Africa's Anti-Gay Laws

Image from Red Room

Huffington Post has written an article: Africa's Anti-Gay Laws: A Look At Uganda, Malawi And More

In December 2011, President Barack Obama signed a memorandum instructing federal agencies to promote the rights of lesbian, gay, bisexual and transgender people overseas. The memorandum coincided with a speech by then-Secretary of State Hillary Clinton at the Human Rights Council in Geneva declaring that "gay rights are human rights, and human rights are gay rights." Here are some developments concerning anti-gay legislation in Africa since the memorandum was issued.

UGANDA: A bill originally calling for the death penalty for "aggravated homosexuality" was re-tabled in February 2012. "Aggravated homosexuality" includes engaging in gay sex three times or while HIV-positive. The bill would also punish Ugandans who fail to turn in homosexuals to the authorities. President Obama called the bill "odious" in 2010. Its author has since said the death penalty provision has been removed.

However, they really shouldn't be quoting Bahati on the death penalty provision. He might have said that but, at the last look, the bill itself wasn't amended. They cite Amnesty International as their source for this article, but in Amnesty's most recent report on the matter, they state: "The Bill, if passed, would impose the death penalty for ‘aggravated homosexuality’, and would impose life imprisonment for the ‘offence of homosexuality’."  It is absolutely clear that the death penalty still stands.

David Cecil Update

Quick update on Devid Cecil, the British playwright deported from Uganda for staging an LGBTI play. He is trying to overturn his expulsion so that he can rejoin his family in the country.

Thrown out of Africa for staging a gay play – but desperate to return again: A British film producer deported to the UK is fighting to get back to his family in Uganda

After staging the first play in Uganda which addressed the theme of homosexuality, The River and the Mountain, the British film producer was arrested and deported back to the UK without a proper police investigation or court hearing. He left behind two children, aged one and two, his girlfriend of eight years, and his business. Uganda’s Media Council insisted that the play promoted homosexuality and was against the national culture...

Cecil’s opinions on gay rights, which he describes as “complicated”, have brought him on a collision course with both human rights activists, who believe he is not committed enough to the cause, and the Ugandan government. “I think people who support homosexuality do not understand the anxiety in African countries about the disintegration of the family,” he says...

He adds: “I did not come to Uganda to piss anyone off. It is a vibrant African country that belongs to Africans. All I wanted to do was make my humble contribution.”...

He adds that while he does not support the Anti-Homosexuality Bill that was proposed by Ugandan MP David Bahati, the solution is not legislating either for or against it. “When you legislate, you leave the power of guidance to the state. It becomes a question of legal or illegal and it is devoid of humanity,” he says. “Legislation will only antagonise people.”

Not sure we entirely agree with David on that one. Legislating for human rights being devoid of humanity? It's hard to argue that legislating against slavery, rape, or hate crimes has stripped countries implementing those laws of their humanity. 

So far, Uganda hasn't needed to legislate against LGBTI people for them to be beaten and murdered. If you continue without legislation to protect LGBTI people, it's little different to criminalising it, as attacks will continue on a community scale and victims will have nowhere to turn to for protection. A government may be elected by a proportion of the people, but it also has a duty of care to all of its citizens.

We wish him the best of luck in returning to his family.

Senyonjo Condemns Punishment

Bishop Senyonjo (right) picking up the Clinton Global Citizen
award in New York with Pepe Julius Onziema, 2012

One of the key non-gay Ugandan campaigners for LGBTI rights, Bishop Christopher Senyonjo, has spoken out, telling govrnments to: Stop Punishing People for Their Sexual Orientation

Bishop Christopher Senyonjo said the number of LGBT people with HIV/AIDS in the east African country is on the increase and prejudice and ignorance mean they are often marginalised and forced into hiding...

Senyonjo called the bill, which is awaiting debate in parliament, "draconian"...

Senyonjo takes the approach of a "straight-gay people alliance" in which straight and gay people work together to eliminate prejudice and discrimination.

"I think educated people are coming to understand more that LGBT people are also humans who should be respected," although there remains a good deal of fear among large segments of the population who are less well educated, he said.

