Atibu, at kanere.org

“Even if you stop me to speak and write, I will still speak and write”: Cartoon from Kakuma refugee camp, by Falay Atibu, at kanere.org

Vultures over Iran: The Human Rights Campaign follows the money

vulture-9Why is the Human Rights Campaign hanging out with the friends of homophobe Gary Bauer?

Some background: HRC, the richest US gay group, has gone international. More and more of the news on its website features hard-to-pronounce foreign places: Brunei, Abuja, Alabama … And now “Iran,” syllabified by most Americans as “Satan.” Yesterday, HRC published an account of a Congressional event with which it seemingly had little to do. Two small House subcommittees held a hearing on “One Year Under Rouhani: Iran’s Abysmal Human Rights Record,” and one-quarter of the testimony dealt with LGBT rights. What’s interesting is the fine print.

The hearing itself (snippets here) was undramatic. The International Gay and Lesbian Human RIghts Commission (IGLHRC) sent its Middle East program officer to testify. Generally, when human rights organizations speak at congressional hearings, it’s because they want to advance a policy goal. In this case, though, it’s hard to define what policy goal for LGBT people’s rights in Iran could involve the US Congress, given that the US has neither sway nor leverage in Tehran. “The United States and other Western countries are in a unique position to make a difference in the future of Iran and in the surrounding region,” IGLHRC said — but they are not. (See note at end.) At least, any difference they’ve made so far has been almost uniformly for the worse. (See Iraq.) If ever there was a situation where the US government should acknowledge the primacy of internal social movements beyond its leadership or control, it’s the issue of sexual rights and state repression in Iran.

No, what’s interesting is how a writeup on this –“Congress Explores Iran’s Persecution of LGBT Community” — got onto HRC’s site, because it wasn’t written by anybody at HRC. It was “submitted” by Toby Dershowitz, vice-president of the Foundation for Defense of Democracies (FDD). HRC has a new partner organization, and thereby hangs a tale.

FDD: FIghting for wars that we will not fight in

FDD: FIghting for wars that we will not fight in

I always quote Glenn Greenwald on FDD: “basically a Who’s Who of every unhinged neocon extremist in the country.” More politely, they are a DC-based neoconservative lobbying group with special interest in the Middle East: “founded,” in their own words, “shortly after 9/11 by a group of visionary philanthropists and policymakers who understood the threat facing America, Israel and the West.” (We’ll get to the identity of those donors later.) From the beginning it drew on the High Hawkish tradition of the Reagan ascendancy, with figures like Jeane Kirkpatrick and Robert McFarlane conspicuous in its ranks; the Cold War being over, though, enemies of Israel displaced the Soviet threat in its demonology. The clearest idea of what they’re up to comes from listing some of the research interests of their fellows:

Iran, Iran – Energy, Iran – Human Rights
Iran – Energy, Pakistan, Syria, Iran – Human Rights
Iraq, Iran, Lebanon
Iran, Iran – Energy
Iran – Energy, Israel, Europe, Iran – Human Rights
United Nations, Arab Spring, Iran – Energy, Iran – Human Rights
Iran – Energy, Europe

It’s like a Symbolist poem. The main function of the Foundation these days is to drum up support for a US assault on Iran. To do this, it courts various constituencies in the American public, from energy conglomerates to women’s groups. Gays are one of them, increasingly endowed with clout; FDD adopts the language of human rights, plants op-eds. colonizes the gay press, and otherwise strives to shock and appall the homintern about the wiles of Sauron in Tehran.

Let me research your family: Gary Bauer

Let me research your family: Gary Bauer

This is not without complications. I first noticed FDD when one of its fellows, Ben Weinthal, published a bizarre piece in New York’s Gay City News three years ago, accusing Iran of an ongoing “anti-gay genocide.” When I paid a visit to FDD’s web page, I found that on their staff and board sat such luminaries as Frank Gaffney (a vicious and paranoid Islamophobe), Andrew McCarthy (perhaps the US’s most vocal advocate of torture) — and Gary Bauer. I remarked that it was strange for a gay newspaper to get into bed with right-wingers boasting such connections. The chipmunk-cheeked Bauer is one of the main strongmen of Christian fundamentalism. He served for eleven years as caudillo of the Family Research Council, named in 2010 as a hate group by the Southern Poverty Law Center for its “false claims about the LGBT community based on discredited research and junk science.” “I don’t believe a healthy society can endorse, subsidize, or encourage” such a “destructive lifestyle,” Bauer said about the sodomites in 1998. (Bauer’s own lifestyle, padded by a web of consultancies and sinecures, is well-subsidized enough to ensure his health.) But he is also a Christian Zionist, militantly intolerant of any criticism of Israel, flush with evangelical faith in the Likud; so there was Bauer’s name, right on the list of FDD’s advisory board, a warning that its love for the homos had limits.

