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Posts for February, 2012

BBC Gets It Wrong — Again! — On the Anti-Homosexuality Bill

Jim Burroway

February 8th, 2012

Auntie Beeb is recklessly confused again:

The BBC’s Joshua Mmali in the capital, Kampala, says Mr Bahati, the primary backer of the bill, has confirmed the draft legislation has changed in one fundamental way.

Those found guilty of “aggravated homosexuality” – defined as when one of the participants is a minor, HIV-positive, disabled or a “serial offender” – would no longer face the death penalty, as originally proposed.

No no no no no no NO! A thousand times no! The death penalty has not been dropped!

The bill’s proponents have been claiming that line for more than two years, even though no action has been taken whatsoever to remove the provision. The BBC has done this before, and they’ve allowed blatantly false statements by M.P. David Bahati, the bill sponsor, go unchallenged. They were wrong then and they are wrong now. It’s incredible that such irresponsible and incompetent reporting can persist in the mainstream media.

But then, what do you expect of a news organization which asks the question, “Should homosexuals face execution?

State Dept: “Our Message Is Unchanged,” Opposes Uganda’s Anti-Homosexuality Bill

Jim Burroway

February 7th, 2012

Metro Weekly’s Chris Geidner has the statement:

In a statement provided to Metro Weekly, State Department spokesperson Hilary Fuller Renner wrote, “Our message is unchanged:  The Department of State opposes the anti-homosexuality bill, which we view as manifestly inconsistent with Uganda’s international human rights obligations. We call on the Ugandan government to reinforce its respect for the human rights of all individuals, including LGBT individuals.”

The State Department says they are raising concerns with “senior Ugandan officials” and note that Ugandan diplomats agreed to “take immediate concrete steps to stop discrimination and assaults against LGBT persons” during that country’s recent Universal Periodic Review at the United Nations Human Rights Council.

Priorities

Jim Burroway

February 7th, 2012

While the Ugandan Parliament is renewing its efforts to legislate LGBT people out of existence, we learn that Members of Parliament have received a car allowance of 103 million Uganda Shillings (US$44,556) in a deal which, Daily Monitor reports, was supposed to be kept hush-hush because of the hard economic times.  One MP threatened to prevent Parliament from re-opening today if he was not promptly paid. Parliament re-opened today. Take from that what you will.

There are 386 Members of Parliament, times $44,556. That’s US$17,198,616 for a fleet of new Hummers and SUVs in a country where the per capita income is US$523.

TODAY: Uganda’s Anti-Homosexuality Bill Being Re-Introduced In Parliament

Jim Burroway

February 7th, 2012

Uganda Parliament's Order Paper for February 7. (Click to enlarge.)

It is now early evening in Kampala, and in an apparent sign of the Parliament’s lack of transparency, today’s Order Paper is still not posted on the Parliament’s web site. However, a copy has been making the rounds on the Internet, showing that the Anti-Homosexuality Bill, 2009, is scheduled for its first reading today. Warren Throckmorton has info on the bill’s path going forward:

According to a person in the plenary session of Parliament, Speaker Kadaga said the bills renewed from the 8th Parliament will be read for the first time today but reports on the bills from the 8th Parliament will be used as a basis for moving toward a 2nd reading and debate. If true, this means that the time from first reading to second reading, debate and possible passage will be much shorter than would be true if a new bill was introduced.

Based on reports from Parliament in October, 2011, it was anticipated that the anti-gay measure would be considered by the new Parliament without repeating the first reading. During the October 2011 session, the Parliament voted to return unfinished business from the 8th Parliament to the current session. At that time, Kawesa said that Speaker of the House Rebecca Kadaga’s Business committee could recommend that the anti-gay bill go back to committee or it could recommend that the former committee report become the basis for debate in the Parliament. Based on the Kawesa’s statement today, the bill is starting over in committee.

The bill’s original text, combined with the recommendations of the Legal and Parliamentary Affairs Committee, would look something like this:

  • Clause 1: Expand the definitions for homosexual acts, making conviction easier. Current law requires evidence of penetration. The new law would expand the definition of homosexual activity to”touch(ing) another person with the intention of committing the act of homosexuality.” Touching itself is defined as “touching—(a) with any part of the body; (b) with anything else; (c) through anything; and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.”
  • Clause 2: Affirm Uganda’s lifetime imprisonment for those convicted of homosexuality.
  • Clause 3: Define a new crime of “aggravated homosexuality” for those who engage in sex with someone under the age of 18, who are HIV-positive, who is a “repeat offender” (so broadly defined as to include anyone who has had a relationship with more than one person, or who had sex with the same person more than once), or who had sex with a disabled person (consensual or not). The penalty for “aggravated homosexuality” is death by hanging. It also requires anyone arrested on suspicion of homosexuality to undergo HIV testing to determine the individual’s qualification for prosecution of “aggravated homosexuality.” NOTE: The Legal and Parliamentary Affairs Committee recommended changing the wording on this bill to obfuscate the provision’s penalty by referring simply to the penalty provided by an unrelated law. However, the penalty for that law is death. In other words, despite numerous false reports to the contrary, the death penalty remains in place.
  • Clause 4: Criminalize “attempted homosexuality” with imprisonment for seven years. The Legal and Parliamentary Affairs Committee recommended eliminating this clause.
  • Clause 5: Provide for compensation to the “victim” of homosexuality, which would provide incentives for even a consensual partner in a relationship to later claim “victim” status in order to save his or her own life and freedom by pressing charges against the other partner.
  • Clause 6: Guarantee anonymity to people making accusations.
  • Clause 7: Criminalize “aiding and abetting homosexuality” with seven years imprisonment. This provision could be used against anyone extending counseling, medical care, or otherwise providing aide gay people. Criminalize “promoting” homosexuality with fines and imprisonment for between five and seven years. This overly-broad provision would criminalize all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda . It would also criminalize any attempt to repeal or modify the law in the future, as those moves could also be seen as “promoting” homosexuality. The Legal and Parliamentary Affairs Committee recommended eliminating this clause.
  • Clause 8: Criminalize the conspiracy to commit homosexuality “by any means of false pretence or other fraudulent means with seven years imprisonment. The Legal and Parliamentary Affairs Committee recommended eliminating this clause.
  • Clause 9: Criminalize “procuring homosexuality by threats” (No penalty specified).
  • Clause 10: Criminalize “detention with intent to commit homosexuality” with seven years imprisonment.
  • Clause 11: Penalize people who run “brothels” with five to seven years imprisonment for renting to LGBT people. However, it defines a brothel as “a house, room, set of rooms or place of any kind for the purposes of homosexuality” instead of the more normal definition of a place where commercial sex work takes place. Anyone’s bedroom would be a “brothel” under this definition, placing landlords and hotel owners in jeopardy for renting to LGBT people.
  • Clause 12: Criminalize the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
  • Clause 13: Criminalize “promoting” homosexuality with fines and imprisonment for between five and seven years. This overly-broad provision would criminalize all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda . It would also criminalize any attempt to repeal or modify the law in the future, as those moves could also be seen as “promoting” homosexuality. The Legal and Parliamentary Affairs Committee found this clause would “create problems,” although it is unclear whether the committee recommended its removal.
  • Clause 14: Require friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment for up to three years.
  • Clause 15: Reserve trials for Aggravated homosexuality” for Uganda’s High Court. All other can be tried by magistrates.
  • Clause 16: Make the law applicable to all Ugandans living or visiting abroad via an extra-territorial clause. The Legal and Parliamentary Affairs Committee recommended eliminating this clause.
  • Clause 17: Subject persons living abroad to extradition. The Legal and Parliamentary Affairs Committee recommended eliminating this clause.
  • Clause 18: Void all international treaties, agreements and human rights obligations which conflict with this bill. The Legal and Parliamentary Affairs Committee recommended eliminating this clause.
  • POTENTIALLY NEW CLAUSE: The Legal and Parliamentary Affairs Committee recommended the creation of an additional crime, “conduct[ing] a marriage ceremony between persons of the same sex,” punishable by three years in prison, which was not in the original draft.