For more on Senyonjo, pick up a copy of Call Me Kuchu.

Frank Mugisha Q&A

Frank Mugisha

Leading Ugandan LGBTI rights campaigner Frank Mugisha, who recently headed to Canada to give some advice on campaigning, and who was awarded a doctorate by Ghent University earlier this year, has answered a Q&A session with the Ottawa Citizen.

What is the status of the Anti-Homosexuality Bill?

The anti-gay bill right now is in the legal and parliamentary affairs committee. The committee (is) ready to submit (its report) to the floor of parliament, so when this report is submitted, the bill can go ahead for debate.

What can activists who aren’t in Uganda do to support your efforts?

Activists? I think that would have been the frustrating question, that the LGBT community has not helped us, has not stood by us. Because, like you said, people have gotten their rights here, they feel there is no need to get engaged in the other global civil rights for LGBT people, so the LGBT people have sort of taken a step back, they don’t really care. People in Uganda think we receive tons and tons of support from gay groups in the U.S. and Europe. Not at all. It is mostly human rights organizations that are not entirely focused on LGBT issues that work in supporting us.

Other questions include:

• What effect is the presence of evangelical Christian groups from the United States having on the debate in Uganda?
• Is it safe to say that Baird didn’t actually do LGBT activists in Uganda a favour?
• What would be more helpful? What can other countries do and what forum should they do it in?
• Given the struggles you face, what keeps you going?

Senegal Confirms Homophobia

US President Barack Obama and
Senegalese President Macky Sall

We've been a bit unsure about Obama's commitment to LGBTI rights in Africa since breakfasting with The Family and an interminably long silence on the matter, referring to Uganda's bill in terms no stronger than 'odious'.

However, his recent trip to Senegal seems to have nailed his colours to the mast.

Obama clashes with Senegal's president over gay rights

US President Barack Obama called for Senegal to decrimilize gay sex, stating that LGBT people should be treated equally before the law...

Senegalese President Macky Sall rebuffed Obama's call for his and other African countries to stop punishing people for being gay and legislate equal rights for all.

Sall answered: 'We are not ready to decriminalize homosexuality. But this does not mean we are homophobic.

Actually, Sall, yes. That's exactly what it means.

That's like saying 'We practice apartheid, but that does not mean we are racist.'

Defining Marriage: Supreme Court Ruling

 

Landmark ruling in America today:

US Supreme Court overturns gay marriage provision

The US Supreme Court has struck down a law that defines marriage as between a man and a woman only, in a landmark ruling.

The court's 5-4 vote said the Defense of Marriage Act, known as Doma, denied equal protection to same-sex couples...

Opinion polls show that most Americans support gay marriage. 

Twelve US states and the District of Columbia recognise gay marriage, while more than 30 states ban it.

Following on from the EU's recent policy in support of LGBTI rights, this sends a clear message that the time for bullies and bigots is drawing to a close. What is happening in Uganda appears to be forcing this issue on the global stage.

Amnesty International Issues Report

Image from this report

Yesterday, Amnesty International issued a report on the state of homophobia in sub-Saharan Africa.

Report documents anti-LGBT discrimination, violence in Africa

The report — Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa — notes 38 African countries continue to criminalize consensual same-sex conduct. These include South Sudan, Liberia and Burundi...

The Amnesty International report further notes at least seven LGBT South Africans were murdered between June-Nov. 2012 because of their sexual orientation or gender identity and expression...

Widney Brown, director of law and policy for Amnesty International, stressed African governments have a responsibility to protect the rights of their LGBT citizens.

On Amnesty's own page: Rising levels of homophobia in sub-Saharan Africa are dangerous and must be tackled

Homophobic attacks and harassment across sub-Saharan Africa are becoming more visible, indicating that homophobia is reaching dangerous levels, Amnesty International said today as it launched a comprehensive report documenting the discrimination faced by lesbian, gay, bisexual, transsexual and intersex (LGBTI) people on the continent.

You can access the full report as a PDF online.