Month: February 2012

Uganda Hires Firm to Burnish Image Internationally

Really? Uganda hired a firm to polish up the nation’s image around the world. Watch:

I don’t envy this firm.

Because of David Bahati and those who support him, Uganda is known around the world for the Anti-Homosexuality Bill. The attention from this bill leads to considerations of corruption and other human rights abuses.

If the bill passes, I suspect pressure will be brought to bear on corporations doing business in Uganda such as Citibank, and Barclays Bank (UK). Various hotel chains doing business there will be targeted. If Starbucks still imports coffee from Uganda, I can imagine an effort to have Starbucks find coffee from somewhere else.

 

Uganda Human Rights Coalition Opposes the Anti-Homosexuality Bill

A broad coalition of human rights advocacy organizations in Uganda issued a press release late yesterday. Here is the press release in full:

Press Statement

Uganda: Parliament Should Reject Anti-Homosexuality Bill

16th February 2012

On Tuesday 7th February 2012, the Anti-Homosexuality Bill (2009) was reintroduced to the Parliament of Uganda. If passed, this draft legislation would violate the human rights of all Ugandans, and should immediately be dropped, the East and Horn of Africa Human Rights Defenders Project (EHAHRDP), Foundation for Human Rights Initiative (FHRI), The Human Rights Centre Uganda (HRCU), and Human Rights Network-Uganda (HURINET) said today.

Hon. David Bahati’s widely condemned private member’s bill is one of ten bills saved and reintroduced from the previous Parliament. The bill had its first reading on 7th February 2012 and was referred to the Legal and Parliamentary Affairs Committee for scrutiny. It is understood that the bill was re-tabled in its original form but that amendments recommended by the Committee last year will be incorporated. Although Hon. Bahati is reported in the media to have said that the death penalty for ‘serial’ acts of homosexuality will be dropped, this is not yet confirmed. EHAHRDP, FHRI, HRCU and HURINET express their concern at the lack of clarity surrounding the parliamentary process and contents of the bill, and call on Parliament to clarify on this matter.

EHAHRDP, FHRI, HRCU and HURINET recall the submission by the Uganda Human Rights Commission in its 2010 annual report that “some of the provisions in the bill are unnecessary, and that most of them violate international human rights standards.” The rejection of certain international standards envisaged in the 2009 bill sets a dangerous precedent regarding Uganda’s respect for the human rights commitments it has made.

The bill contains harsh provisions which would seriously restrict the rights to freedom of expression, association and assembly and would threaten the ability of some human rights organisations to continue operating. Already, on 14th February the Minister of State for Ethics and Integrity, Hon. Rev. Fr. Lokodo Simon, ordered the unconstitutional shutdown of a capacity-building workshop organized by lesbian, gay, bisexual, transgender and intersex (LGBTI) human rights defenders in Entebbe. The bill and such actions by government representatives reinforce the more general threats to civil society space in Uganda, such as the onerous regulation of public meetings and discussions sought to be introduced with the Public Order Management Bill.

As well as threatening the safety of LGBTI people generally, the Anti-Homosexuality Bill also jeopardizes the security of human rights defenders working on these issues. The re-tabling of the bill just days after the first anniversary of the murder of LGBTI activist and EHAHRDP founding member, David Kato, is a stark reminder of the insecurity this bill has already caused in Uganda.

More generally, the bill would have a wide-reaching and disturbing effect on the freedoms of the majority of Ugandans. If health professionals, spiritual leaders, teachers, business people, landlords, and many others in positions built upon trust and confidentiality fail to disclose to the authorities persons they suspect of being homosexual, under the provisions of this bill would also be targeted for prosecution themselves.

EHAHRDP, FHRI, HRCU and HURINET welcome the statement issued by the Minister of State for Ethics and Integrity on Wednesday 8th February that the bill “does not enjoy the support of the Prime Minister or the Cabinet.” We call on the authorities to ensure the physical safety of LGBTI community members and human rights activists and fulfill the commitment made by Uganda during the Universal Periodic Review in October 2011 to “take immediate concrete steps to stop discrimination and assaults against LGBT persons.”

EHAHRDP, FHRI, HRCU and HURINET call on the Members of Parliament, and all Ugandans, to reject this discriminatory and divisive bill and refuse to be distracted from the real pressing issues facing the country at this time, such as the debate over the exploitation of Uganda’s oil resources.

For more information, please contact:

Hassan Shire, Executive Director, East and Horn of Africa Human Rights Defenders Project, on [email protected] or +256 772 753 753

Livingstone Sewanyana, Executive Director, Foundation for Human Rights Initiative, on [email protected] or +256 414 510 263/498

Margaret Sekaggya, Executive Director, The Human Rights Centre Uganda, on [email protected] or +256 414 266 186

Mohammed Ndifuna, Chief Executive Officer, Human Rights Network-Uganda, on [email protected] or +256 714 419 229

Uganda Law Society Opposes the Anti-Homosexuality Bill

I received this statement earlier today. Obviously, Uganda’s lawyers have great reservations about the Bahati bill.

 

UGANDA LAW SOCIETY VIEWS ON

THE ANTI HOMOSEXUALITY BILL

The Anti-Homosexuality Bill proposed to Parliament in 2009 would, if enacted into law, in its current state violate international human rights law and lead to further human rights violations.

The bill has been received with mixed feelings of both praise and strong criticism with  praise coming from the local populace and criticism from the international media, western governments, international and local gay rights, human rights, civil rights, and scientific organizations, world leaders, some Christian organizations including the Roman Catholic Church, the Anglican Church of Canada.