I am attempting to find a copy of the bill as it currently exists. According to procedure, if a bill is being introduced in Parliament for its first reading, then it is supposed to be published in the Uganda Gazette.

Uganda Lawmakers to Bring Anti-Homosexuality Bill to Floor of Parliament

Jim Burroway

February 6th, 2012
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According to this news report from Uganda’s NTV, the Parliament’s Business Committee met today and agreed to move the revived Anti-Homosexuality Bill forward to the full house, possibly as early as tomorrow when the Ninth Parliament begins its third sitting following its Christmas break. There are reports that several lawmakers in Parliament are aggressively pushing for the bill’s passage as part of broader anger over the American and British announcements making nations’ protections of LGBT rights a component of foreign policy.

It is unclear exactly which form the revived bill will have. As originally written the bill has these eighteen clauses:

  • Clause 1: Expand the definitions for homosexual acts, making conviction easier. Current law requires evidence of penetration. The new law would expand the definition of homosexual activity to”touch(ing) another person with the intention of committing the act of homosexuality.” Touching itself is defined as “touching—(a) with any part of the body; (b) with anything else; (c) through anything; and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.”
  • Clause 2: Affirm Uganda’s lifetime imprisonment for those convicted of homosexuality.
  • Clause 3: Define a new crime of “aggravated homosexuality” for those who engage in sex with someone under the age of 18, who are HIV-positive, who is a “repeat offender” (so broadly defined as to include anyone who has had a relationship with more than one person, or who had sex with the same person more than once), or who had sex with a disabled person (consensual or not). The penalty for “aggravated homosexuality” is death by hanging. It also requires anyone arrested on suspicion of homosexuality to undergo HIV testing to determine the individual’s qualification for prosecution of “aggravated homosexuality.”
  • Clause 4: Criminalize “attempted homosexuality” with imprisonment for seven years.
  • Clause 5: Provide for compensation to the “victim” of homosexuality, which would provide incentives for even a consensual partner in a relationship to later claim “victim” status in order to save his or her own life and freedom by pressing charges against the other partner.
  • Clause 6: Guarantee anonymity to people making accusations.
  • Clause 7: Criminalize “aiding and abetting homosexuality” with seven years imprisonment. This provision could be used against anyone extending counseling, medical care, or otherwise providing aide gay people.Criminalize “promoting” homosexuality with fines and imprisonment for between five and seven years. This overly-broad provision would criminalize all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda . It would also criminalize any attempt to repeal or modify the law in the future, as those moves could also be seen as “promoting” homosexuality.
  • Clause 8: Criminalize the conspiracy to commit homosexuality “by any means of false pretence or other fraudulent means with seven years imprisonment.
  • Clause 9: Criminalize “procuring homosexuality by threats” (No penalty specified).
  • Clause 10: Criminalize “detention with intent to commit homosexuality” with seven years imprisonment.
  • Clause 11: Penalize people who run “brothels” with five to seven years imprisonment for renting to LGBT people. However, it defines a brothel as “a house, room, set of rooms or place of any kind for the purposes of homosexuality” instead of the more normal definition of a place where commercial sex work takes place. Anyone’s bedroom would be a “brothel” under this definition, placing landlords and hotel owners in jeopardy for renting to LGBT people.
  • Clause 12: Criminalize the act of obtaining a same-sex marriage abroad with lifetime imprisonment.
  • Clause 13: Criminalize “promoting” homosexuality with fines and imprisonment for between five and seven years. This overly-broad provision would criminalize all speech and peaceful assembly for those who advocate on behalf of LGBT citizens in Uganda . It would also criminalize any attempt to repeal or modify the law in the future, as those moves could also be seen as “promoting” homosexuality.
  • Clause 14: Require friends or family members to report LGBT persons to police within 24-hours of learning about that individual’s homosexuality or face fines or imprisonment for up to three years.
  • Clause 15: Reserve trials for Aggravated homosexuality” for Uganda’s High Court. All other can be tried by magistrates.
  • Clause 16: Make the law applicable to all Ugandans living or visiting abroad via an extra-territorial clause.
  • Clause 17: Subject persons living abroad to extradition.
  • Clause 18: Void all international treaties, agreements and human rights obligations which conflict with this bill.

