Box Turtle Bulletin

Kenya’s Chief Justice: “Gay Rights Are Human Rights”

A video appeared on YouTube yesterday showing Kenya’s Chief Justice Willy Mutunga declaring that “gay rights are human rights.” The remarks were delivered on September 8, 2011 at a groundbreaking ceremony for FIDA Uganda, a Ugandan organization of Women Lawyers. FIDA Uganda was among the organizations which denounced the Anti-Homosexuality Bill.

The Chief Justice’s speech in Uganda is interesting for three reasons. First, his call for recognizing that “gay rights are human rights” actually pre-dates an identical declaration from US Secretary of State Hillary Clinton by two full months. Secondly, the woman wearing lavender you see seating herself at the beginning of the video is Uganda’s Speaker of Parliament Rebecca Kadaga, who played an important role in reviving the Anti-Homosexuality Bill in October. And finally, Uganda and Kenya close neighbors, sharing a common history as part of Britian’s East African colonies, and they maintain extensive political and economic ties. Much of Uganda’s imports and exports flow through the Kenyan port of Mombasa, and the two countries are part of a larger emerging common market, the East African Community. The situation for LGBT people in Kenya is generally much better than in Uganda, although there have been instances of mob violence against suspected gay people in recent years.

Mutunga has an interesting history. In the early 1980s as a student, he was politically active against Kenyan president/dictator Daniel Arap Moi, which led to his detention and exile to Canada. When Kenya turned to multi-party elections in 1991, he returned home and became part of Kenya’s “Young Turks, advocating for human rights in the country. He continued to work in human rights positions throughout most of the next two decades. After Kenya reorganized under a new constitution following the disputed 2007 which broke down into nationwide violence, Mutunga was named to the country’s new High Court in 2011.

Here is the video and transcript of a portion of Justice Mutunga’s remarks:

We have fought and succeeded in demanding our rights of movement and association  although we can’t take them for granted. We should see less of the workshopping in hotels, less of the flipcharts and the [?], as we now move to the countrysides and make sure our people own and protect the human rights and social justice messages.

The other frontier of marginalization is the gay rights movement. Gay rights are human rights. Here I’m simply confining my statement to the context of human rights and social justice paradigm, and avoiding the controversy that exists in our constitutions and various legislation. As far as I know, human rights principles that we work on, do not allow us to implement human rights selectively. We need clarity on this issue within the human rights movement in East Africa, if we are to face the challenges that are spearheaded by powerful political and religious forces in our midst. I find the arguments made by some of our human rights activists, the so-called “moral arguments” simply rationalizations for using human rights principles opportunistically and selectively. We need to bring together the opposing viewpoints in the movement of this issue for final and conclusive debate.

I thank the FIDA movement, membership, leadership, and its national, regional and global network for the honor bestowed on me. I’m very proud of this honor and I will never take it for granted.

Path for Uganda’s Anti-Homosexuality Bill Remains Unclear

Warren Throckmorton reports that the end game for Uganda’s revival of the Anti-Homosexuality Bill remains unclear:

This morning I spoke with Parliament Spokeswoman, Helen Kawesa, who told me that no date had been set for debate on the anti-gay measure. “The Business Committee will meet to decide what bills are considered. Then they will be listed on the daily Order Paper,” Kawesa explained. The Business Committee is chaired by Speaker of the House Rebecca Kadaga and made up of all other committee chairs. Currently, no date has been set for this committee to consider a schedule for the bills returned from the Eighth Parliament.

As we noted earlier, Speaker Kadaga was an early supporter for the Anti-Homosexuality Bill and before that, for increased penalties for homosexuality. Kikonyogo Kivumbi, writing for the African blog Behind the Mask, has more details:

The passing of the motion (to revive several bills from the previous Parliament) means that David Bahati, the legislator who tabled the globally infamous “kill the gays” bill will not require Cabinet’s approval to table the anti-homosexual bill again.

The Ugandan Cabinet recently said that it had rejected the bill, tabled by as private member’s bill. But Bahati quickly reminded Cabinet that they had no powers over his bill, because it was a property of the Parliament of Uganda, and not the Executive.

Under normal rules of procedure, Bahati should have presented his bill to cabinet first, and also to the Ministry of Finance to obtain a certificate of financial implications of what it can cost government is the bill is passed into law, before a re-tabling.

Stephen Tashobya, Chairperson of the Legal and Parliamentary Affairs Committee which was given jurisdiction over the bill, said that Parliament will soon decide on a schedule for the bills:

He could not however say whether the Bahati bill is a priority for the executive. He said, “All bills from the previous parliament shall continue, without going back to the executive for re-introduction.”

Reports: Uganda Brings Back Anti-Homosexuality Bill

Bloomberg reports:

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.

Uganda’s parliament 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.