I flatter myself that the FDD learned from my research. Since then the organization, which like most neocon groups was never exactly crystalline about its connections, has become even less transparent. It erased the list of board members from its website. Instead, a short paragraph says,

FDD’s distinguished advisors include Sen. Joe Lieberman, former National Security Advisor Robert “Bud” McFarlane, former FBI Director Louis J. Freeh, former State Department Under Secretary Paula Dobriansky, Gen. P.X. Kelley (ret.), Francis “Bing” West, Wall Street Journal columnist Bret Stephens, syndicated columnist Charles Krauthammer, Weekly Standard Editor William Kristol … [Emphasis added]

This neatly obscures the question of who else is “included,” or whether Bauer still belongs to the family. Still, problems persist. Another “Distinguished Advisor” omitted from the list is KT McFarland; she flaunts her FDD title on her own website, though, and on others. McFarland, now a “national security analyst” for Fox News, ran for the Republican Senate nomination in New York in 2006. Midway through, scandal surfaced when New York magazine revealed how she had shunned and insulted her gay brother, who died of HIV/AIDS ten years before. She

couldn’t abide his sexual orientation. Shortly after she discovered Mike had AIDS, she wrote her parents lengthy, angry, almost Gothic letters in which she outed her brother, blamed her father for his troubles as well as those of her and her other siblings, and cut off contact with her parents. “Have you ever wondered why I have never had anything to do with Mike and have never let my daughters see him although we live only fifteen minutes away from each other?” she wrote. “He has been a lifelong homosexual, most of his relationships brief, fleeting one-night stands.”

This was too much even for the GOP; she lost the nomination, and the privilege of getting steamrollered by Hillary Clinton. No wonder she’s quietly disincluded from the FDD page; she’d crimp the outreach.

KT McFarland does Fox: He ain't heavy, and he is not my brother

KT McFarland does Fox: He ain’t heavy, and he is emphatically not my brother

One advisor FDD proudly names is Bill Kristol — he’s too big, and full of himself, to omit. Kristol edits the Weekly Standard, a conservative rag sweeping in its influence. (Dick Cheney, in the days when he ran the country, would send for 30 copies each Monday morning.) His work there has drawn the praise of no less than Austin Ruse, fanatical campaigner against LGBT rights, women’s rights, and reproductive freedom. “Do a site search at The Weekly Standard on social issues,” Ruse writes,

and you find – alone  among conservative magazines? – a publication that  has never wavered on them. …A great deal of credit for the Weekly Standard not abandoning the social issues can be given to one man, William Kristol. …

Where does this come from? Perhaps it’s the influence of friends. For years, the Kristol family took a summerhouse with Gary Bauer and his family. … For this, we all owe Bill Kristol a mountainous debt of gratitude and our regular prayers. He could have caved. But he never has. Bill Kristol is square and getting squarer.

Kristol does Fox, and answers the big questions

Kristol does Fox, and answers the big questions

Kristol has called those who deviate from “traditional marriage” “pathetic.” He’s perhaps best known as the divine voice who drew the Pucelle of Wasilla — the armor-clad Joan of Alaska, Sarah Palin– into the national fray. Long before he blessed the mama grizzly and anointed her Veep-to-Be, though, Kristol was staking out his orthodox, orthogonian positions on morality. In 1997, he gave the closing speech at a Washington conference meant to expose homosexuality as ”the disease that it is.” Afterward, he helped assemble a collection of essays on “Homosexuality and American Public LIfe,” actually about keeping homosexuality out of American public life: a book for “activists who want to keep the ‘hetero’ in ‘sexuality,'” as one right-wing reviewer said.

It goes without saying: any organization counting Bauer, Kristol, and McFarland among its patrons has no genuine interest in the rights of LGBT folk, in Iran or elsewhere. On moral matters, they are more likely to empathize with Ayatollah Khameini than to abhor him. (Mozilla got slammed with a boycott for way less than FDD has done.) FDD’s attempts to seduce American LGBT communities are opportunism, and riddled with the contradictions of the right-wing ideologies they promote. That doesn’t stop them, though, from trying to bury the paradoxes and insinuate themselves into the good graces of LGBT organizations; and HRC is a very powerful one.

What does HRC get, though, for associating itself with Gary Bauer and company?

Money.

One of the two big donors who offered HRC $3 million to start its international program last year is billionaire hedge-fund owner and vulture capitalist Paul Singer. Singer, a major funder of the GOP and other right-wing agglomerations, is also the second-biggest donor to the Foundation for Defense of Democracies. He gave it $3.6 million between 2008 and 2011 alone.

The details of my life are quite inconsequential ... Paul Singer

The details of my life are quite inconsequential … Paul Singer

Singer isn’t just a “visionary philanthropist,” as FDD calls him; he’s an investor; his generosity expects returns. When HRC announced it was getting Singer’s largesse, one naturally wondered what Singer would demand back. The answer’s clearer now. He wants HRC’s cooperation with his other pet causes, including his lobbyists for the Likud. As The Nation observes, “Singer is a huge supporter of groups advocating for hawkish policies against Iran, including promoting the use of military force against Tehran.” He presses HRC to lend space to the war brigade.

The quote Singer approved in the HRC press release about his donation said:

LGBT individuals face arrest, imprisonment, torture and even execution just for being who they are … Some of the worst offenders in this area also happen to be the same regimes that have dedicated themselves to harming the United States and its democratic allies across the globe.

It’s evident which offenders he wants his philanthropic objects to focus on: not Egypt or Saudi Arabia, US clients, but anti-American miscreants like Russia or Iran. This conflation of LGBT people’s rights with a particular set of geopolitical exactions radiates through the little piece he asked HRC to publish. It uses the LGBT issue solely to bash a possible nuclear agreement, reproducing the legislators’ most belligerent rhetoric — Republican Ed Royce, for instance:

Let’s imagine that Iran and the [US] come to an agreement next month are we comfortable leaving this regime with much of the critical nuclear infrastructure in place. [sic] How can this regime which holds the noose in one hand be trusted with the keys to a nuclear bomb in the other?

