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.

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

Uganda, the World Bank, and LGBT rights: Winners and losers

Participants in a march demanding health-care funding to fight maternal mortality, Kampala, Uganda, May 22, 2012

Participants in a march demanding health-care funding to fight maternal mortality, Kampala, Uganda, May 22, 2012

Victory! .. isn’t it? On February 27, the World Bank announced it was “indefinitely” delaying a scheduled $90 million loan to Uganda to improve health care, in response to the passing of the comprehensively repressive “Anti-Homosexuality Bill.” “We have postponed the project for further review to ensure that the development objectives would not be adversely affected by the enactment of this new law,” a Bank spokesman said.

In the circles where I move  — international (that is, North-based) activists working on LGBT rights — rejoicing burgeoned: finally the big funders are getting serious about queer people’s oppression! Politicians joined in. Nancy Pelosi, ex-speaker of the US House, tweeted joyfully:

pelosi wb copy

Jim Yong Kim, President Obama’s appointee to the lead the World Bank (an organization Washington still disproportionately funds and dominates) brought home the message with an op-ed the next day:

Institutionalized discrimination is bad for people and for societies. Widespread discrimination is also bad for economies … Legislation restricting sexual rights, for instance, can hurt a country’s competitiveness by discouraging multinational companies from investing or locating their activities in those nations.

Let’s pause to bask in the exhilarating effect of having a powerful institution intervene for LGBT people, with a leader in global development saying the “s” word — sex, as in “sexual rights.” Yes: it feels good.

Still, this is Africa. And this is the World Bank. For international activists to laud its actions so unreservedly involves a wretched show of amnesia.

We think that debt has to be seen from the standpoint of its origins. Debt’s origins come from colonialism’s origins. Those who lend us money are those who had colonized us before … Debt is a cleverly managed re-conquest of Africa, aiming at subjugating its growth and development through foreign rules. Thus, each one of us becomes the financial slave, which is to say a true slave.

Probably few of my international colleagues will recognize those words– another leftist rant, right? But many Africans know them. It’s Thomas Sankara, then president of Burkina Faso, speaking to the African Union in 1987. Sankara had rejected the mandates of the World Bank and the International Monetary Fund and launched on a development path that promoted economic equality, gender justice, education, and health care as basic rights. Three months after saying that, he was dead: murdered in a coup. France and other creditor nations tacitly endorsed his killing. He’s remembered and mourned across Africa today. His successor brought the country back under World Bank and IMF tutelage; as a result, as a South African analyst remarks, “Today Burkina Faso remains one of the least developed countries in the world.”

 

For twenty-five years, the World Bank has pushed essentially unvarying policies across the developing world: privatization, cutting the public sector, fostering an export-based economy (so that poor countries become suppliers of raw materials to the industrial North, and don’t grow their own industries and markets). It imposed these restrictions as conditions for loans; that debt, in addition to crippling Southern economies, then became a weapon to enforce more conditions. Poverty spread, not development. The Bank has been friendlier to civil society than its IMF sibling; but their ideologies and impacts have been the same. Praising a World Bank intervention for LGBT rights in Africa while forgetting this history is like praising Putin’s tender concern for Crimean Russians, while forgetting the Ukrainians next door.

You can use the power of international lenders for certain instrumental ends. That doesn’t mean you have to love them. We shouldn’t just hail what they do, we should scrutinize it. And please. You cannot condemn (as indeed you should) the neocolonialism of foreign evangelists exporting homophobia to Africa, and ignore the neocolonialism of foreign financial institutions that enforce neoliberal economics on an abject continent. Why is it wrong to import one devastating ideology, and OK to import another? Sorry. You need to be consistent.

So in the spirit of scrutiny, some questions arise about what the World Bank did.

First of all: why postpone this loan? Mainly, the $90 million was earmarked to combat maternal mortality: aimed at “maternal health, newborn care and family … through improving human resources for health, physical health infrastructure, and management, leadership and accountability for health service delivery.” It entailed funding to expand and train medical staff, to “professionalize and strengthen” management, for obstetric equipment and medicines including contraceptives, and for renovating hospitals. These goals are unlikely to be “adversely affected” by the Anti-Homosexuality Bill. The real reason for the selection is that this loan was up for board approval on February 28. The Bank seized on the first loan that came along to postpone. It was a matter of convenience, not strategic targeting.

Progress, but not enough: Uganda maternal mortality rate, 1990-2013

Uganda maternal mortality rate, 1990-2013 (from http://www.countdown2015mnch.org/reports-and-articles/2013-report)

Second point: Maternal mortality is serious in Uganda — and a political issue.

The country’s rate of maternal mortality is extremely high. In the Millenium Development Goals — endorsed by nations at a UN summit back in 2000 — countries committed to reduce the level of maternal mortality by 75% by 2015. For Uganda, this would mean cutting a rate that hovered appallingly around 600 per 100,000 live births in the 1990s, to 150. A 2013 report found the rate had fallen to 310 per 100,000 live births — around a 3.2% reduction every year, the UN said, but still well above the goal. Fewer than half of mothers had adequate antenatal care, and only a third had sufficient postnatal care. Less than 60% had a skilled attendant at delivery. Despite the government’s loud promise of a National Minimum Health Care Package (UNMHCP) for all Ugandans, health services still fail to reach many poor and rural women.

Statistics on maternal health care in Uganda (from http://www.countdown2015mnch.org/reports-and-articles/2013-report)

Statistics on maternal health care in Uganda (from http://www.countdown2015mnch.org/reports-and-articles/2013-report)

By some estimates, between 6,500 and 13,500 women and girls in Uganda die each year due to “pregnancy-related complications.” That means at least sixteen women die every day.

In 2011, a coalition of NGOs petitioned Uganda’s courts to intervene. They argued 

that by not providing essential health services and commodities for pregnant women and their new-borns, Government was violating fundamental human rights guaranteed in the Constitution, including the right to health, the right to life, and the rights of women.

The case has stayed stalled in the legal system. At a September 2013 hearing, the government simply failed to show up, forcing an indefinite postponement. In May 2012, an emotional procession of women and health-care providers marched through Kampala’s streets to support the lawsuit. They got an apology from the judiciary for delays — too few judges, too little time — but the delays continued. They also met with Finance Ministry officials to demand increases in the health sector budget; those didn’t happen. Leonard Okello of the International HIV/AIDS Alliance Uganda told the press, “Dying mothers are not a priority in Uganda.”