Shortly before the Eight Parliament ended, the Legal and Parliamentary Affairs Committee recommended several changes to the bill. Despite numerous false reports to the contrary, the removal of the death penalty was not one of the changes. According to Human Rights Watch, the committee recommended removing Clause 4 which would criminalize “attempted homosexuality,” along with Clause 7 (“aiding and abetting homosexuality”) and Clause 8 (“conspiracy to commit homosexuality”).  The committee found that clause 14, which would require anyone knowing an LGBT person to report that person to police, would “create problems,” although it is unclear whether the committee recommended its removal. The committee also recommended removal of the extraterritorial Clauses 16 through 18, but added a new crime: “conduct[ing] a marriage ceremony between persons of the same sex,” punishable by three years in prison. That clause was not in the original draft.

The Eighth Parliament ended before the committee’s recommendations could be considered for adoption. Without that action, it appears that the bill is likely still in its original form.

Report: Uganda’s Anti-Homosexuality Bill To Be Discussed In Parliament Next Week

Jim Burroway

February 3rd, 2012

Moments ago, the online news portal UGPulse reported that the Ugandan Parliament’s Business Committee will hold discussions on the proposed Anti-Homosexuality Bill on Monday, February 6.

In a letter to MPs on the committee from the office of the Clerk to Parliament, the meeting slated for Monday next week is expected to consider the legislative programme for the 3rd meeting of the 1st session of the 9th Parliament.

The Business Committee is presided over by Speaker Rebecca Kadaga, who is believed to be a bill supporter. Membership also includes the “Leader of Government Business,” although the Parliament’s web site doesn’t specify who that is. M.P. David Bahati, the bill’s sponsor, is also the acting head of the ruling party’s caucus, and that position might give him a presence at that meeting.

The Anti-Homosexuality Bill was revived at the start of the Ninth Parliament after the Eight Parliament expired before bringing it to a final vote. Shortly before the end of the Eight Parliament, there were false reports that the death penalty provisions were about to be removed from the bill. In fact, no changes have been made to the bill itself because Parliament expired before proposed changes could be voted on. But even if those proposed changes had been accepted by Parliament, the death penalty would have remained firmly in place.

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

Jim Burroway

February 1st, 2012

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:

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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.

Ugandan LGBT Advocate: Don’t Believe Everything You Hear. It’s Actually Getting Better

Jim Burroway

January 27th, 2012

LGBT rights advocate Val Kalende sees developments in Uganda that she says the foreign press has been reluctant to notice because it doesn’t fit the popular narrative. Despite the headlines, she says an important story isn’t getting told: it’s getting better for the LGBT movement in Uganda:

The death of David Kato has galvanized a breed of new activism and synergies in the Ugandan LGBT community. On my recent visit to Uganda, I met and interacted with a number of young activists and organizations whose joining the movement was a response to the death of this great activist. The movement has certainly grown bigger and stronger thanks to ongoing organizing by the Uganda Civil Society Coalition on Human Rights and Constitutional Law. It is encouraging to know that what began as a make-shift entity to respond to the Anti-Homosexuality bill has not only become proactive in action but more grounded in a multi-dimensional sexual rights advocacy. Members of the coalition feel that it is time to move Beyond the Anti-Homosexuality bill and build a movement of sexual rights activists who will influence policy and change repressive laws that hinder the freedom of sexual minorities.

…The general situation of LGBT persons in terms of security and awareness of rights has improved. What is often read and heard in international media is not what is on the ground. It is not what I saw on my recent visit. LGBT persons in Uganda are not in hiding. When people like Secretary Hilary Clinton speak out against human rights violations in Africa, they send a strong message to our governments that persecution of LGBT persons is a human rights violation. This comes with some degree of protection from the state because our governments know that the world is watching. I spoke with some activists who feel protected by the state (the Police) than ever before. Even if there’s still a lot of work to be done by government, it is important to acknowledge that today, LGBT activists can engage the police. According to a report from the Hate No More campaign launched in 2o11 by Freedom and Roam Uganda, activists have held meetings with the police and some police official have shown interest in being educated and engaged on LGBT issues.

The situation of LGBT persons in Uganda is getting better. Not worse. It is important that international allies, donors, and partners know that their support and resources are making a difference.

Kalende writes that it’s hard to get that message across; foreign journalists don’t want to hear it. They’re more interested in creating pieces like the BBC’s Scott Mills, whose documentary “The World’s Worst Place to be Gay?” she found to have “prey(ed) on the plight of Ugandan LGBT persons and do nothing to give back to their communities.” Instead, she points to a group of LGBT community activists living in a Kampala ghetto who embarked on community development projects that earned the respect of otherwise “would-have-been homophobic heterosexuals.” She adds:

I was speaking at a conference at Union Theological Seminary in NYC when an American journalist walked up to me and said her editor doesn’t want to publish stories that portray the “getting better” situation for LGBT persons in Uganda. For the past three years since the introduction of the Bahati bill we have talked about how bad things are. Can we now begin to celebrate the progress we are making?

She notes that the international attention has been helpful in shining a spotlight on the Anti-Homosexuality Bill and related problems, but:

In self-criticism, I know that most African LGBTs are not bold enough to condemn the kind of “Mill’s nonsense” that my colleague echoed. We have allowed the West to dictate our politics and write our narratives that we are losing our identity. I know that the arguments I make here are not popular; they don’t attract sympathy because they portray African LGBT persons as competent and independent when people expect them to be stupid.

Afrogay nods in agreement. Val’s essay is required reading, a heart-felt piece with much to chew on. I don’t think it’s to say things in Uganda are even close to perfect. They aren’t. But balance and perspective is always a must, and wherever improvements occur they should be noted.

Ugandan Television Coverage of David Kato’s Memorial Service

Jim Burroway

January 26th, 2012

It was one year ago today when Ugandan LGBT advocate David Kato was brutally murdered in his home. Today, NTV Uganda has posted this news report on a memorial service which was held on the grounds of the Emerald Hotel in Kampala.

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There has been a great deal of discussion over the past several years about the influence American pastors have had in stoking the flames of homophobia in Uganda. Against that backdrop, it was very refreshing to see an American pastor, Rev. Joseph Tolton of Rehoboth Temple Christ Conscious Church in New York City, speaking at the memorial. Also speaking at the memorial was Kato’s mother and retired Anglican bishop Christopher Senyonjo.