It quotes Ileana Ros-Lehtinen (a conservative Republican whose interest in LGBT rights draws urgency from the many White Party gays in her Miami district), speaking “with an obvious sense of exasperation”:

Rouhani knows that all he needs to do is smile, and tweet, and promise the US and the West that he will cooperate on the nuclear issue … it’s way past our time for our administration to stand up to these thugs and to stand up for the people who cannot stand up for themselves. If we won’t do it, who will?

All this armchair-heroic stuff — voices for the voiceless, saviors with drones — is war talk in its essence, and HRC is endorsing it. FDD suppresses any mention of IGLHRC’s one concrete, pacific ask, that the US fund technological fixes to help Iranians circumvent Internet censorship. (See the note below.) The Foundation doesn’t want LGBT Iranians to surf the Web freely. It wants LGBT Iranians to die, with their compatriots, under a rain of bombs.

The moral compromises involved in an association with Paul Singer are intricate, and, for HRC, likely to be incessant. When you deal with the devil, don’t expect to be released from the contract. As I wrote last year, Singer’s fortune comes from one of the least ethical activities in the world of international capitalism. His vulture fund, Elliot Management, buys up distressed countries’ debt at bargain prices when they’re verging on default; he then goes to court in other countries, to force the states he’s scamming to repay the face value of the debt in full. The profits are astronomical, and some of the world’ most impoverished populations (Congo-Brazzaville, for instance) have been among his victims.

I'll take my ball and go home: Singer, by the Financial Times

I’ll take my ball and go home: Singer, by the Financial Times

Last week, a few days before the Iran hearing, the US Supreme Court ruled on Singer’s case against Argentina. 13 years ago, he began buying some $2.5 billion of Argentina’s then-cheap government debt; he held out fiercely for his full return, defying two negotiated debt restructurings in 2005 and 2010, when most other creditors accepted around 30% of face value. The Supremes handed Singer a victory, allowing him to start ransacking Argentina’s assets in search of money to repay him. They also opened the door for other vulture extortionists to move on the country, meaning Argentina could be compelled to pay $15 billion to opportunistic creditors — or could be manhandled into default. An economy that slowly rebuilt itself after the chaos of a 2001 collapse faces a new cycle of catastrophe.

“The decision makes no economic sense,” a prominent economist said. But Daniel Loeb, a fellow hedge-fund billionaire and the other megadonor to HRC’s international work, praised his colleague: “Whether it is gay marriage or Argentina or affecting the political landscape, Paul is intense and tenacious in seeing things through. He is intensely focused and result-oriented yet extremely principled.” It’s a study in how donors ostensibly supporting human rights define “principle.”

Argentina has a comprehensive battery of legislation protecting LGBT people, and the single most progressive law on gender identity recognition anywhere in the world. In the confrontation between a supportive Southern country and foreign capitalists who want to demolish its democratic governance, do you think HRC would put out a press release in Argentina’s cause? Do you need to ask?

(Struggling to win over US opinion in the Argentine debt battle, Singer didn’t hesitate to launch a campaign accusing his Buenos Aires enemies of ties to the definitive American bête noire — Iran.)

Meanwhile, Singer’s inflows of money continue to find new use. in May, he donated $1 million to American Crossroads, a super-PAC for Republican candidates run by conservative conspirator Karl Rove. What will HRC say? Can one expect “the nation’s premier gay and lesbian civil rights group” to find new and unpredicted virtues in Turd Blossom‘s career? Yes.

Argentinian poster: "Paul Singer, the Most Wanted Vulture"

Argentinian poster: “Paul Singer, the Most Wanted Vulture”

NOTE: At the Congressional hearing, IGLHRC specifically praised the Obama administration’s promise to provide technologies Iranians could use to circumvent Internet censorship — in particular, building independent communications networks for linking to the Internet. As Gandhi said of Western civilization: It would be a nice idea.

Many observers note that the US program has gotten nowhere in the last three years, and so far seems to envision only clunky, conspicuous and incriminating hardware — suitcases of stuff bristling with antennae, smuggled in over the mountains. I’ve voiced reservations about this project in the past; and even the New York Times has warned: 

Developers caution that independent networks come with downsides: repressive governments could use surveillance to pinpoint and arrest activists who use the technology or simply catch them bringing hardware across the border.

To which you might add, in our post-Snowden era, that if the US erects the network, it can monitor everything that’s said on it. Move over, Ayatollah, the earphones are mine!

Moreover, as Omid Memarian has written, the blaring publicity the administration has given the program suggests it’s mainly for American consumption: “Many Iranians I spoke to about this news were shocked that the plan has been revealed; bringing such plans to the attention of the Tehran authorities may put people in danger.” He concludes:

The United States’ current plan to change the Iranian Web landscape is simply not realistic. In fact, the current plan makes me suspect that the U.S. isn’t taking Iran as seriously as it ought to.

Open-source, low-profile software tools such as Psiphon, originally developed at the University of Toronto, so far appear more useful to Iranians seeking to evade the censors’ grip.