Marchers in Kampala, May 22, 2012

Marchers in Kampala, May 22, 2012

Corruption and cronyism are undoubtedly at issue (top government officials waste a small fortune traveling for health care abroad), but the basic question is budgeting. Museveni has successfully battled back the political pressure to reorder his priorities. In 2001, African Union countries signed the Abuja Declaration, committing them to raise health spending to at least 15% of budget. (The development field seems particularly prone to these lofty professions of faith, which multiply like theological credos in the early Church.) Despite all its challenges, including one of the world’s best-known AIDS crises, Uganda has rarely made it much more than halfway to this target. The figures for recent years show a large decrease in the health sector’s budget share — from just over 10% in 2010 to under 8%:

On the right: health care as a percent of overall budget (from "Citizen’s Budget: The Civl Society Alternative Budget Proposals FY 2013/14 - 2017/18), at http://www.csbag.org/docs/Citizens_Budget_FY2013_14.pdf

On the right: health care as a percent of overall budget (from “Citizen’s Budget: The Civil Society Alternative Budget Proposals FY 2013/14 – 2017/18″, at http://www.csbag.org/docs/Citizens_Budget_FY2013_14.pdf)

Who gets the money instead?

Interesting question. Here are the allocations by sector from Uganda’s budgets for the last two fiscal years.

Uganda budget by sector, FY 2013/14 (from "National Budget Framework Paper," Ministry of Finance, at http://www.psfuganda.org/new/images/downloads/Trade/budget%20%20framework%20paper%202013-14.pdf)

Uganda budget by sector (from “The Background to the Budget, Fiscal Year 2013/14,” Ministry of Finance, p. 104, at http://www.budget.go.ug/budget/content/background-budget)

(Note the percentage figures on the right, and ignore the numbers in shillings, which are made irrelevant by inflation.) Health’s share goes down again, to less than half the Abuja Declaration goal. Other losers are education, agriculture, water and the environment. Huge shares of the budget are taken up by “Energy and Mineral Development” and “Works and Transport.” These partly reflect the growing exploitation of Uganda’s oil reserves. They also reflect the priorities neoliberal lenders like the World Bank have always urged on developing countries: go produce raw materials for export to the industrialized North! and go build the infrastructure to get them there! One commentator says the country is “focusing on physical capital at the expense of human capital.” That’s an understatement.

But the other big factor is the security sector.

Security doesn’t look so massive: only 8.2% of the latest budget. That’s only the tip of the AK-47, though. Many defense expenditures remain hidden. Uganda’s Independent newspaper noted that the “the budget for Defence in the BFP [Budget Framework Paper] has always been smaller” than the reality:

[I]n real terms that figure excludes monies accrued to Defence from external sources. The figure also does not include classified expenditure that is usually Defence’s biggest component. Because of national security, the army does not reveal certain expenditures.

The 2013/14 budget featured “about ten new taxes… introduced partly to finance the Ministry of Defence.” These included a value-added tax (VAT) on water and on wheat and flour, regressive imposts designed to squeeze money from the poor. Security is Museveni’s “topmost priority,” the Independent says, and it’s the great enemy of health. In 2012, rebel parliamentarians proposed cutting the military’s largesse by 15 billion shillings (about US$6 million) and boosting health spending by 39 billion (US$15.5 million). Museveni quashed the move in fury. He snarled that he “couldn’t sacrifice the defense budget for anything.”

The President prizes his troops: “a large military war-chest increases Museveni’s regional and international leverage, and helps cow opposition to him at home.” But the US loves the Ugandan military as well. America wants to see plenty of money spent on it.

David Hogg, Commander of US Army Africa, inspects Ugandan troops in April 2011. Photo: U.S. Army. .

David Hogg, Commander of US Army Africa, inspects Ugandan troops in April 2011. Photo: U.S. Army. .

I wrote two years ago about the US’s aims for strategic hegemony in Africa, driven by the promise of buried resources and the threat of China. Uganda, as ally and partner, is key to this design. Obama actually sent US troops to Uganda in 2011, to join its army in chasing the warlord Joseph Kony, loathed by well-meaning white people everywhere. This was a small reward for Museveni’s larger services in bringing a desolate stability to Somalia. In 2012, the Pentagon “poured more than $82 million into counterterrorism assistance for six African countries, with more than half of that going to Uganda.” Money and equipment keep flowing to Museveni’s forces. Obama showers Uganda with “lethal military assistance,” writes the pundit Andrew Mwenda, because “America’s geostrategic interests in our region, and Museveni’s pivotal role in them, demand that the American president pampers his Ugandan counterpart.” 

And here is where we can start to understand some ambiguities in the World Bank’s actions.

The $90 million loan for “Uganda Health Systems Strengthening” that the Bank was on the verge of giving drew on two earlier Bank analyses of Uganda’s health crises. There’s a 2009 paper, Uganda: A Public Expenditure Review 2008, With a Focus on Affordability of Pay Reform and Health Sector. A longer 2010 working paper, Fiscal Space for Health in Uganda, elaborated on this. (Peter Okwero, task team leader for the loan, helped compose both.) They’re fascinating documents that reveal much about Uganda and much more about the Bank. It’s an honest institution in many ways, frank with figures and often good at diagnosing what’s wrong. But its prescriptions seem to come from a different place from its diagnoses — one permeated with politics and ideology. Its medicines rarely match the disease.

The findings are unsurprising. Aside from considerable waste (caused by theft of drugs but also poor procurement and storage practices) the main problems in health care stem from lack of funds. Capital spending in hospitals has shrunk; many hospitals are old and decaying. Medical costs are rising: “Growing resistance to the existing treatment for malaria (and more recently for TB), is forcing Uganda to adopt more expensive treatments.” Meanwhile, “Uganda faces a serious shortage of health personnel in the workforce,” with only 8 doctors per 100,000 population. Staff are underpaid (even drug stealing, a major component of waste, is surely related to salaries, though the reports don’t draw the connection). And many sick people need resources just to use the system: 

65 percent of women reported lack of money to pay for treatment as a constraint to seeking treatment. Other problems included travel distance (55 percent), the necessity of taking public transportation (49 percent), concern over unavailability of medications (46 percent) …

“Preliminary health sector modeling work carried out under this study suggests that Uganda clearly needs to increase public health spending for non-salary cost at clinics and hospitals.”