Thabo Mbeki Likens Uganda’s Anti-Homosexuality Bill to Apartheid Policies

Jim Burroway

January 23rd, 2012

Former South African president Thabo Mbeki was in Uganda to speak at a forum at Makerere Univesity about post-cold war Africa when law professor Sylvia Tamale, an opponent of the proposed Anti-Homosexuality Bill, asked him what he would say to Ugandan M.P. David Bahati, the bill’s sponsor. “I would say to the MP; sexual preferences are a private matter,” said Mr Mbeki. “I don’t think it is a matter of the state to intervene.” He then drew a line between the kind fo state oppression the bill represents and governmental policies of South Africa’s Apartheid government:

Mr Mbeki said apartheid South Africa prohibited sexual relations “across the colour line” aided by The Immorality Act which handed the police legal ground to raid “people’s bedrooms” before dragging them to court for prosecution.

“I mean what would you want? It doesn’t make sense at all. That is what I would say to the MP. What two consenting adults do is really not the matter of law,” he said.

Uganda’s Aggressive Pushback Over “Kill-The-Gays” Bill Publicity

Jim Burroway

January 18th, 2012

Last Friday, Perezi K. Kamunanwire, Uganda’s ambassador to the U.S. suddenly withdrew as keynote speaker for a Martin Luther King Day event sponsored by the United Negro College Fund on Monday after the UNCF expressed concern over the Anti-Homosexuality Bill which had been revived in Uganda’s Parliament. UNCF president and CEO Michael Lomax wrote the Ambassador a letter expressing alarm over what he described as the bill’s “draconian penalties” and called on the ambassador to “address this issue when you speak at the King Day and take questions at the conclusion of your remarks.” The ambassador chose instead to withdraw from the event rather than face the uncomfortable questioning.

There has been an increasing aggressiveness in Uganda’s government and media against stepped up worldwide condemnation of countries which criminalize gay relationships. In recent weeks, we’ve even seen a stepped up hostility coming from what had been until now a very well-balanced independent newspaper, Daily Monitor. (More on that momentarily.) Ambassador Kamunanwire is playing his role in that push back. Yesterday, he blasted the UNCF for sending him an “incendiary” letter and claimed that the Uganda Parliament was not reconsidering the bill, despite numerous local reports to the contrary.

The aggressive push back has been joined by others in Uganda’s diplomatic staff. Yesterday evening, we received an email from a BTB reader in the Washington D.C. who was attending a talk by Rev. Mark Kiyimba, pastor of the New Life Kampala Unitarian Universalist Church, who was speaking at the Unitarian Universalist Church of Silver Spring, MD. Rev. Kiyimba has been a vocal opponent of the Anti-Homosexuality Bill. According to the emailer, Dickson Ogwang, Minister Counselor at the Uganda Embassy in Washington, DC, rose during the Q&A session to give “the familiar government spin”, including misdirection about the brutal murder of Ugandan LGBT advocate David Kato. According to our reader, “Rev. Kiyimba responded well, but clearly was put in the difficult spot of being challenged to call a government minister a liar.” Our reader also observed:

“Mr. Ogwang looked mighty pleased to snap a digital photo of Rev. Kiyimba shaking hands with MD State Senator (and local LGBT rights champion) Jamie Raskin. My inner cynic wonders whether the photo will emerge in Ugandan press as “proof” that Ugandan gay rights advocates are merely tools of the West.”

There is certainly precedent for that. Daily Monitor, Uganda’s largest independent newspaper and an until-now largely reliable source of information about developments over the Anti-Homosexuality Bill, carried a lengthy, incendiary article in its Sunday Magazine on January 8. The article by Bernard Sabiti, an aspiring born-again politician and journalist, featured a large photo of LGBT advocate Frank Mugisha receiving the Rafto Foundation’s award for human rights in Bergen, Norway. The caption under the photo however reads, “Mr Mugisha receives one of his many awards for ‘bashing’ his motherland over gay rights.” Referencing Frank’s recent op-ed in the New York Times, the rest of the article goes downhill from there:

In a December 22 high-profile New York Times Op-ed titled “Gay and Vilified in Uganda”, Mr Mugisha repeats the same over-recycled allegations against his own country, in which he adds some even more absurd statements that are not true at all. In the article, for example, he writes that: “More benignly, if people are still single by the time they reach their early 20s, what Ugandans call a “marriage age,” others will begin to suspect that they are gay.”

This is hogwash. With more Ugandans spending more time at school and tightening economic conditions, who doesn’t know that marrying in late 20s and 30s is a very normal thing in Uganda these days?

Even after the Uganda Police concluded investigations which failed to link David Kato’s killers to homophobia and court appropriately sentencing them, in the article, Mr Mugisha still insinuates that “…because of this work, David was bludgeoned to death at his home, with a hammer.”

The matter of the Rolling Stone newspaper that published a list of homosexuals which is the basis of the western gay propaganda alleging that “the press” in from page 21

Uganda promotes murdering homosexuals is even too absurd to comment about. These people know nothing about Uganda’s culture, let alone that of the tabloid, where many journalism students try many stunts to come up with a publication that can sell in a tough media market and a poor reading culture.

Even “credible” newspapers here struggle yet they have been in the market far too long to stage competition against them. But many People here also love sensationalism and gossip and some enjoy nudity. That was what Giles Mahame, the Rolling Stone publisher, was tapping into.

If not, given the shrewdness of Ugandans, it wouldn’t be farfetched to say that the Rolling Stone stunt could have as well been a stunt by the homosexuals themselves to elicit international sympathy and the cash that no doubt followed it. [Emphasis added.]

The article has had its chilling effect. Frank told Michelangelo Signorile last weekend that he now fears for his life:

“Just two days ago there was a very big piece of news about me,” said Frank Mugisha, executive director of Sexual Minorities Uganda, in an interview by phone from Kampala on my radio program on SiriusXM OutQ yesterday, referring to an article he says was written in a local newspaper, attacking him for writing the New York Times op-ed.

“It said that everything we are saying is not true. That we are just trying to get sympathy in the Western world. They put my picture in the newspaper with all these hate words and of course I got a lot of bad emails, bad phones, a lot of harassment against me.”

…”Every day of my life here in Uganda I have to be careful of what I do,” Mugisha said in the radio interview yesterday. “It has reached the point that where I even have to be careful when I’m going to get food in a restaurant, to be sure that the food I’m getting, that I trust the restaurant, because I’m scared I could get poisoned. Even when I want to go shopping I have to call a friend and say can you come with me because my face has been in the newspapers, my face has been in the media. Just two days ago when my face was put in the newspapers I received harassment already. Now it is my fear of stepping out my house. If I want to go and buy food, because I have to eat, what is going to happen to me today?”