ISIS in Iraq: Real atrocities and easy fantasies

FIghters under the ISIS flag parade in Tel Abyad, Syria, near the Turkish border, Jan. 2, 2014.: photo by Reuters/Yaser Al-Khodor Read more: http://www.al-monitor.com/pulse/originals/2014/01/al-qaeda-terror-spread-iraq-lebanon.html##ixzz34oYO5Rg3

Fighters under the ISIS flag parade in Tel Abyad, Syria, near the Turkish border, Jan. 2, 2014: photo by Reuters/Yaser Al-Khodor

ISIS – the Islamic State of Iraq and the Levant — says it likes simple things. When I was in Iraq in 2009, a gay man told me how Al Qaeda in Mesopotamia, the militia from which it grew, had murdered his partner five years before in Baghdad’s al-Dora quarter.

It was at a time when there was a general cleansing of people they thought were immoral. Barbers who pluck out hairs with a string could be targeted because that was haram. They murdered ice-sellers because there was no ice in the time of the Prophet.

My boyfriend was hanging out on a street corner with a bunch of friends, and they saw a group of bearded men pull up in a car. They asked for him by name. He tried to run but they surrounded and cornered him. They tried to get information from him, asking for names of gay friends. People came up and saw there was a disturbance—so they just shot him and drove away.

There were no guns in the time of the Prophet, or getaway cars either. The fierce essentialism of the militiamen’s standards cannot alter all aspects of the present, or roll back the complexities of the world. Perhaps they don’t try too comprehensively in the end; they’re content with the paradoxes, slaughtering ice-sellers while paying car dealers. Consistency only impedes the freedom to kill. It’s the clash of values itself that empowers them. Their angry absolute beliefs are like a bar of heated iron, plunged into history as into a pail of water. Steam billows up and clouds the air, and in that blinding, enabling confusion the killers can work.

A lot of people in Iraq want to kill, and therefore multiple parties tend to find confusion congenial. A Twitter account “associated with” ISIS over the weekend posted pictures “apparently showing their fighters killing many Shia soldiers..”

201461624556763734_20The account, which was closed down before its exact provenance could be determined, claimed the victims were captured Shi’ites from the Iraq army. “Hundreds have been liquidated,” it said; a figure of 1700 was cited. According to the New York Times,

The photographs showed what appeared to be seven massacre sites, although several of them may have been different views of the same sites. In any one of the pictures, no more than about 60 victims could be seen and sometimes as few as 20 at each of the sites, although it was not clear if the photographs showed the entire graves. The militants’ captions seemed tailor-made to ignite anger and fear among Shiites. …

The Iraqi army itself appears unsure how to respond, initially casting doubt on the reports, then “confirm[ing] the photos’ authenticity” but dropping a zero from the number claimed dead. It’s more a question of strategy than of truth: if you say the murders happened, you might discourage your troops from surrendering (which they’ve been doing en masse) but encourage them to desert (ditto). So an atrocity story virtually admitted by the killers, one you’d think would be a propaganda present to a tottering regime, remains underexploited. Even death goes to waste.

But if the Iraq regime survives on confusion, it’s nothing like the confusion that comes from outside. Western policy on Iraq has been all about killing or letting-be-killed, and therefore promotes a comprehensive, cloudy unclarity in which killing can just occur, agency reassignable, responsibility ambiguous, story in the passive voice. Stuff happens. Decades of dishonesty and blowing smoke; that was the point of the yellowcake, the weapons of mass destruction, the “untidiness,” the whitewashing of the crimes of people like Maliki.

Bush looks under the White House furniture for missing WMDs: from an official Presidential humor video, 2004. No word on where those 100,000 Iraq bodies were buried, either.

Bush looks under the White House furniture for missing WMDs: from an official Presidential humor video, 2004. No word on where those 100,000 Iraqi bodies were buried, either.

It wasn’t just an opportunistic sacrifice of truth; truth was the target, as much as Saddam Hussein. The years of war appear in retrospect as a gigantic experiment to create a model country where nothing could be known and anything said, no certainties had but speculation. The oleaginous Tony Blair reappeared yesterday, a wholly indigenous cross between Mr. Chadband and Dr. Phibes. He denies everything. Nothing that happened happened, and it wasn’t his fault:

We have to liberate ourselves from the notion that ‘we’ have caused this. We haven’t. We can argue as to whether our policies at points have helped or not: and whether action or inaction is the best policy. But the fundamental cause of the crisis lies within the region not outside it.

You can omit the fact that by urging us to “liberate ourselves,” Blair seems to be calling for an auto-invasion. No: Western leaders never propped up Saddam Hussein in the years when his mass murders were at their height, never switched sides afterward and invaded, never left him to slaughter his opponents in the invasion’s wake, never starved the whole Iraqi people into delirium in hopes they would overthrow him, though those victims never installed him in the first place; they never invaded yet again, never unleashed a civil war. Those are non-facts, “a bizarre reading of the cauldron that is the Middle East today” (the mixed metaphor – who “reads” a “cauldron”? – itself suggests Blair’s fixed unwillingness to describe reality, or perhaps a will to replace reality with interpreting the magic brew, like the witches in Macbeth). “We have to put aside the differences of the past and act now to save the future”: thus Blair.