Student nurses in the caesarean section ward of Rukungiri hospital, 2007: ©  Patricia Hopkins, ABC news (Australia)

Student nurses in the caesarean section ward of Rukungiri
hospital, 2007: © Patricia Hopkins, ABC news (Australia)

Except the conclusion is, weirdly, Uganda can’t. Here’s where the medicine stops fitting the diagnosis. “[Only] limited opportunities for additional public funding seem to exist,” the 2009 report says. The reports adduce this from looking at the national budget, and finding there’s just no flexibility there.

Can Uganda increase the share of its Government budget devoted to health? Reprioritizing health spending at the expense of other sectors seems unlikely. It is not clear which other sector budgets can feasibly be cut in order to increase allocations to health. Government policy has emphasized fiscal consolidation, whilst agriculture, energy, roads and USE [universal secondary education] are each identified as priorities in the coming years. … The best option for generating more health outputs in Uganda would seem to be through improved efficiency of Government spending rather than increasing Government spending. [Emphasis added]

So much for those lawsuits based on human rights! Instead … blah, blah. “Uganda’s health policymakers must identify a combination of efficiency savings and re-prioritization to sustain progress towards health targets … Efficiency gains will be needed and can be found …  The most pressing priority is to utilize the existing funding for health more efficiently.” (Italics added.) The reports show that Uganda needs increased health spending. But they end with “Recommendations to reduce the growing pressure to increase health spending.” They remind you mothers are dying, and then offer Museveni advice: how to tell those irritating women who march about dying mothers to get lost.

And it’s very interesting what budget sectors the World Bank looked at. They examine “agriculture, energy, roads” and education and find there’s nothing there to give to health care (even though Uganda’s most recent budgets managed to cut the first and last items). What the Bank doesn’t mention — not once — are defense and security, the military and police. Shifting money out of those sectors isn’t even under consideration. For the Bank, Museveni’s guns are sacrosanct. It’s the butter that needs trimming.

It’s tempting to say the Bank is showing a delicate sensitivity to Museveni’s feelings here. Why antagonize the old dictator by menacing his pet Praetorians?  But the World Bank has never hesitated to tell governments to cut their favorite projects. Instead, we need to recall the Bank’s political situation. The US is its largest shareholder; the American President appoints its head; the Yankee-led Bank put the Washington in the Washington Consensus, balancing off the European-dominated IMF. The Bank’s approach to Ugandan budgeting reflects the US’s priorities. The US gives its share of support to health care in Uganda, through PEPFAR and other programs; but its main interest is Museveni’s military, and it has no desire to see money for soldiers shifted to obstetricians. The Bank, likewise, is not going to threaten the defense sector. If that’s the choice — and they don’t even dare to suggest it — health care has to fend for itself.

The Washington Consensus: Street art from Argentina

The Washington Consensus: Street art from Argentina

The $90 million loan was meant as a way out of this dilemma, giving the Ugandan health system a bit more breathing room. It’s interesting, then, how the Bank moved so quickly to suspend it. According to BuzzFeed, the Democratic leader of the House herself called the Bank:

“Yesterday, Leader Pelosi [a curiously North Korean locution] spoke with President Kim to express the concerns of Members of Congress about the legislation enacted in Uganda,” Pelosi’s spokesman, Drew Hammill, told BuzzFeed in an email. “While we appreciate the difficult decisions President Kim has to make and their impact on the lives of many in the developing world, many Members believe that such a blatant act of discrimination should not go unnoticed.”

How odd that Pelosi phoned the Bank about its aid package before dialing her own government’s agencies. Yet it makes a certain sense; for Obama was under pressure to do something about Uganda, and some were pointing to that sacred military aid as a tempting target. Just one day earlier, Stars and Stripes — the US Army’s own newspaper – suggested as much.

[D]owngrading cooperation with Uganda’s military would be a way to send a signal to the leadership in the country, said J. Peter Pham, director of the Atlantic Council’s Africa Center. … 

“Military assistance is the one area where the U.S. has options,” Pham said. “[T]he Ugandan People’s Defence Force remains one of the few bastions of professionalism in the country, and its leadership is about the only check on Museveni and his ambitions to impose his son as a successor; hence, a shot across the UPDF’s bow might get some attention from those best positioned to get the president’s attention.”

The paper quickly backtracked: “Some experts, however, say that military ties are unlikely to be cut. Given the role the Ugandan military plays in promoting regional stability, dramatic cuts in aid should be avoided.” Lovely stability! You can see how the World Bank’s loan postponement was a happy distraction. It ended any pressure on the US government to trim its military commitments to Kampala. Uganda was already suffering, and Obama no longer needed to pile on. Pelosi’s call served its purpose.

This is stability: Ugandan soldier in Mogadishu, 2007

This is stability: Ugandan soldier in Mogadishu, 2007

The gesture is more a symbolic than a real one. The World Bank is unlikely actually to cut the loan, with four years of planning behind it. Sheila Gashishiri, the Bank’s spokesperson in Kampala, told the AP on February 28 that “the project run by Uganda’s Health Ministry will continue despite the postponement.” That probably means the funds will come through after a suitable interval.

In fact, Museveni’s regime will benefit. The whole brouhaha gives him wonderful room for rhetorical posturing. “The West can keep their ‘aid’ to Uganda over homos,” the ruling party’s press man Ofwono Opondo said, adding both that “Africa must stand up to Western domination” and that “Western ‘aid’ to Africa is lucrative and profitable trade they cannot cut off completely.” The politicos can have their cake of indignation — and ultimately eat their cake of $90 million credits too. Their rage, their language, pits LGBT people against pregnant women — a terrible side-effect of the Bank’s action. Surely that can only help brutal violence against the former spread.