Giles Muhame, the former editor of the notorious Ugandan gay-baiting tabloid Rolling Stone (no relation to the U.S. publication by the same name) has more about the Parliamentary maneuvers and debates which, he says, brought the bill back. According to Muhame, the motion to revive the bill was made by MP Lt. Col. Sara Mpabwa, and was seconded by MP Crispus Ayena. A host of other contentious bills which were left unfinished when the Eighth Parliament expired last May were also reportedly brought back, along with all committee reports attached to the bills. Speaker Kadaga cited parliamentary procedures in Canada and India to justify the procedure of bringing bills back into Parliament without repeating the initial readings required to introduce a bill and refer it to committee.

The Speaker was an early supporter for the Anti-Homosexuality Bill, and before that for increased penalties for homosexuality.  She presided over Parliament in April 2009 in her role as Deputy Speaker when MP David Bahati sought approval to submit an Anti-Homosexuality Bill as a private member’s bill.

If these reports are correct, then the bill’s revival appears to be occurring despite assurances from representatives of President Yoweri Museveni’s cabinet that they have “thrown out” the bill. When that annnouncement was made last August, a Parliamentary spokesperson immediately shot back that the bill was “Parliament’s property.” Meanwhile, M.P. David Bahati, the bill’s sponsor, was elevated to the vice-chairmanship of the ruling party’s caucus in Parliament. In October, the caucus chairman was forced to step aside due to a corruption probe, and Bahati has since been elevated to acting caucus chair.

Since the innauguration of the Nineth Parliament, there had been rumors that that the Anti-Homosexuality Bill would be brought back sometime in the second half of August while others placed the timing in November. It was unclear what form the reintroduced bill would take. In early 2010, the Cabinet had recommended dismantling the bill and passing portions of it surreptitiously as amendments to other bills in the hopes of escaping worldwide attention. Many of those reported recommendations actaully made their way into a Parliamentary report last May, barely a week before the Eight Parliament was scheduled to end. Media at that time carried several false reports that the death penalty provisions had been dropped, but we now know that the death penalty, in fact, was still part of the bill.  The Parliamentary Affairs Committee recommended that in the Clause 3 defining “aggravated homosexuality” and which specifies that “A person who commits the offence of aggravated homosexuality shall be liable on conviction to suffer death,” that the phrase “suffer death” should be replaced with “the penalty provided for aggravated defilement under Section 129 of the Penal Code Act.” Section 129 of the Penal Code Act mandates the death penalty for an  unrelated offense of child molestation. Parliament ultimately failed to pass the bill due to a lack of a quorum because of controversy over another unrelated bill.

If, as reported, this latest maneuver actually does revive the bill with its Parliamentary Affairs Committee report, then the bill’s passage might be imminent since the last step for its final passage last May was a final vote in Parliament.

Ugandan Anti-Gay Bill Pushed Back Until November?

All reports like this need to be taken with a huge boulder of salt, but Warren Throckmorton points to a Ugandan blogger who wrote:

However perhaps even matching its own record on the bizarre and grotesque was the so-called “Kill the Gays” Bill that was introduced by arguably one of the more capable Members of Parliament today, the Ndorwa West MP David Bahati. Last time I had a chat with the MP (who I had incidentally advised against the bill precisely because of the storm it may generate and because I considered it a waste of valuable time), he told me the bill would return to the house in November. ” I am winning,” he said.

These days I am sort of resigned to how disagreeable things can become what with an economic storm, a crisis of the Ugandan shilling and real hurt amongst Ugandan families that I consider this bill largely academic. But just like the bail law some people have suggested to me that the bill is intended for political purposes as well. My sources in parliament also add that because of the world wide storm it generated it will come to the House for debate in stealth not reflected in ” the order paper” of the day.

As I said, all such reports should be taken with skepticism, but there are several elements to this one which has important elements of credibility. The “stealth” plan, for example, builds on what appears to be a growing recognition among Ugandan lawmakers that if they want to pass this draconian bill, the best way to do it is on the down low. Such measures that we’ve already heard discussed include slipping various sections of the bill into other otherwise innocuous legislation, and concealing its the death penalty provision by quietly linking it to another law providing for capital punishment. And so why not extend the subterfuge to the methods for passing the bill and not just limit them to the contents of the bill? Throckmorton writes:

I have also heard today from sources I trust that ministers are quietly appealing to MPs to pass the bill via letters and emails. The relevance of this is that the movement to get the bill considered is not as public as during the previous parliament.

The current Speaker of Parliament, Rebecca Kadaga, was an early supporter for the Anti-Homosexuality Bill, and before that for increased penalties for homosexuality. She was Deputy Speaker in 2009, and presided over Parliament in April when MP David Bahati sought approval to submit an Anti-Homosexuality Bill as a private member’s bill. As Throckmorton notes, as speaker she has the authority to revive the bill from the prior Parliament, as was done with the controversial HIV/AIDS Prevention and Control Bill just last month.

