David Kato

Lord Bellingham Excerpts

Wednesday 2nd March 2011 Westminster Hall

[Mr Jim Hood (in the Chair)]

Mr Speaker received a letter from an hon. Member who wants to speak, but her office was not advised that she needed the permission of the Member who initiated the debate and the Minister. Does the hon. Member have that permission?

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

Yes.

[Eric Joyce]

Definitely.

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[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

I congratulate the hon. Member for Falkirk (Eric Joyce) on securing this important debate, and I thank the hon. Members for Liverpool, West Derby (Stephen Twigg), and for Airdrie and Shotts (Pamela Nash), and my hon. Friend the Member for Mid Derbyshire (Pauline Latham) for their contributions.

The hon. Member for Falkirk raises an important issue, on which the Government have been closely engaged for some time. Indeed, I welcome this timely opportunity to discuss an important and difficult issue in Uganda, across Africa, and elsewhere in the world. Today, I want to talk in as much detail as I can about the deeply worrying death of David Kato. I would also like to take the opportunity to discuss issues relating to the human rights of sexual minorities more broadly in Uganda today. In doing so, I intend to set out the Government’s position on the lesbian, bisexual, gay and transgender issue in Uganda, and to discuss our work in that area.

First, let me address the tragic death of David Kato on 26 January this year. He was well known to several hon. Members, and his killing saw the loss of one of Uganda’s foremost human rights activists. He was widely respected by both domestic and international colleagues, and his valiant efforts, especially his work as an LGBT activist and a Christian activist, was important in defending the human rights of all Ugandans. His death, unfortunately, represents a backward step for human rights in Uganda, and I am sure that his loss will be felt by many in Uganda and around the world.

It is vital, as the hon. Member for Falkirk suggests, that the Ugandan police force thoroughly investigates Mr Kato’s death. In my statement at the time, I urged the authorities to do that, and to bring the perpetrators to justice. As my hon. Friend the Member for Mid Derbyshire said, it was a particularly vile, vicious and unpleasant killing. Our high commission in Kampala has reinforced the importance of this in subsequent representations to the inspector general of police in Uganda.

I am advised that the Ugandan police investigation has so far resulted in two arrests. One suspect was released without charge due to lack of evidence. The second, Enock Nsubuga, remains on remand in Mukono prison awaiting a recommendation from the magistrates court for the case to be heard in the High Court, which is a legal requirement when an offence is potentially punishable by death. I understand that in a statement to the police on 2 February, Mr Nsubuga, a convicted criminal who was apparently employed by Mr Kato, confessed to robbing and killing his benefactor. Our high commission will continue to monitor the case closely, and plans to be present in court during the next hearing. In the meantime, the coalition Government will continue to support the rights of LGBT people in Uganda, as we do elsewhere.

I want to say a few words about our policy more generally in Uganda. We are committed to combating violence and discrimination against LGBT people as an integral part of our international human rights work. We realise that sexual orientation is a sensitive issue in many communities, but we firmly believe that any illegality of consenting same-sex relations is incompatible with international human rights law, including the international covenant on civil and political rights. Laws should guarantee the same rights to everyone regardless of sexuality, and if LGBT people choose to exercise those rights, they should be free do to so.

The Foreign Office has a clear programme for promoting the human rights of LGBT people that focuses on the decriminalisation of homosexuality and the fight against discrimination. It includes taking action on individual cases where discrimination has occurred, lobbying for changes in discriminatory practices and laws, and helping individuals on a case-by-case basis. Although the debate focuses on Uganda, similar prejudices against LGBT people unfortunately exist in many parts of Africa, and in many other places around the world.

Although we fully recognise and respect cultural and religious sensitivities, we intend to be active about LGBT rights in Uganda in various ways. On a number of occasions, we have made clear to the Government of Uganda that the UK position on respect for the rights of LGBT people is not something from which we will deviate. We are opposed to any actions that have a negative impact on the human rights of Ugandans. The high commission in Kampala has regularly raised the issue with the Ugandan Government, including with the Prime Minister and other Ministers. I was in Uganda in July and I had a meeting with President Museveni. Among other things, I raised the issue of human rights and the proposed legislation and Bill, which I will speak about in a moment. I made our concerns plain and clear.

[Stephen Twigg]

I welcome the strength of what the Minister has said in restating the Government’s policy, and I offer the full support of the Labour party for that. Does he see value in taking the policy further and working alongside our European Union colleagues? If he does, has he had the opportunity to discuss with his European counterparts the ways in which the European Union can put pressure on Uganda to guarantee human rights for LGBT communities?

--- Later in debate ---

[Mr Bellingham]

It is essential that we work with our European counterparts, and if the hon. Gentleman will allow me, I will say something about that in a moment.