Moreover, even a brief interruption in the health care loan gives Museveni ammunition. He can stand up to NGOs, Parliament, and even the courts if they demand more funding for the health sector to fight maternal mortality. “What money? The World Bank money? Where is it? There is no cash.” Those marching women can just go away. His security budget is even safer now from niggling jealousies.

And yet all this aid-cutting and health-care gutting is, we’re told, a blow for equality, against discrimination. We talk so much about “equality,” in the Western LGBT movement! The word is our fetish; we raise up those rosy equal signs as if they were the Black Madonna of Częstochowa.  But maybe we need to think more deeply about equality’s meaning.

Here is the logo for the State Department’s Global Equality Fund, which supports LGBT organizing around the world.

GlobalEqualityFund_blog

You have to love that rainbow circle: it’s seductive as the One Ring. So, too, is the call for dialogue. But what if that sphere dialogued with this one – a chart of global inequality, prepared by no less impeccable a capitalist center than a famous Swiss bank:

oct18_global_wealth

It’s a bit more … detailed. As are these circles:

Top: Wealth shares by country, 2000 (from Wikipedia; data from  http://www.wider.unu.edu/research/2006-2007/2006-2007-1/wider-wdhw-launch-5-12-2006/wider-wdhw-press-release-5-12-2006.pdf; Bottom: Wealth shares by region, 2010

Top: Wealth shares by country, 2000 (from Wikipedia; data from http://www.wider.unu.edu/research/2006-2007/2006-2007-1/wider-wdhw-launch-5-12-2006/wider-wdhw-press-release-5-12-2006.pdf; Bottom: Wealth shares by region, 2010

You’ll notice that Africa, with one-sixth of the world’s population, has one percent of its wealth. Uganda is a tiny, tiny sliver within that. I want the rainbow ring, but there’s something missing. How do these visions of equality connect?

The US-based Human Rights Campaign, which gave those iconic equality symbols to the world, also weighed in on the World Bank’s statement, inveighing at recalcitrant countries that

you will pay a high price for discriminatory practices. Whether viewed through a moral or economic lense [sic], discrimination does not pay. … HRC applauds Secretary Kerry and World Bank President Kim for taking a stand on LGBT equality. But the work is far from done.

HRC’s international work, of course, is mainly supported by the profits of vulture funds, exploiters who traffic in Third World debt and immiseration. Equality can mean so many things.

VULTURE 9So who won, and who lost? The World Bank won. They’ve sent the US a message that they are pliable to its political requirements. They’ve sent Uganda a message that there will be Consequences, but the Consequences won’t affect the programs Museveni most loves — the ones with guns. Then, messages mailed, the World Bank can finally produce the loan, which will take it off the hook (except to collect the interest). Uganda’s government is also a winner. They get to stand up theatrically to the blackmail of perversion; in the end, they probably get the cash. They also get an excellent argument against shifting money from the security establishment, or ending the deaths of pregnant women.

To these you can add the US government, which can rest confident that its military aid to Museveni has again evaded question. And you can add Western gay movements — especially those in the United States, allied not-quite-knowingly but easily with the administration’s interests. They’ve flexed their macho muscles and proven that they have some power, power to make the poor pay for what other people have done. I mean, it’s true that LGBT communities in Uganda are still laboring under oppression, and we haven’t done so much about that; but at least we get to oppress someone too. Isn’t that a consolation?

The losers are all in Uganda. They’re folks whose voices, though sometimes ventriloquized, are too faint or peripheral to be heard: mothers, children, LGBT people. Here’s to the victors! Great job.

mother-support

From Uganda: Guidelines for action against the Anti-Homosexuality Bill

 Miriam Makeba, A luta Continua

When Uganda’s “Anti-Homosexuality Bill” first appeared in Parliament in late 2009, human rights groups, women’s movements, LGBT organizations, HIV/AIDS NGOs, and other forces in the country formed a Civil Society Coalition on Human Rights and Constitutional Law (CSCHRCL) to fight it. With help and support from partners across Africa and the world, they kept the bill at bay for over four years.

Now, at last, the bill has passed and Museveni has signed it into law. The Coalition has sent out helpful guidelines, mainly meant for the international community, on how to offer needed, continuing assistance in the fight for LGBTI people’s human rights in Uganda.  With their permission, I’m posting the guidelines here. I’ve added a few links that may help explain some issues — the links are my own, and don’t have the Coalition’s endorsement. Same with the illustrations.

Solidarity to our comrades in Uganda! Viva the Coalition Viva — as they say in South Africa.

cschrcl copyGUIDELINES TO NATIONAL, REGIONAL, AND INTERNATIONAL PARTNERS ON HOW TO OFFER SUPPORT NOW THAT THE ANTI-HOMOSEXUALITY LAW HAS BEEN ASSENTED TO

Introduction

Dear Partners, Friends and Colleagues,

We thank you for all the support you have accorded the Civil Society Coalition on Human Rights and Constitutional Law (CSCHRCL) in its fight against the Anti-Homosexuality Bill (the Bill) over the years. We specifically thank you for the support since the Parliament of Uganda passed the Bill on 20th December 2013.

Unfortunately, despite the intensive work that has been done since 2009 to stop the passage of this draconian bill into law, President Yoweri Museveni Kaguta of the Republic of Uganda on Monday February 2014 signed the Bill into Law. We now have to work with the reality of the Anti- Homosexuality Act (2014).

These guidelines are intended to all our partners on how to support the CSCHRCL in this new context:

1. Speaking out: It is very critical that we continue to speak out against the law and its implications in terms of security of the LGBTI community, their allies, and the general implications of the Act on the work around public health and human rights in general.

Important to Note: In all communication about the impact of the law, please refer to the shrinking and deteriorating policy space that civil society is experiencing; not only about this human rights issue, but about “mainstream” human rights as well: Uganda’s track record is bad, and is getting worse, and these issues are related. In this regard please also be aware of the Anti-Pornography Act and the Public Order Management Act when discussing the situation of civil society activists in Uganda.

Women in Kampala protest against dress code and anti-pornography legislation, February 26: AFP

Women in Kampala protest against dress code and anti-pornography legislation, February 26: AFP

2. World Wide demonstrations. We call upon all partners, friends and allies to organize demonstrations in different cities around the world now as this Act is set to have detrimental effects for all of us. We all MUST continue to speak out. These could include demonstrations at the Ugandan embassy in our country, or asking your place of worship to organize a vigil.