It’s in this context of the right wing’s constantly metastasizing lies that a small thing caught my attention this weekend. Tarek Fatah tweeted it, then Ben Weinthal.

tarek fatah bs TWOBoth these guys have impeccable neoconservative credentials. Fatah, a Canadian journalist for the right-wing Toronto Sun, is one of those quondam Muslims that Islamophobes love. He blames Islam for everything: “The worldwide cancer of terrorism by some Muslims is inspired by the teachings of Islam. To deny this fact is intellectual dishonesty.” He regularly emits the required warnings about takeover by creeping shari’a:

fatah sharia copy–and cheerfully imitates the foreign policy stylings of the rabid Dinesh d’Souza:

Fatah obama copyWeinthal is also a self-styled journalist, principally working through the Foundation for Defense of Democracies, a think-tank Glenn Greenwald called “a Who’s Who of every unhinged neocon extremist in the country.” One job of the Foundation’s paid fellows is to drum up support in various constituencies for a war against Iran, and Weinthal somehow acquired the gay portfolio. Pursuing this, back in 2011 he published a vociferous piece in Gay City News accusing Iran of “anti-gay genocide.” I responded that the usual definition of accomplished genocide requires that people be dead, and there was no documentation of executions for consensual homosexual conduct in Iran since at least 2000. Weinthal has never forgiven me for this. As bête noire and “Iran apologist” I still haunt his Twitter feed, his occasional dispatches for the Jerusalem Post, and no doubt the recesses of his dreams.

“Don’t miss the niqabi!” Sure. The photo seemed off to me. It wasn’t hard to find out where it came from: certainly it shouldn’t have been complicated for two experienced pseudojournalists like these. The picture itself, as you can see, has a watermark, which says “Al Ghad”: the name of a newspaper in Jordan (Tomorrow).

BqB2G4mCMAAh9meThe photo isn’t from Iraq at all. Here‘s the original article from Al Ghad (with plenty of other pictures too). It’s from a mock anti-terrorism exercise conducted at the big SOFEX (Special Operations Forces Exhibition and Conference) confab held from May 5-8 this year in Amman, Jordan. That’s a chance for all sorts of doubtful mercenary, paramilitary, and private-security gurus and arms salesmen to hawk their wares to jittery governments. A rescue of “hostages” was staged by “counterterrorist” forces after a costumed “jihadist” group kidnapped them, and this is one image. The show stirred up a controversy in Jordan, implying as it did that “terrorism” was a conservative Muslim speciality. The Islamic Action Front, Jordan’s main religious political party, condemned the exercise, as did Salafists and many Facebookers — for spreading exactly the stereotypes that Fatah and Weinthal also deal in.

The sequel: "Counterterrorist special forces" capture "jihadists" at the SOFEX show in Amman

The sequel: “Counterterrorist special forces” capture “jihadists” at the SOFEX show in Amman

That’s not the point, though. The point is that doing a reverse Google search before circulating an image is good (journalistic) practice — especially in a tendentious situation, with people being killed. Interesting, too, is how the photo got redubbed. Tarek Fatah obtained it from the Twitter account of Raja Arsalan Shah, a Lahore-based journalist:

image recapitulated copyShah in turn got it from a Twitter account called “Proud Syrian”:

proud syrian copy 2All we know about “Proud Syrian,” who tweets pretty exclusively in English, is this:

proud syrian id copy“Proud Syrian” obviously found the photo somewhere and seized the chance to enlist it against ISIS. At least he, or she, included a disclaimer (attributing the ISIS link to social media); in its later peregrinations, Weinthal and Fatah shucked off any such caution. Strange that Weinthal, who campaigns aggressively for US intervention to overthrow Assad, is recirculating deceitful propaganda from an anonymous pro-Assad account.

When I pointed to the original source of the picture, Ben Weinthal became enraged: not at “Proud Syrian,” or himself, but at me. In fact, his answer, retweeted by Tarek Fatah, was downright churlish.

Shut up, Ben explained

Shut up, Ben explained

Is that even an answer? Perhaps it’s to be expected that people who give unquestioning credit to pro-Assad propagandists should also place faith in the nasty personal vendettas of the litigious Peter Tatchell. They’re equally reliable. Undisgraced, undiscredited, and undismissed, I still have to admire Ben’s talent for alliteration if not for accuracy. I feel I ought to imitate it somehow. Yet it’s hardly fruitful to waste belletristic tricks on such unrepentant people, disinclined to honesty and incapable of honor: dyspeptic, disingenuous and destructive propagandists for prejudice.

Neither Weinthal nor Fatah ever clarified the truth about the picture. This makes it harder and harder to call them journalists.

So the picture spread (as you can see, it got 700+ retweets from Fatah’s account alone), and it’s still cropping up here and there on Twitter. It’s picked up by Australian xenophobes:

tare12k 3 copyBy fans of the Dutch racist politician Geert Wilders (as well as, in this case, of head Indian Islamophobe Narendra Modi):

"Not sure about Islam? Or was Mr. Wilders right after all?"

“Not sure about Islam? Or was Mr. Wilders right after all?”

And by anti-feminists anxious to prove that Western feminism has got things wrong, or that Elliot Rodger was in some weird way right:

tarek 4 copy 2ISIS is a violent organization with a long trail of victims. It takes little trouble to find documented atrocities it has committed; so you have to wonder why so many people leapt on this picture, this fake back story. Weinthal’s and Fatah’s propaganda needs are clear. Even now, though, it’s conspicuous that while both cling to this tale, neither’s Twitter feed contains anything about ISIS’s own claims to have executed hundreds of soldiers. The probable atrocity has been driven out by the fake one.

