Ugandan Anti-homosexuality Law

Mark Simmonds Excerpts

Wednesday 12th February 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

I congratulate my hon. Friend the Member for Reigate (Mr Blunt) on securing this important debate, on raising awareness of this subject in his early-day motion tabled on 5 February, and on the articulate, detailed and measured way in which he spoke about this issue. Members across the House share a common commitment to protecting minority rights, not only in Uganda but around the world, and they will, I am sure, be troubled by the situation outlined by my hon. Friend.

Human rights are a significant priority for the Foreign and Commonwealth Office, and the UK Government remain firmly committed to ensuring that all LGBT people are free to live their lives in a safe, just and inclusive environment. Combating violence and discrimination against the LGBT community forms an integral part of our untiring efforts to protect and promote human rights internationally. We therefore share the concern about the legislation passed by the Ugandan Parliament last year.

The Anti-Homosexuality Bill was first introduced as a private Member’s Bill back in 2009, but we understand that it does not have the support of the Ugandan Government in its current form. It does, however, have widespread public and parliamentary support in Uganda, and on 20 December, as my hon. Friend outlined, the Ugandan Parliament tabled, debated and passed the Bill, although it requires presidential assent to become law.

In a public statement in response to the passing of the Bill, the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for Faversham and Mid Kent (Hugh Robertson) expressed concern that the legislation was incompatible with the protection of minority rights, and that it would result in a rise in persecution, violence and discrimination across Uganda. We value the strong and close partnership between the UK and Uganda, and as friends we discuss areas of disagreement frankly. I have personally raised this issue on a number of occasions with my Ugandan counterparts, including President Museveni and, most recently, with the Ugandan Foreign Minister on 28 January. I hope to have an opportunity to raise it again tomorrow when I meet the Ugandan State Minister for Foreign Affairs.

[Pamela Nash]

Will the discussions on concerns about the Bill extend to the concerns of British companies investing in Uganda?

[Mark Simmonds]

If the hon. Lady will bear with me, I will come on to that point. What I will say is that we are very aware and conscious of British citizens who work for UK companies that are investing in Africa, and how the Bill might impact on them too.

Only yesterday, I met the executive director of Sexual Minorities Uganda, Frank Mugisha, to hear first hand the challenges that LGBT people in Uganda face, and to understand what steps are being taken to change perceptions of LGBT rights. This follows on from previous meetings I have had with human rights groups and civil society during my visits to Uganda. I can also tell the House that Mr Mugisha was able to meet ministerial colleagues at the Department for International Development and the Department of Energy and Climate Change.

The report by Sexual Minorities Uganda, which my hon. Friend the Member for Reigate cites, highlights the perpetuation of some of the disturbing myths about sexual orientation and gender identity, particularly, but not exclusively, in Africa. The report’s recommendations, as articulated by my hon. Friend, form the basis to take forward efforts to change social attitudes and behaviour towards LGBT people. I agree with the report’s view that the criminalisation of homosexuality will do nothing to address the concerns of child abuse and exploitation. This can only be effectively tackled through non-gender-specific legislation.

I am aware of the role that some sections of the religious community have played in promoting the Bill. I very much welcome the recent letter sent from the Archbishops of Canterbury and York to the President of Uganda, and to all primates of the Anglican community, recalling the commitment to pastoral care and friendship for all, regardless of sexual orientation. I am also aware that the Papal Nuncio to Uganda expressed concern at the passing of the Bill, and that he would be working with Uganda’s Catholic bishops on this matter. He noted that the matter

“does not pass a test of a Christian caring approach to this issue.”

The Government share the concerns expressed by my hon. Friend at the effect the Bill could have on efforts to combat the spread of HIV/Aids. An open letter to President Museveni, from Uganda’s Civil Society Coalition on Human Rights and Constitutional Law, highlighted the risks to public health. My hon. Friend might be interested to know that DFID is providing £16.3 million over four years to support and improve HIV prevention response in Uganda, which will include provision for specifically targeting most at-risk populations.