3. Call on Multinational companies that have businesses in Uganda to go public about their concerns on the Act and their future economic engagements in Uganda. For example Heineiken, KLM, British Airways, Turkish Airlines, Barclays Bank, and other companies with important interests in Uganda and that already respect and value LGBT rights in their own internal policies, should note the risk that these laws pose for the safety of their own employees, as well as the impact on their brand image of continuing to do business in Uganda.

4. Issue statements condemning the passage of the Bill into Law. We need the Government to know that they shall not get away with their actions. These statements should reflect the other human rights violations in the country, not just about LGBTI rights. Please always alert us to any such statements, whichever language they are written in, such that we may either post them on our website (ugandans4rights.org) or a link to your website.

_69144001_169588345

Ugandan policeman beats a journalist, Kampala, May 28, 2013

5. The question of cutting Donor AID has arisen. Our position on this is very clear. We do not support General Aid Cuts to Uganda. We do not want the people of Uganda to suffer because of the unfortunate Political choices of our government. However, we support Strategic Aid Cuts to specific sectors, such as the Dutch Government’s decision to withdraw funding from the Justice Sector. We encourage urgent review of Aid to organizations and government institutions that have failed to demonstrate respect for Human Rights and those that have been actively supporting this bill. We DO NOT support cuts in support to NGO’s and other civil society institutions that offer life saving health services or other important social services to the People of Uganda.

6. Partners should expand investment in funding for service delivery and advocacy in defiance of the law, targeting LGBT populations, to attempt to mitigate the harmful impact this law will have on access to services, and on human rights.

SMUG banner at the World Social Forum, Nairobi, Kenya, 2007

SMUG banner at the World Social Forum, Nairobi, Kenya, 2007

7. We encourage you to lobby your Government’s Immigration Services to adjust their asylum policy with regard to LGBTI persons from Uganda, Nigeria, Russia, Cameroun and other countries in which levels of state-sponsored homophobia are rapidly rising.

8. We further request that you send us information on which organizations can be helpful in assisting the individuals who are at risk if the situation gets worse and they have to get out of the country and seek asylum or relocation elsewhere.

9. We request you to prepare for Urgent Actions given that LGBTI people or people doing work around LGBTI rights are increasingly liable to being arrested. Urgent actions could include sending messages to the Uganda Government to protest such arrests, use of social media such as Twitter, Facebook, WhatsApp, to raise awareness that arrests have happened, contacting your own embassies in Uganda to voice your concerns.

10. Call for your governments to issue travel advisories on Uganda, and remind them that they have a duty to protect and therefore should take responsibility for alerting their own LGBTI citizens to the risks of traveling to Uganda.

11. Contact travel companies to urge them to also routinely issue such travel advisories to their customers (on the same principle that tobacco products must have a health warning visibly displayed, so flights and package holidays should have warnings of the risks of traveling to Uganda!)

12. Get more foreign leaders in foreign governments to say something about the Act as they have not come out strongly as it was expected.

13. Get celebrities to say something against the Act. We need more voices that Ugandans recognize and revere socially to speak out against this Law.

14. Get more international Aid groups especially those responding to HIV/AIDS work to say something for example: USAID, Pepfar, CDC, Global Fund and others.

15. Use your influence and work or networks to encourage and Pressure more African leaders to speak out against the rising levels of homophobia through state sanctioned Anti Gay laws.

Joaquim Chissano, former president of Mozambique, who urged African leaders to end discrimination based on sexual orientation and gender identity in a 2014 open letter: http://www.theafricareport.com/Soapbox/an-open-letter-to-africas-leaders-joaquim-chissano-former-president-of-mozambique.html

Joaquim Chissano, former president of Mozambique, who urged African leaders to end discrimination based on sexual orientation and gender identity in a 2014 open letter: http://www.theafricareport.com/Soapbox/an-open-letter-to-africas-leaders-joaquim-chissano-former-president-of-mozambique.html

16. Engage with any non-LGBTI partner organizations in Uganda that you may collaborate with or whom you fund to issue statements condemning the passage of the AHB and its implications to the work of Non Governmental Organizations (NGOs). Remind them that this Bill is going to further shrink NGO spaces and is bound to affect the work they are doing.

17. Draw international public attention to issues such as corruption, human trafficking, nodding disease in northern Uganda, land-grabbing, as well as the suppression of media freedom and civil society space, the Public Order Management Act so that attention shifts to where it properly belongs; in the best interests of the country’s population as a whole. We need to step up public criticism to other negative trends in Uganda and remind the world that this Act is being used as a tool to divert attention from other pertinent issues that Ugandans are facing.

18. Get religious leaders of all faiths (Catholic, Anglican, Muslim, Protestant, Seventh Day Adventists, Quakers, etc.) to issue statements encouraging tolerance and respect for human rights for all Ugandans and Africans.

19. Call for your governments to ‘recall’ ambassadors back to their respective Capitals for at least one week for strategic consultations on how to move forward when dealing with Uganda and Nigeria in regards to the two draconian laws. This will give the Ugandan government food for thought.

20. Contribute physical, financial, or technical support to the Coalition and the LGBTI community as well as the exposed Human Rights Defenders working on LGBTI rights who are likely to begin to be arrested and charged or otherwise persecuted. Financial and technical support for challenging the Act in the Constitutional Court and the East African Court of Justice.