Whether Rev. Kiyimba’s photo snapped last night will be deployed for a similarly sinister purpose remains to be seen. Clearly Uganda, along with many other African nations, are on the defensive over recent British and American announcements that the manner in which LGBT people are treated in their home countries are a matter of international concern. The predictable backlash is brewing. That’s not to say that the British and American positions are wrong or misguided. But we are seeing increasing fallout over the spotlight they have cast on Uganda and elsewhere. And it means that we need to follow those statements with greater vigilance, and we must demand that Uganda and other nations take positive actions to ensure the safety of all LGBT people, including their advocates and leaders.

Ugandan LGBT Advocate Pens Op-Ed for New York Times

Jim Burroway

December 23rd, 2011

Way to go, Frank Mugisha:

Many Africans believe that homosexuality is an import from the West, and ironically they invoke religious beliefs and colonial-era laws that are foreign to our continent to persecute us.

The way I see it, homophobia — not homosexuality — is the toxic import. Thanks to the absurd ideas peddled by American fundamentalists, we are constantly forced to respond to the myth — debunked long ago by scientists — that homosexuality leads to pedophilia. For years, the Christian right in America has exported its doctrine to Africa, and, along with it, homophobia. In Uganda, American evangelical Christians even held workshops and met with key officials to preach their message of hate shortly before a bill to impose the death penalty for homosexual conduct was introduced in Uganda’s Parliament in 2009. Two years later, despite my denunciation of all forms of child exploitation, David Bahati, the legislator who introduced the bill, as well as Foreign Minister Henry Okello Oryem and other top government officials, still don’t seem to grasp that being gay doesn’t equate to being a pedophile.

You can see BTB’s coverage of those 2009i workshops and meetings with Parliament here. Frank Mugisha is Executive Director of Sexual Minorities Uganda, where he works at great personal risk and sacrifice:

I remember the moment when my friend David Kato, Uganda’s best-known gay activist, sat with me in the small unmarked office of our organization, Sexual Minorities Uganda. “One of us will probably die because of this work,” he said. We agreed that the other would then have to continue. In January, because of this work, David was bludgeoned to death at his home, with a hammer. Many people urged me to seek asylum, but I have chosen to remain and fulfill my promise to David — and to myself. My life is in danger, but the lives of those whose names are not known in international circles are even more vulnerable.

Go read his entire op-ed before you do anything else today.

Uganda’s President on Gays: “First Talk About Railroads”

Jim Burroway

December 19th, 2011
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(At 0:45) The crucial elements that we need in this region, apart from peace and democracy, is infrastructure development. … This is the policy you should concentrate on. Yes, I know homosexuals are important [laughter and scattered applause], but homosexuals also need electricity. [laughter] So before anybody gives me a lecture about homosexuals and their rights, please first talk about the railroads.

Uganda’s President Yoweri Museveni lashed out at international donors at the International Conference on the Great Lakes Region. (African Great Lakes refers generally to the areas of D.R . Congo, Uganda, Kenya, Rwanda, Burundi, and Tanzania.) His remarks, for whatever reason, don’t seem to have gotten much play in the major Uganda media online. The above report is from Kenya’s NTV, and here is the take from Kenya’ The Nation. Warren Throckmorton reacted:

Hard to use all of those modern conveniences if you are in jail, Yoweri. Although maybe Museveni is right. If the [Anti-Homosexuality Bill] passes, gays will need electricity in jails, and roads and railways to take them there.

Warren’s right to poke at the myopia with which African leaders are reacting to recent policy statements by the U.S. and U.K. which either implicitly or explicitly link foreign aid to how nations treat LGBT populations. But there is a legitimate concern, shared by LGBT advocates on the ground, over a backlash should the idea that human rights abuses against LGBT people are more important than human rights abuses generally take hold and become part of popular wisdom. Remember, Museveni has held power for 25 years — an achievement itself which is hardly the mark of a democratic leader — and he has done it by manipulating the constitution and media, by installing a compliant electoral commission, and clamping down hard on political opponents. The West’s failure to address those problems with similar vigor will only feed growing cynicism over western motives.

Again, I raise this point not to say that protection against LGBT abuses should not be a priority. After all, it is gay people who are being targeted for murder by the state, not members of the opposition Forum for Democratic Change. But if Ugandans are violently denied the right to peaceful assembly and redress of grievances in the political sphere, it should come as no surprise when authorities also see no need to guarantee the rights of LGBT people to those same things. Yes, gays need electricity and railroads, and so does everyone else. But everyone, gays included, also need the freedom to use them.

Ugandan Pastors Face Gay Libel Charges

Jim Burroway

December 15th, 2011

One of the more immediate fallouts of the infamous March 2009 conference put on by three American anti-gay activists in Kampala, besides the notorious Anti-Homosexuality Bill, was a long and fearsome anti-gay vigilante campaign waged by the tabloids and on television and radio. During the anti-gay hysteria that swept Uganda, several powerful pastors took the opportunity to launch wild accusations against rival pastors in a bid to increase their own power base and financial clout. Three preeminent Ugandan pastors, Martin Seempa, Solomon Male and Bob Kyazze, were charged with conspiracy to falsely defame a rival pastor by accusing him of sodomy.

Today, the African news blog Behind the Mask reports that a Ugandan magistrate has ruled that Ssempa, Male and Kyazze have “case to answer.” In other words, the magistrate ruled that there is ample evidence that a crime may have taken place and that it is now up to the defendants to put on a defense:

Magistrate John Patrick Wekesa ruled this morning in Kampala that the three Christian preachers, Martin Sempa, Solomon Male and Bob Kyazze should start defending themselves against charges of involvement in conspiracy to damage (Pastor Robert) Kayanja’s name by way of a homophobic smear campaign.

The court has set December 19, as the date for the pastors to defend themselves.

The accused pastors, their lawyers, Henry Ddungu and David Kaggwa, together with David Mukalazi and Deborah Kyomuhendo (agents of the accused) face charges of conspiring to injure Pastor Kayanja’s reputation. The two lawyers were included for allegedly commissioning false affidavits.

