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.

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.

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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

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.