For More information Contact:
Jeffrey Ogwaro : jogwaro@gmail.com /ahbcoalition.coordinator@gmail.com Tel: 256 782176069
Clare Byarugaba: clarebyaru@gmail.com /ahbcoalition.coordinator@gmail.com Tel: 256 774068663
Kasha Jacqueline: jnkasha@gmail.com Tel: 256 772463161
Frank Mugisha : frankmugisha@gmail.com Tel: 256 772616062
Pepe Julian Onziema: onziema@gmail.com Te: 25 772370674

Ugandan billboard against corruption

Ugandan billboard against corruption

More guns, no butter in Africa: US strategy, dictatorships, and buying off the human rights groups

I love a man in uniform: Museveni (R) ogles Maj. Gen. David Hogg of US Army Africa Command (AFRICOM), at Kampala military summit, May 2012

I hope African human rights activists, including LGBTI activists, will read this document. It’s the White House’s new “strategy paper” for sub-Saharan Africa, released in June. There is the usual airy talk about democratization and feeding people, unballasted by details or dollars. (There is substantial attention to trade, which reaffirms my sense of the shape of aid conditionalities to come: the main quid-pro-quo for US assistance to Africa will be not decreased rights abuses, but increased trading opportunities for US firms.) But the core of the paper mentions no ballots and promises no butter. It’s about guns. “Security” is its watchword. Reuters noted, in its neutral fashion, that the paper lacks “a single signature project which could cement Obama’s Africa legacy”:

Instead, attention has focused on AFRICOM, the unified U.S. Africa Command that the Pentagon established in 2007. It is playing an increasingly important role as the United States pumps resources into training African militaries. …

J. Peter Pham, director of the Africa program at the Atlantic Council, said Washington’s emphasis on security, coupled with the lack of new economic initiatives, had shifted the balance in U.S. ties with Africa.

“It is militarization by default,” Pham said. “Part of the reason is the U.S. interest in fighting al Qaeda, and part of it is because of the weakness of our African partners which are unable to contain these threats themselves.”

A slight image problem: AFRICOM

One consultancy group of “Africa experts” speculates that “the timing of the paper is in response to the recent controversy generated by news stories reporting of the US’ ‘shadow war’ in sub-Saharan Africa.” Yup. Shortly before the strategy paper’s launch, the Washington Post revealed that the US has set up networks of secret bases across the continent, to use surveillance technology and Special Forces incursions against alleged terrorists and other undesirables. Special training for African militaries is part of the package. So, too, are murders:

The lightly equipped commando units train foreign security forces and perform aid missions, but they also include teams dedicated to tracking and killing terrorism suspects.

O, left hand! O, right hand! Here, poor Third Worldies, have some food before I shoot you.

Why should LGBTI activists care? Well, Hillary Clinton is, with quite genuine élan, promoting the liberties of LGBTI folk on the continent. The right hand is on your side. But US military policy is propping up exactly the regimes — in Uganda, the DRC, Ethiopia, and elsewhere — that relish your oppression. The left hand doesn’t give a damn about you. For how can there possibly be any benign result to all this: secret US aid to train secret African military forces in secret strategies of murder and oppression? What can this conceivably achieve but to prop up dictatorships, and threaten even democratic governments with armed coups and dictatorial control?

Right hand, ignore that pesky left hand: US Gen. Carter Ham of AFRICOM describes actions against Joseph Kony

Just for one example:The BBC World Service just carried a fascinating report on the militarization of Ugandan politics, as the country becomes more and more a security adjunct to US ambitions in the region.  See, or rather hear, here. (You have to sign up to listen.)

A reader has also pointed out Phil Clark’s op-ed from this spring, fingering the dreadful Kony 2012 campaign as part of a broader project to build up Museveni’s repressive military by any excuses necessary. It capitalizes on wide support “for two of the international community’s preferred means of ending mass conflict — military intervention and international justice.” And the enthusiasm has come not just from trigger-happy Western governments but from naive human rights organizations. They deliberately overlook

the fact that, in pursuing rebel leaders in central Africa, the United States and the I.C.C. have cooperated with the Ugandan and Congolese governments, which themselves are responsible for murder, forced displacement, rape and torture of civilians over the last 15 years. …

When President Obama sent 100 American military advisers to support the Ugandan government’s campaign against the Lord’s Resistance Army last October, it was the latest move in a long-standing military relationship. Since the 1990s, Washington has viewed Ugandan President Yoweri Museveni’s government as a key regional ally against the Sudanese government during Khartoum’s wars in South Sudan and Darfur, the “terrorist” threat of the L.R.A., and most recently Al Shabab in Somalia. Washington’s political, military and economic aid to Uganda has propped up Museveni’s regime and strengthened the role of the armed forces in everyday politics. One reason that widespread protests in Uganda in early 2011 did not transform into another Tahrir Square was that the Ugandan armed forces — nourished for years on Museveni’s corrupt patronage, funded mainly by the United States — remained fiercely loyal to the president, including when asked to fire on innocent civilians.

All the President’s men: See http://musevenikaguta2.blogspot.com/

It’s not just Obama. As Clark emphasizes, the International Criminal Court, beloved of those who think human rights aren’t real unless they have police and prosecutors attached like sinister Siamese siblings, has been equally complicit in whitewashing Museveni. The Court, he writes,

has relied on Museveni and the Congolese president, Joseph Kabila, for the referral of their conflicts to the court, the security of its investigators, and assistance in identifying and transporting witnesses and gathering evidence. In January 2004, the I.C.C. prosecutor appeared side-by-side with Museveni in London to announce the opening of international court investigations in Uganda. Two weeks ago, Ocampo announced that he would soon visit Kinshasa to meet President Kabila and “thank him for his support” during the Lubanga investigations. From the outset, the close working relationship between the I.C.C. and the Ugandan and Congolese governments has allowed the latter to focus the court’s attention on atrocities committed by rebel leaders while insulating themselves from prosecution.

Museveni and Kabila have proven masterful at making themselves indispensable to international actors. Unquestioning international cooperation with the Ugandan and Congolese governments has allowed them to appear as agents of peace, security and justice while continuing to commit abuses against their citizens. That the United States and the I.C.C. voiced no concern while Museveni and Kabila cracked down on the political opposition during last year’s elections has emboldened them. The claim by the I.C.C. and its supporters that the court deters criminal behavior and therefore contributes to lasting peace rings hollow when state crimes are committed under its watchful eye.

Promoting his armed approached to governance and freedoms as a model for other regional leaders, Museveni this year hosted a conference of military brass from across the continent. Talk about resisting aid conditionality!  When it comes to pernicious plots against sovereignty, it seems, the homosexuals are a minor annoyance next to perverted foreign pacifists. He blasted belt-tightening demands from donors that might shrink military spending:

“Africa armies must be ideologically independent from foreign exploitation and manipulation. Some external forces told us not to spend 1.9 per cent of our budget and we had to reduce the size the army,” Mr Museveni said.