I have two explanations. One’s in the picture itself; the jeans-clad women, with blond or dyed hair … I haven’t been to Mosul, but I’ve been elsewhere in northern Iraq, and I recall very few women who looked like that. The whole point of the Jordan exercise from which the picture came was to make the fake hostages look like us, a different us, not like ordinary Jordanians or Arabs: like Western or Westernized victims, just the people Special Forces are meant to rescue. Shi’ite soldiers shot by jihadists rouse a mixed response in the American or the neoconservative breast: on the one hand, we oppose any generic Muslim terrorists automatically, a non-sectarian instinct to battle and bomb; on the other hand, shooting Shi’ites is, from a geopolitical perspective, perhaps a Good Thing. It’s not just the anonymity of the violence in the ISIS pictures that inhibits identification. It’s a complicated if not necessarily informed political response. But with the fake photo, there’s no confusion of loyalties. These are our kind of slaves.

White slavery: Jaroslav Čermák, Abduction of a Herzegovenian Woman, 1861

White slavery: Jaroslav Čermák, Abduction of a Herzegovenian Woman, 1861

And that sympathy can’t be separated from their gender. There’s partly the tradition of women as the territory on which clashes of civilization are fought: a history stretching from colonial conquests down to Bush’s war in Afghanistan. There’s the titillating promise of actually watching women taken as “slaves”: part of a growing body of political pornography that sexualizes Muslim men as masters in a seven-veils version of Deep Throat, or Debbie Does Damascus. (Think the fantasy of “sexual jihad,” the myth that Islamists lure or force women into servicing fighters in Syria or Iraq — an Orientalist wet-dream sold by the sensationalist media in the United States, but one that’s been plagiarized in Egypt and elsewhere.) And there’s the excitement of watching women turn against women, which to guys threatened by feminism and all that women’s solidarity stuff is both ideologically satisfying and erotically thrilling. “Dont miss the niqabi with gun guarding the captives!” tweeted Fatah. It’s like lesbian mud-wrestling, but with automatic weapons.

Political pornography — and that’s what this is — reduces our thinking, our ability to respond, in many subtle and unsubtle ways. But one is this: it acclimates us to accepting that only visible abuses are real. The only violations that count are what our eyes can consume; our hungry seeing is the sole criterion for believing.

ISIS knows this too. When they took over Nineveh, also in northern Iraq, they released a document with sixteen rules for residents. These imposed hudud punishments (amputation for stealing), and banned alcohol and drugs. They also told women that “stability is at home and they should not go outside unless necessary. They should be covered, in full Islamic dress.” (This is a paraphrase, by the Washington Post.) 

Certainly, this reflects their version of religious precepts; but in a larger sense it’s a sweeping and familiar mandate on women to remain indoors and invisible, in a realm where abuse and agency will be equally unseen. No melodrama here, just the usual relegation to the usual rooms. Weinthal, Fatah, and the rest of the voyeurs on Twitter, obsessed with images of women herded off as “slaves,” won’t notice this violation, exactly because it places women beyond and beneath notice. Violence inflicts the worst wounds when it takes the form of denying visibility. To consign people to pure privacy is the severest privation. As long as our emotions and our politics are driven by pictures, in an orgy of exposure, trying to make sense of the thousand-word Babel they echo or imply, this will be the unattended message: the word we won’t hear.

 

Too brown to be heard: The Brunei brouhaha

LGBT rights in Brunei now have a face:

Brunei, or Brüno?

Well, sort of. When you see the Sultan-slamming headline that arcs over that pic in Queerty, “Why I Can’t Go Home Again: Young Activist Takes Stand Against Savage Antigay Policy, you naturally think it’s about a gay Bruneian driven into exile by the tyranny of shari’a law. Here’s a story of expulsion across continents, brutal police, fearful flight, uncertain welcome. Right? Well, sort of. The “young activist” is not exactly Asian. He’s the blond grandson of James Mason (Judy Garland’s husband in A Star is Born), and the son of Belinda Carlisle (the Go-Gos), and “home” isn’t Bandar Seri Begawan, it’s the Beverly Hills Hotel. The auberge has always been his refuge: his grandmother “said that when deciding where to live in L.A. that she couldn’t be more than five minutes away from the Beverly Hills Hotel. Being close to it gave her a sense of comfort and safety.” But no more. Now this gay scion of the West Coast’s ersatz Windsors knows he’ll be stoned to death if he sets foot in the bar … Well, sort of. Actually, he’s not in personal danger. Despite how very nice the minions are (“Whenever I go in, the staff members are always there to give me a hug, to give me a sense of belonging,” which is the least you can expect with rooms running $645 a night) it’s more the symbolism of the thing. The Sultan of Brunei owns the hotel (well, sort of: through his Finance Ministry’s investments) and you can read in the papers that he has a plan for “the stoning and murder of gay people,” and why should your own widow’s mite (suites start at $1280) go to swell the coffers of a man already worth $24 billion? So the young activist has been forced to seek asylum at less prestigious watering holes in LA, like those pathetic boat people drowning off Australia. … Well, sort of. “Alas that is the reality we are facing,” he writes: though given the distance between his problems and those of the Sultan’s subjects, the “we” seems more royal than real.