The defendants face up to five years imprisonment if convicted. Twenty-one prosecution witnesses have testified in court so far this year. The for earlier sodomy charges that had been filed against Kayanja by the three pastors and their lawyers have been closed for lack of evidence.

Martin Ssempa and Solomon Male have been outspoken supporters of the proposed Anti-Homosexuality Bill, a wide-ranging piece of legislation which would have imposed the death penalty against gay people under certain circumstances, lifetime imprisonment for the rest, and harsh criminal penalties for virtually anyone else who knew them or provided services to them. Ssempa had enjoyed support from several American Evangelical pastors, churches and organizations, including Saddleback pastor Rick Warren and Las Vegas-based Canyon Ridge Christian Church. Warren finally denounced Ssempa and the Anti-Homosexuality Bill in 2009 after weeks of pressure, and Canyon Ridge reluctantly cut ties with Ssempa after defending him for several months.

UPDATE: Daily Monitor is out with its article, naming four pastors being tried:

The quartet, Solomon Male of Arising for Christ, Martin Sempa of Makerere Christian Centre, Robert Kayiira and Michael Kyazze of Omega Healing Ministries are jointly charged with Ms Dorothy Kyomuhendo, former State House aide, and artiste David Mukalazi.

Ugandan Television Reports on US Foreign Policy Initiative for LGBT Human Rights

Jim Burroway

December 7th, 2011

NTV is owned by the same company that publishes Daily Monitor, Uganda’s largest independent newspaper. This news report was posted to their YouTube channel just moments ago:

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The report itself is very calm and measured. But it does reflect prevailing opinion not only in Uganda but through much of Africa when the reporter asks at the end, “Will Uganda blink and bow to the pressure?” The image of bowing, as you can imagine given Africa’s history, has a very specific humiliative resonance that goes much deeper than much of the rest of the world. The three lawmakers in the report — Anti-Homosexuality Bill author M.P. David Bahati, M.P. Steven Ochola of the opposition Forum for Democratic Change (FDP), and Ethics and Integrity Minister Simon Lokodo (Lokodo is identified as “Rev. Fr.,” despite having been defrocked by the Vatican) — all spoke against Secretary of State Hillary Clinton’s remarks in Geneva. Human rights lawyer Ladislaus Rwakafuzi suggests that a sort of “don’t ask, don’t tell” compromise might be the best way to go for Uganda’s LGBT community.

Update: Paul Canning pointed me to this question which NTV has put on its Facebook page. The responses are pretty fascinating. Yes, there are some pretty odious comments. But at least on Facebook, those East Africans who are defending gay rights as human rights are not exactly shrinking violets. I would ordinarily suggest that you chime in, but as it is, we have plenty of people in Uganda making the case to  fellow Ugandans for fellow Ugandans. That’s always good to see.

Press Coverage of Obama’s LGBT Human Rights Policy Was Muted

Jim Burroway

December 7th, 2011

ThinkProgress found that yesterday’s announcements by the Obama Administration that American international agencies would use their resources to promote human rights for LGBT people worldwide was barely mentioned on American television. It’s getting a bit more play in the newspapers, but since fewer people are getting their news from newspapers, I wonder whether this is something that has, so far, slipped right past most Americans as they go about their days.

In Africa as well, yesterday’s announcement has been met mostly with silence  so far, although it generally takes a day or two before stories like this percolate through the press. Neither Uganda’s independent Daily Monitor nor the pro-government New Vision mentioned the story, although Daily Monitor does cover a talk by U.S. Ambassador Jerry Lanier urging Uganda to stand on its own economically, citing hard economic times in the U.S. which may result in lower levels of aid. Kenya’s Daily Nation, which is owned by the same media company as Uganda’s Daily Monitor, also didn’t cover the story. Neither did The Standard.

In Nigeria, where the country’s Senate recently passed a bill which would impose prison sentences for gay relationships and LGBT advocacy, a quick look at the Nigerian Tribune, Daily Sun, Vanguard, and Guardian revealed no mention of the story. The Nation carried a brief mention of Secretary of State Hillary Clinton’s speech in Geneva. That story was pretty straightforward and was limited to quotes from Clinton’s speech. Punch, which I suspect may be a tabloid, although it’s articles are much more “newsy” than a typical tabloid, carried more thorough coverage of the Obama Administration’s policy, which Punch said “signposted the likelihood of a diplomatic showdown between Nigeria and the US, against the backdrop of last week’s passage of an anti-LGBT bill by the Senate.”  Punch asked Bola Akinterinwa of the Nigerian Institute of International Affairs how the new initiative might affect diplomatic relations between the U.S. and Nigeria. Here’s Punch’s description of that exchange:

He described the bill as part of the country’s ‘municipal law’ which he said was different from international law.

According him, the municipal laws of a country are meant to be obeyed by all agencies and persons residing in the country where such laws are in operation. He said anybody, including foreign envoys, who contravenes the municipal laws can be convicted.

He said, “There is no problem there at all. First of all America has laws, Nigeria has laws. Those laws constitute what they call municipal laws. Municipal laws are quite different from international laws. International laws are also referred to as law of nations. The International law is the one governing all the nations of the world, whereas the municiapal laws govern the affairs of each country.

“If Obama is asking US agencies to promote gay rights or lesbian rights, they can do so. There is no problem as long as they will not infringe on the municipal law of their host countries. If they do, they will be tried based on the municipal law and they will be guilty.”

Senate leader Victor Ndoma-Egba also declared, “Nigeria is an independent nation; we are a sovereign state. We have our own values. We are not going to tie our indigenous values with the values to other nations.” He added, “How many states in the US have legalised same sex marriage? Why can’t they start from inside their own country before going out to other countries?”

In Malawi, which gained international attention when they convicted and later pardoned a same-sex couple for undergoing a traditional engagement ceremony, The Nyasa Times covered the story with a provocative photo of a “lesbian kiss.” Malawi has already suffered a cut in British aid last summer over a diplomatic row when the British ambassador criticized Malawi President Bingu wa Mutharika for his increasingly autocratic actions. The Nyasa Times said that the Malawi President “defends Malawi laws for the criminalisation of sexual orientation when he adopted Zimbabwean President  Robert Mugabe’s lingo, describing gays as worse than dogs.”