Spheres of affluence: US military commands

A final point. I mentioned AFRICOM, the US military’s Africa command, above. At present, this relatively novel US unit is based in Germany, from where it played a leading role in the Libya intervention. That success (from the American standpoint) gave it a great deal of street cred, or rather sky cred, with DC policymakers. The Bush administration set up AFRICOM in large part as a military counterweight to growing Chinese involvement, and investment, in Africa. From this perspective, the secretive “counterterrorism” campaigns it dallies with conceal, like the proverbial Chinese boxes, yet another secret: they mask a larger geopolitical ambition. They’re more about Beijing’s honchos than Bin Laden’s heirs: AFRICOM aims to keep China away from that vast wealth of African raw materials that we’ve already succeeding in keeping Africans away from. (One fascinating thing about Africa is that all its riches, without exceptions, make the bulk of Africans poorer. This is a cultural phenomenon worth Mitt Romney’s study, though it has more to do with Western culture than its African counterpart.)

For more on AFRICOM and what it’s up to in Africa, see here, here, here, and here. 

Several of Museveni’s supporters in the US Congress — including the head of the House’s subcommittee on terrorism, Republican Ed Royce — are exploiting the Kony 2012 mania to push for laws expanding AFRICOM’s role in Africa. Some want to move the command’s headquarters from Europe to the continent itself. All this would vastly increase the support it can provide to Museveni and fellow dictators.

Africans and their allies have mobilized against AFRICOM’s present and predicted roles in repression. You can visit the Resist AFRICOM site here:

With the establishment of AFRICOM, the Pentagon attempts to increase access to Africa’s oil and to wage a new front in the Global War on Terror without regard for the needs or desires of African people. Enabled by oil companies and private military contractors, AFRICOM serves as the latest frontier in military expansionism, violating the human rights and civil liberties of Africans who have voiced a strong “no” to U.S. military presence. We reject this militarization of foreign engagement. Instead, our vision is a comprehensive U.S. foreign policy grounded in true partnership with the African Union, African governments, and civil society on peace, justice, security, and development.

Uganda Pride 2012: Hillary, Kony, drones, and the police

African gay man pride Uganda

Uganda Pride 2012 participant. All Pride images courtesy of David Robinson

On Saturday, August 4, Ugandan activists tried — and, on the whole, succeeded in — staging the country’s first ever LGBTI Pride. There was, however, the nasty interruption of a police raid. This came just one day after the US State Department gave a coalition of Ugandan queer campaigners its annual Human Rights Defender award, calling them a “model for others and an inspiration for the world.”  On that same day, visiting Kampala, Hillary Clinton met with Yoweri Museveni and, by the Department’s account, raised the issue of LGBT rights yet again. We’ll get back to Clinton in a moment.

Frank Mugisha at Pride: Nobody’s perfect

Pride took place in Entebbe, by the shores of Lake Victoria, and hence was called a Beach Pride Parade. (I cannot speak too highly of an event which induced my friend and colleague Frank Mugisha of Sexual Minorities Uganda to dress up in the manner of Some Like it Hot‘s Osgood Fielding III.) Maurice Tomlinson, a Jamaican attorney leading the legal battle against the sodomy law there, visited to serve as grand marshal; he writes:

The Pride March had a truly carnival atmosphere … Everything was done very tastefully as the organizers were aware that it was a public beach and many young children were around.  Many parents even brought their kids over to hear the music and listen to the few speeches and share in the jubilant atmosphere.  The Pride organizers even shared food and drinks freely with the onlookers.

However, according to a statement from Freedom and Roam Uganda (FARUG):

Police stormed the venue where people had gathered after the march and ordered the party to stop and that no one should leave the area. Police is believed to have been tipped off by either a small group of Christians who were for baptism a few yards away or by the local[s] of the area who had gathered to witness the pride march. Police alleged that there was a gay marriage taking place and that two gay men were seen kissing. They then declared that the gathering was unlawful and wanted to arrest the whole group.

The “gay wedding” has now become the stimulus of choice for moral panic and police repression around the world. The propensity of the general public and the gendarmerie to fantasize nuptials with no provocation is one of the more fascinating aspects of our present moment in modernity, and one of the least remarked side effects of Goodridge v. Massachusetts.

Kasha Jacqueline and Frank Mugisha at Pride: Marry this

Among those arrested were Tomlinson;  Kasha Jacqueline Nabagesera, director of FARUG and the coordinator of Pride Uganda; Jay Abang, FARUG’s programs manager; and several others. Tomlinson writes:

I was detained for assisting a 60 year old woman climb into the back of the police van after police officers refused to help her! … After a very confusing and utterly disgraceful performance at the station by the police (including the officers insisting we all sit on the bare floor until we were processed, one officer pushing a young female to the floor and another verbally abusing the 60 year old female anthropologist from Makerere University) we were all released without charges or an explanation.

After their release, Kasha Jacqueline said,

Tomlinson and Kasha Jacqueline at the march

I feel like our rights have been trampled upon. It is becoming a habit of police to interrupt our gatherings. It is as if a section of Ugandans do not deserve certain rights. The laws and bills [Uganda's draconian, proposed "Anti-Homosexuality Bill"] have not been passed but police is already enforcing them.

Uganda’s police have in recent months shut down two workshops for LGBT activists, one in June, one in February when the country’s Minister for Ethics and Integrity personally led the raid.

Police break up Beach Pride

Now, back to Clinton. Her support for LGBTI activists in Uganda, and for their freedoms of association and assembly, is genuine and unquestionable. What is questionable is her support for those freedoms as a property of Ugandans in general. After all, the US rushed precipitately to congratulate Museveni on his victory in a fraudulent presidential election in 2011. It issued only anodyne expressons of regret in the ensuing months when Museveni brutally suppressed demonstrations against the sham vote, arrested his opponent and members of Parliament, and ordered Ugandans shot for engaging in walk-to-work protests against skyrocketing fuel prices.