The Uganda Law Society (ULS) is an institution that defends and promotes constitutionalism, the rule of law and the human rights of every Ugandan citizen. The ULS therefore in the same spirit acknowledges and defends 100% the rights of all citizens including the small percentage of the population living as homosexuals.

Predicted outcomes of this bill

If passed, the bill would institutionalize discrimination against those who are, or thought to be gay, lesbian, bisexual or transgender. It would also reinforce the existing legislation against consensual sex between individuals of the same sex which legislation is itself contrary to international human rights norms. The bill would further purport to criminalise the ‘promotion’ of homosexuality, compel HIV testing in certain circumstances, impose life sentences for entering into a same-sex marriage, introduce the death penalty for ‘aggravated’ homosexuality, as well as punish those who fail to report knowledge of any violations of its provisions within 24 hours.

Generally, the bill would violate the principle of non-discrimination and would lead to violations of the human rights to freedom of expression, freedom of thought, conscience and religion, freedom of peaceful assembly, freedom of association, liberty and security of the person, privacy, the highest standard of health, and to life. These rights are guaranteed under the Constitution of Uganda and in international and regional treaties to which Uganda is party, which include the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter on Human and Peoples’ Rights (African Charter). Specifically under our Constitution the relevant provisions promoting protection and non-criminalization of minority activities as long as they are not contrary to the law are provided under –

Article 20(1) on inherent fundamental rights and freedoms of the individual; Article 21 on equality before and under the law in all spheres of political, economic, social and cultural life and in every other respect as well as the enjoyment of equal protection of the law. Further, Article 24 requires that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment. Discrimination and punishment basing on one’s sexual orientation is cruel, inhuman or degrading treatment.

Article 29(1) (a), (b), (c), and (d) states every person shall have a right to freedom of speech and expression, freedom of thought, conscience and belief, freedom to manifest such practicewhich shall include the right to belong to and participate in the practices of any organization, freedom of association which shall include the freedom to form and join other civic organizations. The bill criminalizes all forms of publications and expression concerned or related to gay rights.

Article 36 requires the protection of rights of minorities in decision-making processes, and their views and interests shall be taken into account in the making of national plans and programs – the gay and lesbian community is a minority in Uganda.  And Article 45 saves other additional human rights and freedoms not specifically mentioned in the preceding articles and these rights include gay rights.

All these provisions when interpreted are to the effect that individual rights and freedoms should be respected as long as those rights don’t affect the enjoyment of other people’s rights.

The ULS is not in any way promoting homosexuality in Uganda but calling for the observance and protection of the rights of homosexuals as human beings, a minority group and as citizens of Uganda. We reckon that the spirit of the bill is for noble and moral intentions such as to protect the traditional family, children, youth and cherished cultural values among others. It should however be alive to the fact that we live in a multi–lateral society comprised of various rights, interests and freedoms and should either be tolerated, restricted but not criminalized or banished.

FOR GOD AND MY COUNTRY 

James Mukasa Sebugenyi

PRESIDENT – UGANDA LAW SOCIETY

Email: [email protected]

Oversight Hearings on DHHS Contraception Rule Broadcast Now (VIDEO)

Interested in the DHHS controversy over contraception?

Currently, hearings are being held with representatives of the Catholic church, and the Southern Baptists. A Jewish Rabbi is also testifying. From the website:

Chairman Issa Hearing Preview Statement

Americans of all faiths have a right to practice their religion free from the fear of persecution or harassment from their government. Our nation’s founders believed this and enshrined religious freedom into the First Amendment to the Constitution.

While some Americans may not feel that government mandates forcing them to pay for contraception are an infringement on their religious beliefs, others consider it to be an assault against their freedom of conscience. A government policy that encroaches on the conscientious objections of religious groups concerns all Americans who value the protections of the First Amendment. Today, the committee will hear testimony from leaders of different faiths. They are concerned that government, under this Administration, is encroaching on their First Amendment rights.

The Administration’s actions have forced us to confront a more fundamental question about the proper role of government in our lives.

This hearing is about basic question of religious freedom, and whether or not protection will be afforded to religious institutions who wish to follow their conscience in refusing to pay for products they find morally objectionable. I look forward to hearing from today’s witnesses.

Liberian Senate Leader Says Gay Legislation Not Needed

In what appears to be a quick move to downplay reports yesterday of draconian anti-gay legislation in Liberia, the Senate President Pro-tempore, Gbehnzongar Findley, said yesterday that no need exists for pro- or anti-gay legislation.

The President Pro-tempore of the Liberian Senate, Gbehnzongar Findley has said that there is no need for any legislation on the protection of gay and lesbian rights in the country.

Addressing his monthly press briefing on Thursday, Pro-tempore Findley said the issue of gay right is not an issue in Liberia as no one has been denied his/right to practice gay or lesbianism in the country.
Pro-tempore Findley clarified that the Constitution of Liberia guaranteed the right of everyone including those involved in same sex practices. “Are these being any act of discrimination against any of them; is there any discriminatory law against them or have they been disfranchised or are people throwing stone at them?” Pro-tempore Findley wondered.
He said as President Pro-tempore of the Liberian Senate any act of infinitive whether for or against will not fall under his gavel. He noted that the Constitution does not in any way infringe on the right of anyone including gay and lesbians. He said the organic law of the country guarantees such right and will not be the one to decide.
“There is no need for legislation for gay and lesbians right because it is in the law and if anyone feels that their right is being violated let them go to the court,” the Grand Bassa County Senior Senator averred.
I know very little about the situation for LGBT people there so I don’t know whether gays would share the Senator’s assessment of the situation.
Sen. Findley seems clear that he will not entertain proposals from either Senator Taylor or LGBT campaigners.