The Times in Johannesburg carried a very comprehensive story in its paper this morning, including quotes from Truth Wins Out’s Wayne Besen and other U.S. LGBT advocates.

US Pushes Hard on LGBT Rights Around the World

Jim Burroway

December 6th, 2011

The Obama administration has issued a flurry of documents and Secretary of State Hillary Clinton gave a groundbreaking speech on the need for protecting the human rights of LGBT people around the world. It began this morning with the White House memorandum directing American international agencies to take action in countries where LGBT abuses are taking place. That was followed by fact sheets from the White House and the State Department outlining the new policies as well as past accomplishments. Of particular interest is the State Department’s description of its engagement in Uganda over concerns about the proposed Anti-Homosexuality Bill:

Alongside Ugandan civil society’s strong and sustained outreach to parliamentarians and the Uganda Human Rights Commission, and advocacy of other governments, U.S. Government advocacy against Uganda’s proposed Anti-Homosexuality Bill established a precedent for the United States, the international donor community and civil society to collaborate to counter efforts to criminalize same-sex conduct. [Emphasis mine]

While activities in Uganda are mentioned, Africa was not alone in receiving the State Department’s attention over the past few years. Also mentioned are Jamaica, Slovakia, Indonesia, Guinea, Serbia, and India. Meanwhile, Secretary Clinton gave what has been described as a groundbreaking speech in Geneva in advance of Human Rights Day this Saturday. I wasn’t able to see the speech and hope to have the transcript as soon as possible. (Update: It’s here, and it’s a doozy.)

It remains to be seen how the actions today will be reported in the popular media and what the response will be in countries which stand to be affected by today’s announcements. But past events does give us a clue as to how today’s developments are likely to be received in world capitals where LGBT persecution is either official policy or the social norm. Russia had earlier denounced American diplomatic protests over a proposed bill in St. Petersburg which would prohibit LGBT advocacy in public, and Deputy Prime Minister Dmitry Kozak followed that with a suggestion that the St. Petersburg proposal could be made a federal law. In Africa, following comments from British Prime Minister David Cameron warning that countries which prosecute LGBT people could see their foreign aid cut (a warning that was later modified to say that the aid would be redirected to NGO’s instead), African leaders, including those who oppose LGBT oppression, warned that the statement could backfire on efforts to head off legislation which would severely increase penalties against LGBT people. African LGBT advocates also warn that if changes in foreign funding force cutbacks in governmental services, the local LGBT communities would feel the brunt of the blame, making the work of LGBT advocacy much more difficult in countries where the prevailing belief is that homosexuality is a Western import.

None of that is to say that these pronouncements from the US and IK aren’t unwarranted or improper. But every action has an equal and opposite reaction, and as they say in Africa, when elephants fight, the grass suffers. Since Cameron’s announcement in October, there has been a measurable uptick on African newspaper articles mentioning homosexuality popping up through November and December in my Google Alerts for the continent, and those articles are rarely positive. The Ugandan Parliament revived the Anti-Homosexuality Bill by the end of October, and the Nigerian Senate greatly increased the penalties in a bill which makes same-sex unions a felony in November.

Now to be clear, neither action was a response to Britain’s announcement; both events almost certainly have occurred anyway. But if anyone had been inclined to speak out against those two bills before, the current politics now makes that all but impossible. No African politician has ever lost influence by standing up to “meddling” by foreign and (especially) colonial powers. And no politician anywhere in the world — east, west, north or south — has survived the taint of being accused of colluding with foreign governments, no  matter how manifestly untrue, unjust, or an irrelevant distraction those accusations may be.

In the short term, these announcements are likely to exacerbate the situation. That is just a simple fact of life, but pointing that out isn’t to say that this is not a good change in direction. It is merely to say that we will need to be forewarned and prepared for the inevitable reaction which will come of it. Fasten your seat belts.

LGBT People Aren’t the Only Ones Deprived of Human Rights In Uganda

Jim Burroway

November 28th, 2011

Daily Monitor, Uganda’s largest independent newspaper, has a must-read story today asking, “Is Uganda as homophobic as they say?” They begin by setting up the question this way:

It can be traced to a whirlwind of events. One year after (M.P. David) Bahati’s (Anti-Homosexuality Bill), a fledgling tabloid ran a headline that called for homosexuals to be killed. Three months after that, in January this year, one of the men pictured under the Hang them headline, David Kato, was bludgeoned to death in his home. Amin himself couldn’t have written a better script.

The reference to the Idi Amin, the bloodthirsty dictator who ruled Uganda from 1971 to 1979, is a recurring one. Playwright Judith Adong invokes Amin’s name to show how the world’s views on Uganda’s human rights problems have shifted from a historical problem to a current one:

Before, when people heard that I’m from Uganda it used to be, ‘Oh, so you’re from Idi Amin’s country.’ Now it’s ‘You’re the people who want to kill homosexuals,’” she says.

Longtime LGBT advocate Val Kalende (she bravely appeared in a 2009 Daily Monitor profile at the height of the outcry surrounding the Anti-Homosexuality Bill) pulls on that thread further. Referencing Lonely Planet’s recommendation of Uganda as the world’s #1 best tourist destination, Val refocuses on the broader problems with human rights in Uganda:

Kalende believes the commenters on Lonely Planet are blowing things out of proportion. “What such people want to do is to place gay rights ahead of other human rights and they are the reason African countries are still overly homophobic. If people want Uganda to be boycotted because of homophobia then they should make the same noise when opposition leaders and journalists have their rights abused by the State.”

In this respect, Uganda is little different from the rest of the world: the gay community functions as the canary in the coalmine. How a society treats its gay community is a good predictor for how a society is capable of dealing with other groups who are either out of favor or out of power. President Yoweri Museveni’s regime has spent much of this year violently suppressing his political opponents. Against that backdrop, the world’s focused attention on the Anti-Homosexuality Bill while ignoring the broader problems with human rights strike ordinary Ugandans as elevating the gay community’s concern above everyone else’s. And naturally, if the world condemns official homophobia while ignoring the rest, it feeds the suspicion that LGBT Ugandans are seeking “special” rights and protections which ordinary Ugandans do not yet enjoy themselves.