EXCLUSIVE VIDEO #2: Ugandan Minister Considers Forced Counseling to “Rehabilitate” Gays

Thanks to an anonymous reader in Uganda, BTB has been able to obtain cell-phone video of a Ugandan news broadcast showing Tuesday\’s anti-gay demonstration in Kampala by pastors Martin Ssempa, Solomon Male and Michael Kyazza.

This clip of a NTV News broadcast by the independent NBS television on Dec 22 begins with a short description of “aggravated homosexuality,” as “when one subjects a minor to gay acts or deliberately infects them with HIV.” This repeats the persistent mischaracterization of the actual text of the Anti-Homosexuality Bill that is now before Parliament. The bill would actually include anyone who is HIV-positive (whether they “deliberately infect” someone or not), and it also includes anyone who is a “serial offender,” which could conceivably ensnare anyone who has had more than one lover, or who had sex with the same lover more than once. In recent days, MP David Bahati, the prime sponsor of the Anti-Homosexuality Bill, has mischaracterized the true of the bill numerous times, as has Pentecostal pastor Martin Ssempa. These lies are now being repeated in Uganda’s media.

The clip shows scenes of an anti-gay rally organized by Ssempa, Male and Kyazza. I don’t know if this is the same rally shown in the Platinum News clip uploaded earlier today. It then cuts to a video of Ethics and Integrity Minister James Nsaba Buturo defending the bill, while raising the possibility of adding a forced conversion clause to the measure. This forced conversion idea was first brought up during an anti-gay conference put on last March by three American anti-gay activists.

From there, the report shows a “pressure group” (one of whom is Pentecostal pastor Martin Ssempa) meeting with the Deputy Parliament Speaker Rebecca Kadaga to urge swift passage of the Anti-Homosexuality Bill. The reporter observes that Kadaga “appears to back the bill,” but the Deputy Speaker then read a passage from the existing law against homosexuality which already provides for a life sentence.

Click here to see BTB\’s complete coverage of recent anti-gay developments in Uganda.

Click here to read a transcript of the NTV Tonight Broadcast.

Uganda Anti-Gay Activists March, “Storm Parliament”

The Daily Monitor of Uganda has this report on a march by local anti-gay activists held on Tuesday:

Anti-gay mobs demonstrating in Kampala, Uganda (Joseph Kiggundu/Daily Monitor)

Activists against homosexuality in Uganda stormed parliament on Tuesday protesting against the practice and demanded a probe into the practice in the country.

The activists who were holding banners denouncing the activity were led by the Family Life Network in conjunction with religious leaders.

The groups led by the Executive Director of Family Life Network, Mr Stephen Langa while handing over their petition to the Deputy Speaker, Ms Rebecca Kadaga said the Parliamentary select committee should also assess the extent of the damage homosexuality has caused to children and Ugandans.

…Mr Langa said the homosexuals under the group Sexual Minorities Uganda spend huge sums of money to recruit University students and those in secondary schools into homosexuality. They did not give details.

Another Uganda news outlet, UGPulse, reported that Deputy Speaker Kadaga “promised to push for the amendment of Article 31 of the Constitution which prohibits homosexual marriages. Langa had earlier noted that the article prohibits gay marriages but not the actions.”The Daily Monitor’s article indicates that the group explained that they wanted the proposed amendment to be broadened to “openly prohibit homosexuality, bisexuality, transsexuality and other related practices.” According to some reports, there are moves afoot to make merely being gay a crime.

April 19, 2009 edition of Uganda\’s Red Pepper (Scans via GayUganda. Names and faces obscured by Box Turtle Bulletin. Click to enlarge).

The anonymous blogger GayUganda reports that the demonstration began at Makerere University, the principle university in Kampala. Makerere University serves as host to pastor Martin Ssempa’s weekly anti-gay talks known as “Prime Time.” From Makerere University, the march worked its way through Kampala to the Parliament building. Portions of the march were carried on local Ugandan television.

This march follows Sunday’s full-page article in the gossip tabloid The Red Pepper, which provided first names and other identifying features of more than fifty gays and lesbians in Uganda. Identifying features included places of residences, employers, partners’ names, and types of cars driven. The article does not appear on The Red Pepper’s web site. The Red Pepper promises another round of public outings next Sunday.

The same tabloid gained notoriety for conducting a similar public outing campaign in 2007. That campaign led to mob assaults, arrests, extra-judicial punishment, and drove some LGBT Ugandans into hiding or exile.

This year’s anti-gay campaign traces its origins to a March 3-5 conference held in Kampala featuring three American anti-gay activists. Conference speakers included Exodus board president Don Schmierer, Holocaust revisionist Scott Lively, and purported raiser-of-the-dead and Richard Cohen protegé Caleb Lee Brundidge.

Click here to see BTB\’s complete coverage of recent anti-gay developments in Uganda.