Homosexuality in Nigeria and Uganda

Baroness Warsi Excerpts

Wednesday 9th January 2013 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what representations they have made to the governments of Uganda and Nigeria about legislation regarding the treatment of homosexuals in those countries.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)]

My Lords, the British Government are strongly committed to upholding lesbian, gay, bisexual and transgender rights bilaterally and with international partners. We have raised concerns about the proposed anti-homosexuality Bill being considered by the Ugandan Parliament at very senior levels. Most recently, the Minister for Africa raised the issue with President Museveni during a visit to Uganda on 21 November. We have made clear our objection to the Nigerian same-sex marriage prohibition Bill at all levels of government through our High Commission in Abuja and through the European Union Working Group on Human Rights, most recently in December 2012.

[Lord Lexden]

My noble friend’s strong expression of concern about the treatment of homosexuals in Uganda and Nigeria will be widely welcomed and appreciated. What measures are in place to ensure that violations of the human rights of homosexuals in those two countries are carefully monitored and raised with their Governments? What steps have been taken to ensure that asylum is available here for those fleeing persecution? Given the commitment in the coalition agreement to use our relationships with other countries to push for unequivocal support for gay rights, what success are the Government having, in association with other member states, in encouraging the Commonwealth to work collectively in accordance with its own public commitments for the dismantling of the laws that violate so grossly the human rights of homosexuals?

[Baroness Warsi]

My noble friend raises a number of important issues. We take LGBT rights very seriously. The matter has been raised publicly and privately by both the Prime Minister and the Foreign Secretary. We also support a number of NGOs on the ground, in both Uganda and Nigeria, that work to support the LGBT community and do work in relation to HIV/AIDS support and information, which relates to those communities as well as others. Asylum applications are considered, as are any other asylum applications, under the convention.

[Lord Avebury]

My Lords, would the Government consider amending Section 94 of the Nationality, Immigration and Asylum Act to provide that gay men from Nigeria have an in-country right of appeal against refusal of an asylum application, as gay women from Nigeria already do? Before making any further representations to the Government of Uganda, will the Government consult Sexual Minorities Uganda, the umbrella NGO that campaigns for legal and social equality for LGBT people in that country?

[Baroness Warsi]

As my noble friend is aware from previous Questions, unsuccessful asylum claimants have a right of appeal to the UK courts. Designation under Section 94(5) does not deny a right of appeal to lesbian, gay, bisexual and transsexual applicants from designated countries, including Nigeria. However, claims from nationals of designated countries for non-suspensive appeals that are clearly unfounded must be certified as such and therefore can be appealed only from outside the United Kingdom. There are no plans at this stage to change this.

On my noble friend’s second question, the British High Commission in Kampala is in regular contact with the NGO that he mentioned—Sexual Minorities Uganda—and other Ugandan civil society groups that are campaigning for improved human rights in Uganda. We have in the past provided funding for organisations, including Sexual Minorities Uganda, for training, advocacy and the cost of legal cases related to the protection of LGBT communities and human rights.

[The Lord Bishop of Ripon and Leeds]

My Lords, will the Minister consult with Lambeth Palace and the incoming most reverend Primate the Archbishop of Canterbury on these issues, since Lambeth has considerable experience of relating to these two countries in particular, and of challenging their human rights records?

[Baroness Warsi]

We know that the church has networks in both Uganda and Nigeria. Indeed, the Foreign and Commonwealth Office has called upon those networks in discussions in order to use them as influence and opinion-formers in those countries. We will continue to make sure that that contact remains strong.

[Lord Pannick]

My Lords, at the next Commonwealth Heads of Government Meeting, will the Government support the recommendation of the Eminent Persons Group to the 2011 meeting that all Commonwealth nations should now be required to respect the rights of homosexuals?

[Baroness Warsi]

The noble Lord will of course be aware of the Commonwealth charter, which specifically talks about the importance of non-discrimination on any grounds, including homosexuality.

[Lord Triesman]

My Lords, I have now read two reports that indicate that a majority of Commonwealth countries have laws in one form or another that are oppressive towards gay men and, in many of those cases, towards women as well. Supplementing the question of the noble Lord, Lord Pannick, might the Government have it in mind to see significant revisions of the Harare principles so that there is absolute clarity that equality of status is a key principle for all oppressed groups in the Commonwealth?

[Baroness Warsi]

The noble Lord will be aware that homosexuality is already illegal in Uganda, as are same-sex relationships in Nigeria. We take the position that we do and we make our submissions very clear, but it is important to note that, unfortunately, at present the positions of those two countries are supported by a large number of their parliamentarians and public.

[Lord Lester of Herne Hill]

Is it useful for the Minister to know that the Joint Committee on Human Rights, of which I am a member, met the recently formed Joint Committee on Human Rights in Uganda last month and we seemed to get somewhere in emphasising that anti-sodomy laws are a most undesirable colonial legacy that an independent African country should move beyond?

[Baroness Warsi]

My noble friend presents us with an alternative line of argument but I assure him, as I assure other noble Lords, that we use all avenues, appropriate measures and opportunities to make our views clear.