Ugandan LGBT advocates say that this issue is just one of the barriers they face in trying to turn public opinion around on the Anti-Homosexuality Bill. When ordinary Ugandans see official harassment, arbitrary police actions, rampant corruption, and widespread abuses of power as endemic features of daily life, worldwide concerns over the country’s treatment of its LGBT citizens looks wildly myopic. Worse, LGBT advcocates say that single-minded focus confirms in the minds of ordinary Ugandans that the outside world is out of touch with what’s really going on there. And when Britain threatens developmental aid cuts based on treatment of sexual minorities, but not on violent governmental crackdowns on opposition groups, it only reinforces the widespread erroneous belief that homosexuality is a foreign import. On those points, it becomes hard to argue with them.

Ugandan Health Officials Claim Human Rights Groups Are “Spoiling Our Response to HIV/AIDS”

Jim Burroway

November 15th, 2011

Daily Monitor, Uganda’s largest independent newspaper, reports that the Uganda Network of AIDS Service Organizations (UNASO) has identified several deficiencies in the country’s fight against HIV/AIDS. Among the shortcoming cited include a shortage of qualified health workers, anti-retroviral medications, and test kits. But the Ministry of Health sees another culprit:

However, Ministry of Health is blaming the stagnant HIV prevalence rates in the country on uncoordinated response to the epidemic by pro-gay and lesbian civil society organisations. Uganda’s HIV prevalence rates have remained between 6.5 and 7 per cent for about two years.

According to Dr Zainab Akol, the coordinator of the national Aids Control Programme, the number of Ugandans dying from Aids-related infections has reduced significantly over the last two decades; but added that the fight is now being derailed by the civil society.

“They are spoiling our response to HIV/Aids. They are derailing us by dragging us to human rights issues of homosexuals. We in the health ministry do not want to know your sexual orientation. We treat everyone so long as that person is sick,” she said.

Akol claims that Uganda was denied a US$270 grant from the Global Fund to Fight Tuberculosis, Malaria and HIV/AIDS due to lobbying by human rights groups. A major AIDS NGO however denies the charge:

However, Mr Godfrey Tuwesigye of HURINET Uganda, described Ms Akol’s comments as misleading. “We have never called for cutting funding for HIV/Aids activities. We are just telling the ministry to streamline lesbian, gay, bisexual, and transgender (LGBT) in HIV/Aids activities. If in future we get a new type of virus among homosexuals, will they say they were not aware?” Mr Tuwesigye said.

Two months ago, we learned that Health Minister Christin Ondoa is also a pastor at Life Line Ministries, where she works under the direction of apostle Julius Peter Oyet. He is one of the most influential evangelical leaders in Uganda you’ve never heard of. Oyet was present in the gallery when the Ugandan Parliament first considered the introduction of the Anti-Homosexuality Bill in 2009, and he has been very open about his belief that homosexuality should be a capital offense. Oyet, who is also President of the Ugandan branch of the U.S.-based College of Prayer (or COP, which itself is a ministry of Rev. Fred Hartley’s Lilburn Alliance Church in Atlanta), was made a member of M.P. David Bahati’s staff to lobby Parliament for the bill’s passage. While Bahati is the bill’s author and sponsor, Oyet played a crucial role in its drafting.

Ugandan Gay Advocate’s Alleged Murderer Sentenced To 30 Years

Jim Burroway

November 10th, 2011

Sidney Nsubuga Enoch (L), convicted and sentenced to 30 years imprisonment for the murder of gay rights advocate David Kato. (Daily Monitor / Johnson Mayamba)

Daily Monitor, Uganda’s largest independent newspaper, reports that Sydney Nsubuga Enoch, who had plead guilty to murdering LGBT advocate David Kato, was sentenced to thirty years in prison. The African blog Behind the Mask also reports.

Justice Joseph Mulangira sentenced Nsubuga, on his own plea of guilty, for the murder of the gay rights activist on January 26, 2011 at his home in Mukono district.

Nsubuga pleaded guilty to both the police and before a magistrate, before he was committed to the High Court to stand trial.

Under Uganda’s judicial systems capital offences such as murder, rape and defilement are only heard by the high court, although suspects are brought before magistrates and charges are read to them as investigations go on.

David Kato

Nsubuga had been arrested in February, just a week after Kato’s death. At the time, many LGBT activists in Uganda expressed doubts about the police investigation leading to the arrest. But in this article at Behind the Mask, Kato’s layer, Francis Onyango, expressed satisfaction with the unusually speedy trial and conviction of Nsubuga, which seems to have caught everyone off guard. “Even the witnesses, lawyers and families of the man never knew he was convicted and sentenced. But this is normal in a criminal trial,” he said.

Meanwhile, the account in Daily Monitor mirrors the story which had been spread by editors of the notorious Rolling Stone tabloid (no relation to the U.S. publication by the same name), which sought to place the blame on the murder of Kato himself. In this latest account from Daily Monitor, “The police issued a statement to the effect that Kato’s killing was no way related to his campaign for gay rights.” LGBT activists in Uganda disputed that assertion.

The suddenness of today’s proceedings before anyone was even notified of the trial and sentencing only added to those doubts. Frank Mugisha, who is in Washington, D.C. to receive the Robert F. Kennedy Human Rights Award today, posted on his Facebook page, “It is disheartening that this trial happened secretly and hurriedly with out any one knowing about it and leaves many questions unanswered.”

Front cover of the Oct 2, 2010 edition of Rolling Stone, featuring a photo of David Kato (left) and Bishop Christopher Senyonjo (right). (Click to enlarge.)

Davik Kato Kisule, the Advocacy and Litigation Officer for Sexual Minorities Uganda, was found in his home on January 26, 2011, after having been beaten in the head with a hammer or blunt object. Residents told police that they saw a man entering David’s house, and then they saw him leaving dressed in the David’s shoes and a jacket that covered part of his face. Later, they became suspicious and went to check on David but found the door locked. After they forced their way in, they found him and rushed him to Mulago Hospital, but he died on the way.

The attack occurred a few months after David’s face appeared on the front page of the Ugandan tabloid Rolling Stone (no relation to the U.S. publication by the same name) under a headline that demanded “Hang Them!” Kato and others sued the paper, seeking damages and a permanent injunction against the paper’s “outing” campaign. Kato and the other plaintiffs prevailed, and Rolling Stone ceased publication shortly after.

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