"An exile, saddest of all prisoners / Who has the whole world for a dungeon strong..." Byron, The Prophecy of Dante

“An exile, saddest of all prisoners / Who has the whole world for a dungeon strong…” Byron, The Prophecy of Dante

It’s not fair to pick on the author, James Duke Mason. He’s obviously a nice and idealistic guy, and everybody should follow him on Instagram (“the Beverly Hills Hotel is my favorite place on the planet. Even those who don’t know me can see that from my posts on social media”) to find out what replacement hostel has taken the exile in.

The question nagging me isn’t about him, or “the reality we are facing” — it’s that “we.” Who is that “we”? Where the hell did that “we” come from?

I’ve said my bit on the recent burst of outrage over Brunei here, at PolicyMic. Briefly, I wrote that despite the exclusivist furor in the US and UK over the “antigay” impact of the measure, shari’a is much more likely to affect the rights of women. And I said that Western activists’ reluctance to acknowledge the multiple dimensions of the issue, much less the pioneering work of women’s rights activists across southeast Asia, was a disgrace.

I got some nods, some hate mail, and more than the usual amount of incomprehension. I had an argument on Twitter (an oxymoron, anyway), with an eminently earnest man who responded to me at complete crosspurposes. Why, I kept asking, wouldn’t you check with women’s groups or sexual rights activists across the region, who have experience with context and culture, in planning a boycott? “There are no LGBT groups in Brunei,” he kept answering, as if this meant there was no one to talk to about the issue anywhere except Los Angeles or London: no relevant expertise outside his postal code. Meanwhile, the tempest kept growing. Britain’s chief LGBT lobby group, Stonewall, declined to endorse a boycott of the Brunei-owned chain of hotels. Its acting head, Ruth Hunt, wrote in the Telegraph: 

We only implement actions that we can calculate will have an impact. … I do, however, fear that the boycott could do very real harm to the lesbian, gay, bisexual and trans people of Brunei. By turning the issue into a battle between gay people and the Sultan – which it isn’t, it affects everyone in Brunei, not just gay people – we limit the opportunity for dialogue and put the lesbian, gay, bisexual and trans people of Brunei at far greater risk. A group of people, I hasten to add, who’ve yet to publically call for a boycott.

To anyone who’s actually done international solidarity work, this is a perfectly plausible thing to say. To many who hadn’t, it was Thoughtcrime. For instance, Peter Tatchell, who has a longstanding grudge against Stonewall, seized the chance to Tweet:

tatchell boss copy (Tatchell would of course never refer to himself as the “boss” of the coincidentally named Peter Tatchell Foundation, which is seemingly baptized after a completely different Peter Tatchell, not the Tweeter, who is a lowly janitor there.) Naturally, everybody else piled on, with varying degrees of violence:

Stonewall boss 3 The whole storm was a convincing display of peer pressure as a substitute for argument: straight out of Mean Girls

The question here isn’t the wisdom of this boycott or others, on which I’m agnostic. (It’s quite reasonable, in fact, to say both that a gay-rights group shouldn’t patronize Brunei-owned hotels, and that a loud, Western-centric boycott is a bad idea.) The question is: what kind of “activist movement” do we have when you can dismiss as mere “BS” all talk of “activists on the ground” in the countries where you’re allegedly defending human rights?

A bad one. And this is why I think James Duke Mason’s plea on Queerty for asylum is a revelation. Queerty, which if you haven’t heard of it is a Big Glay Bog in the United States, serves as a kind of beekeeper for the gay hive mind. And here’s what Queerty has to show. The Brunei campaign isn’t really about Brunei at all. That “we” isn’t some inclusive articulation of solidarity. The campaign’s about us, and the “we” is me. It would be presumptuous of real Bruneians to introduce their situations into the discussion; their role is to suffer and be silent. The voices belong to the people exiled from the Beverly Hills Hotel, crossing the swimming pool in flimsy rafts by night, traversing the border with only their Louis Vuitton luggage on their backs. The stir is more about our moral purity than about anybody else accomplishing change. This is less activism than narcissism, and the fact that most participants couldn’t find Brunei on a map only reaffirms that the ego has its own geography, as grossly exaggerated as a Mercator projection.

2ef3b2f0-3b1e-44f3-a7b1-860022caf330Here are some facts. Brunei’s government announced its intent to introduce a shari’a-based criminal code back in October 2013. In other words, the Western gay activists who just discovered Brunei and its “savage antigay policy” are at least six months too late. While the Westerners were doing other things, though, a coalition of regional and international women’s, human rights, and LGBT groups issued an analysis and condemnation of the Brunei code within days of its proclamation. They included eighteen organizations in neighboring Indonesia, as well as the influential Islamic feminist group Sisters in Islam from (also neighboring) Malaysia, and the international network Women Living Under Muslim Laws. They called on Brunei not only to cancel the proposed laws but to fulfill other outstanding human rights obligations, such as reporting to the United Nations on its women’s rights record, and signing the UN Convention against Torture. You can find their appeal here. The action was coordinated with an ongoing international campaign to end the punishment of stoning, which has drawn support across the global South. Malaysia’s Islamic Renaissance Front separately condemned the laws. All the Western white people loudly clamoring about Brunei now — Cleve Jones, Peter Tatchell, James Duke Mason, Jay Leno, Ellen DeGeneres, Stephen Fry, and somebody named Lisa Vanderpump who’s famous for something (I’m out of touch) — ignored these actions back then. They’re still ignoring them now. They haven’t acknowledged them or asked advice, much less taken note of what they called for. Those other activists are too brown to be heard. 