The Government will continue to take this matter very seriously, and we often take the lead on this issue, co-ordinating action across other diplomatic and donor partners. On the point about the EU, a formal démarche initiated by the UK was delivered by EU member states to the Ugandan Foreign Minister, and there have been regular meetings with LGBT activists. We have also been involved in the drafting and subsequent implementation of local EU guidelines for human rights defenders in Uganda. I hope that that will convince the hon. Gentleman—if he needed convincing—that we are very much on the case and working with our EU partners.

The UK has chosen to support the work of the Sexual Minorities Uganda group, which has acted as a focal point for a number of LGBT groups and activists in their work to protect those who have fallen victim of the law because of their sexuality. For example, we have enabled individuals to seek an injunction to prevent the publication of articles that incite hatred against the LGBT community. The high commission in Kampala remains in close touch with other Ugandan civil society groups that campaign for the rights of all minorities. I hope that that chimes with the point made by my hon. Friend the Member for Mid Derbyshire about how important it is to work closely with civil society groups throughout Uganda, and help them in their campaigns.

A number of hon. Members mentioned the hugely inflammatory articles that appeared in Uganda’s Rolling Stone magazine late last year, targeting David Kato and many others alleged to belong to the LGBT community. The articles, which included photographs of the people whom the magazine was attacking, were deeply disturbing and incited hatred and violence against homosexuals. Of course we commend Uganda for its largely free press—I know that the hon. Member for Liverpool, West Derby shares that view—and the positive role that that often plays in generating debate. However, I absolutely and unequivocally condemn the type of journalism in that magazine.

We raised our concerns over the articles with Prime Minister Nsibambi and the Minister responsible for internal affairs, and we made clear the damage that we believe such things can do. I am glad that some senior figures in Uganda have highlighted the dangers that can result from insensitivity towards the gay community. Those people include the inspector general of police, Major-General Kale Kayihura, who cautioned the public and anti-homosexuality pastors against such insensitivity in an article in the Daily Monitor newspaper on 4 February this year.

Another related issue that has caused concern and was mentioned by the hon. Member for Falkirk and by my hon. Friend the Member for Mid Derbyshire is the anti-homosexuality Bill tabled in the Ugandan Parliament by David Bahati in 2009. This is a private Member’s Bill and has not—fortunately—been endorsed by the Government of Uganda. Nevertheless, we have made our concerns clear to that Government on a number of occasions, because the Bill seeks further to criminalise homosexuality. As my hon. Friend pointed out, the legislation has the potential to inflame and incite serious hatred and violence. As the hon. Member for Falkirk said, the Bill includes a provision to introduce the death penalty for “aggravated homosexuality”, and a term of life imprisonment for anyone convicted of “the offence of homosexuality.” That is staggering and beggars belief. The Bill has not been adopted and remains at the Committee stage in Uganda’s Parliament. It will, however, be carried over into the new Parliament. We are doing all we can and are monitoring the situation. We will keep up the pressure on the Ugandan Government at every available opportunity.

The UK will continue to play a leading role in Uganda and worldwide in helping to end inequality and discrimination against LGBT people—indeed, against all minorities. In July 2010, the coalition Government published “Working for Lesbian, Gay, Bisexual and Transgender Equality”, a programme of work to ensure that the UK continues to push for LGBT equality both at home and abroad. That includes robustly examining the human rights records of other countries through the UN-led universal periodic review, and seeking opportunities to raise the issue within the Commonwealth.

A meeting of the Commonwealth Heads of Government will take place later this year in Perth, Australia, and we will be active in preparing the agenda for that. Given some of the unfortunate trends on increased persecution of gay minorities that are regrettably taking place in a number of Commonwealth countries, we will ensure that the issue is on the agenda for discussion at CHOGM later this year.

Once again, I thank the hon. Member for Falkirk for securing this important debate. The death of David Kato was a terrible tragedy and a horrendous, gratuitous murder. We hope that his legacy will live on, and I am sure it will. It is equally important that the perpetrators of that ghastly crime are brought to justice, and we will make sure that we play our role and that the small assistance the UK can provide is made available.

We have good bilateral relations with the Ugandan Government. I visited Uganda in July, and the Under-Secretary of State for International Development (Mr O’Brien) also visited last year. Uganda is a country with which we have an intensified bilateral relationship and many equities at stake. We have important trade agreements with Uganda and it is an important partner in the UN. It has been a temporary member of the UN Security Council, and we have worked with the country on issues affecting Africa.

However, as a candid friend, we will not resile in any way from telling Uganda about our concerns regarding its human rights record. Uganda moves forward as a country that is playing an increasing role in the east African community. It has just had an election. That had its flaws, but in the main, it was free and fair. Nevertheless, the country does itself no favours when it persecutes minorities of all kinds, and we will continue to stand up for those minorities. Once again I congratulate the hon. Member for Falkirk on securing this important debate. I hope that I have answered his point, and if there are any outstanding matters I will be happy to write to him in due course.