A curious form of reverse “pinkwashing” is at work in the Ugandan case, I’d (almost) argue. Museveni’s crackdowns on LGBTI people give the US something to condemn, so that it can claim it’s done its due diligence in criticizing Uganda’s rights record. For Museveni and Clinton alike, they help keep the spotlight off other violations. It’s not that the abuses based on sexual orientation or gender identity are comparatively minor, or that the others are more grave or violent: far from it. But the US reprimanding Museveni for the “Anti-Homosexuality Bill” won’t bring his regime down; if the US dissociated itself from his election fraud, it might.

Pinkwashed: Police spray Ugandan opposition protesters with pink liquid during demonstrations, May 2011

So, in Kampala this time, Clinton pretty much left the question of when Uganda’s dictator might leave power as something for him to think about casually in his spare time: “It is important for leaders to make judgments about how they can best support the institutionalization of democracy,” she told reporters. “It’s not about strong men, it’s about strong institutions.” But the man is strong, so strong! — and we need him. “U.S. officials stressed that Clinton’s visit to Uganda was aimed at thanking it for its strong security assistance in Somalia and elsewhere”:

In Uganda, Clinton visited a military base where Ugandan and U.S. soldiers showed her the U.S.-made “drone” aircraft now patrolling the skies over Somalia, where an African Union force is seeking to crush al Shabaab Islamist insurgents.

Uganda, a strong U.S. security partner, has contributed the bulk of the Somalia force and Clinton said she foresaw a day when drones might help the United States and Uganda with another of their joint military efforts – the hunt for renegade Ugandan warlord Joseph Kony.

“Now we have to figure out how to look through thick vegetation to find Joseph Kony,” Clinton said, after inspecting a drone, a small unmanned aircraft no more than a yard long and mounted with cameras.

The United States last year dispatched about 100 military advisers to help Uganda and other central African nations track down Kony, whose Lord’s Resistance Army has been charged with repeated atrocities against civilians.

Give Museveni enough drones and you won’t need a few perambulating Christians to point out the perilous promixity of Pride. Electronic surveillance will search out the signs of gay weddings, and ensure that no exchange of vows passes without massive retaliation.

Although hunting down Joseph Kony would certainly be a popular move with the thousands of Americans hoodwinked by the viral video campaign earlier this year, it’s a minor matter to the US. The important thing for us is that Museveni is Stable, and willing to support US counterterrorist interference in East Africa, as well as our access to raw materials. If using some drones to neutralize an annoyance to the Museveni regime is the price the dictator charges, then, drone warfare being cheap, it’s easy to pay. Indeed, the function of the Kony 2012 campaign and the attendant hysteria becomes clearer and clearer in hindsight. It mobilized a public that by and large couldn’t tell Uganda from Uzbekistan to take some painless cyberaction on behalf of one of Africa’s more unpleasant despots.  Indeed, while the US feints at criticizing Museveni’s harshness toward the gays, the head of the House Subcommittee on Terrorism introduces measure after measure to  expand US military activities in Uganda: ostensibly to oppose Kony, but actually to prop up Museveni’s army. All very convenient.

Clinton presents award to Ugandan LGBTI activists, Kampala, August 3

Kampala’s campaigners for LGBTI rights have in fact long pressed their Western supporters to couch their opposition to Uganda homophobia in terms of Museveni’s appalling record as a whole — not to single out queers for special grace and favor. However well the message may have gotten across to Western civil society, it’s unlikely to play terribly well with the US government. But it does a disservice to the brave activists who marched, and faced down police, in Entebbe to divorce their courage from the politics and repression that give it meaning.

Images from Uganda Pride, 2012.

Uganda: it’s back

I hate the gays, but I love this silly drag queen: Yoweri and Mu'ammar in better days

It appears Uganda’s parliament, on the opening day of its new session, decided to continue consideration of the “Anti-Homosexuality Bill.”  The bill died in the last parliament without a final vote. Bloomberg reports through its Kampala office that legislators

voted to reopen a debate on a bill that seeks to outlaw homosexuality that may be expanded to include the death penalty for gay people. The legislation will be sent to the relevant session committee for consideration, Speaker Rebecca Kadaga told lawmakers today in a televised debate from the capital, Kampala.

In October 2009, Ugandan lawmaker David Bahati proposed the Anti-Homosexuality Bill that sought the death penalty or life imprisonment for gay people in the East African nation. The proposal drew criticism from international and domestic civil- society groups for infringing on human rights and equating homosexuality with terrorism or treason.

Legislators on Uganda’s Legal and Parliamentary Affairs Committee in the previous parliament suggested adding a clause that would make it a criminal offense to perform same-sex marriages … The committee said in its report that the penalty of “aggravated homosexuality” should be the same as defilement, a crime that is punishable by death under the Penal Code Act.

It appears this was part of a general motion to carry over unfinished business from the previous parliament. The Monitor, Uganda’s main independent paper, reports snippets from the debate: MP Barnabas Tinkasimire

says the anti-gays Bill is overdue because the spirit of his ancestors tells him that they lived without this practices, says he hears government saying when we pass the anti-gays Bill, we shall lose the donor’s money. We can’t afford to stay with such ills in our society and when it comes before the floor, we shall all pass it and support it.

It’s not clear what happens next, or how quickly.

Other Uganda news suggests the state of the polity: an insecure authoritarian system seeking distractions.The government will keep opposition leader Kizza Besigye, who had the temerity to contest President Museveni’s re-election earlier in the year, “under house arrest until he promises to stop participating in anti-government protests that have marred the nation’s image, national police said on Tuesday.” And the ruling National Resistance Movement (NRM) paused today to mourn Mu’ammar al-Qaddafi.   Museveni, a longtime fan,

reportedly told the ruling party legislators attending a caucus retreat last week that although Gaddafi made mistakes such as killing people in Tripoli he showed a lot of bravery because he died in the battle field. Museveni … faulted the fallen leader for not investing adeqquately in military fighting equipment, which led to his defeat.

“Even though he had a lot of money, he had not invested in equipment like the surface-to-air missiles.

“He would have used this to bomb at least some NATO planes.

“This contributed to his downfall.”

Bahati, author of the “Anti-Homosexuality Bill” — now promoted to NRM caucus chair — told the press that Qaddafi 

“was a courageous man who died in battle. But he carried out many extrajudicial killings in his country. This is dangerous and should be avoided.”

Indeed.