It’s true, there are no open LGBT organizations in Brunei in which Western gays can find their interests mirrored. Whether this is because they’re “terrorised into invisibility” is an open question; if they’re terrorised, it’s at least as likely to be due to the colonial-era, British sodomy law already on Brunei’s books, a law which will remain in force even after the shari’a code supplements it. (The sentence is up to 10 years in prison, and proving guilt is much easier than under shari’a. No Western activist has complained about that law.) But that doesn’t excuse anybody from listening to the other local constituencies that have already spoken on the issue, based on long histories of engagement.

For real international activists, a paucity of allies on the ground means a problem, and a challenge. It means you have to work even harder to figure out the context, to gauge the impact of anything you might do. It means an extra obligation to take the guidance of regional groups who know the situation and have records of relevant work. You’d think that campaigners or angry clicktivists who don’t know anything about Brunei would want to look for help; would want to coordinate with the prior efforts of activists in Indonesia or Malaysia, who fought against fundamentalism before Jay Leno even heard the word. But here’s the rub. These guys don’t see the supposed silence of Bruneians as a problem. They see it as an opportunity. It gives them freedom, in their own minds, to speak for the silenced and say anything they damn well please. It means they don’t have to share the spotlight with anybody at all.

American gay-rights activist Gloria Swanson prepares for a protest at the Beverly Hills Hotel

This does say something about “the reality we are facing.” It spells trouble for LGBT rights internationally.

There was a time, back when — fifteen, ten, even as little as seven years ago — when there really was no constituency in most Western countries that took an interest in LGBT people’s rights abroad. Gay men in Los Angeles or London couldn’t be bothered with what happened in Lagos or Lilongwe. If police arrested hundreds of homosexuals in Cairo, or brutalized the gender-nonconforming in Nepal, you had to fight to get even a brief mention in the Guardian or the New York Times. 

When I worked at IGLHRC or Human RIghts Watch, we’d drown our after-hours sorrows in lamenting this indifference, and the fog of inattention that curtained intolerable abuses. Yet it was enabling in certain ways — and not just in the ways that nostalgia gilds almost anything. We knew who our constituencies were, and they were different from our donors. They were the folks in Lagos or Lilongwe, the social movements that actually carried on the fight for rights, and absent constant pressure from publics at home we were free to let our work be guided, if imperfectly, by their devices and desires. The lack of a domestic audience freed up an ethical space for international solidarity where attention could be paid to the people who mattered.

Now all’s changed. In Europe and North America international LGBT rights are big news. There are big constituencies, too, of activists and tweeters who avidly absorb the stories of foreign abuse, and demand Action! Now! And there are more and more domestic LGBT organizations feeding on those audiences, and turning their eyes to foreign affairs, and pressing their governments for Action! Now! Neither the constituencies nor the organizations, though, know that much about the rest of the world, or human rights, or have patience for long-term efforts, or get the complexities of political action across borders. They just want Action! Now!, and the less they have to worry about subaltern voices muddying up the message, the better. The problem is that a lot of the new constituencies are idiots. I don’t mean they can’t tie their shoes or screwed up their SATs. They’re idiots in the root Greek sense, which is a lament rather than an insult:  ἰδιώτης, a too-private person, a consumer of politics rather than a participant in it. incapable of understanding the lives of others except as versions of himself.

And you should be.

And you should be.

Amnesty International used to work by mobilizing mass constituencies around international human rights issues, building publics that would support struggles in other countries. In the process, though, Amnesty also tried to educate those publics about both human rights and movement politics. That was a slower age. Who has the time to learn about anything multisyllabic in a 140-character world? These days, the idiots educate the experts; their demands drive what everyone else does. If you don’t react fast enough, a Twitter tornado will hit you. Remember #BS, and #StonewallDisgrace! Indeed, because many of the people insisting on Action! Now! are rich celebrities (James Duke Mason, who’s had minor roles in three movies, was named one of the 100 Most Influential LGBT People in The Whole Wide World by Out magazine), even groups like Human Rights Watch and IGLHRC are much too scared ever to step in and say: No, fellas. Bad Idea. 

When you come right down to it, isn't every human rights abuse about marriage? Human RIghts Campaign explains same-sex wedding packages in Brunei

When you come right down to it, isn’t every human rights abuse about marriage? The Human Rights Campaign explains same-sex wedding packages in Brunei

So we’ll have more and more overnight boycotts, and hashtag hurricanes, and flash-mob demos. We’ll have more and more white celebrities monopolizing the megaphones. None of these dust-devil campaigns will last much longer than you can remember yesterday’s TV commercials; then we’ll all move on to the next unpronounceable polity where there are people to be saved. The struggles of Southern activists who have built up movements and worked on dangerous issues for decades will be relegated to silence, along with their demands, their analyses, and their knowledge. This won’t be politics in any known sense, and none of it will do much for anybody’s human rights. Some folks’ awareness will be raised before crumpling down again like a painful Yoga posture, some Facebookers will synchronize their profile pictures for a day, Twitter will make a bundle. But rich people will feel good about themselves, and they’ll save money on their hotel rooms.