As with many of our posts across the world, our high commission in Kampala works tirelessly to promote the universal values that are central to British foreign policy: tolerance, respect, equality, fairness and human rights. We believe that the case for tolerance and equality is best made by local voices. Since the Bill was passed by the Ugandan Parliament, we have worked with civil society to raise awareness of the impact the Bill will have on human rights. Our high commissioner in Kampala is supporting these groups to promote inclusivity, diversity and tolerance, working in co-ordination with international partners. We have provided support for training, advocacy and legal cases relating to the protection of LGBT rights. The high commission also supports the Kaleidoscope Trust, which my hon. Friend rightly mentioned, and its specific project in Uganda to promote strategic communications. My officials have also engaged extensively with UK and Ugandan NGOs, including Stonewall, the Kaleidoscope Trust and the Human Dignity Trust, to explain our approach.

I have listened carefully to calls in the debate to consider sanctions against those promoting the Bill, but I cannot give the commitment that my hon. Friend seeks to impose travel restrictions on those promoting this legislation. I do not believe that imposing travel bans on promoters of the Bill would be in the interests of LGBT minorities in Uganda or indeed those rightly working to defend their rights. The purpose of our development programme is to support poverty reduction and economic growth in Uganda.

Our development programme to Uganda goes through a variety of channels, including private sector organisations, NGOs and multilateral agencies. My hon. Friend may not be aware but budget support to the Government of Uganda was indefinitely suspended back in 2013, following allegations of corruption in the Ugandan Government. A tiny proportion of the UK’s development assistance is provided through financial aid to the Government of Uganda—only 1.1% of the total DFID allocation. That financial aid is specifically used to support public financial management, to strengthen the Government’s systems for managing fiduciary risk and for tackling corruption. There are very rigorous mechanisms in place to ensure that British taxpayers’ money is spent properly and for the purposes for which it was intended. I am happy to write to my hon. Friend to provide more details and to put a copy of that letter in the Library so that all hon. Members who are interested can see it and be reassured.

As is the case for all the countries we work in, financial aid to the Government of Uganda is predicated on fundamental commitments and agreed partnership principles, which include a commitment to poverty reduction, respect for human rights, improving public financial management, good governance, and transparency and the strengthening of domestic accountability. Although the focus of this debate has been on Uganda, I am only too aware that there are other countries of concern in Africa and elsewhere. My hon. Friend mentioned Russia in his opening remarks.

[Mr Blunt]

Before my hon. Friend goes wider than Uganda, may I gently say to him that the sanctions sought in my speech were extremely limited and focused on travel bans as the only active deterrent for people supporting the Bill. He has not told us why he feels these bans would cause the effect he alleges. It has only taken me this afternoon to get more than 100 parliamentarians to agree to support a letter to President Museveni along the lines of my speech. If this matter were pressed, my hon. Friend might be in a significant minority in the House.

[Mark Simmonds]

I did try to explain why I have come to this conclusion and the negative impact his request would have on those who are LGBT in Uganda and those promoting their rights. Travel bans, if they were to be part of an EU-wide sanctions package, would have to be agreed at European Union level, and are normally done as part of a wider sanctions package. He will also be aware that the Home Secretary has the power to exclude an individual if she considers that his or her presence in the UK is not conducive to the public good. The Home Secretary’s decision will be made specifically on a case-by-case basis.

[Mike Freer]

I just want to press the issue of travel bans. I accept the Minister’s point, but if he cannot expand on it now I ask him to write to my hon. Friend the Member for Reigate (Mr Blunt) on the issue of why someone who is perpetrating a hate crime would be subject to a ban, as Dieudonné was last week, but the Ugandan politicians would be able to enter the country and pursue hate crimes freely?

[Mark Simmonds]

I am not sure I share my hon. Friend’s definition of a hate crime. He will be well aware of the sensitive nature of the issue and, hopefully, has gathered from my remarks the position of the UK Government. We stand up for LGBT individuals in Uganda and for their rights and will continue to do so, but my conclusion is that I do not believe that imposing a travel ban on those promoting the Bill, which is supported by Ugandan parliamentary and public opinion, would achieve the results that he and my hon. Friend the Member for Reigate wish.

I will not stray beyond Uganda, Mr Deputy Speaker, but Her Majesty’s Government’s position is clear: all people, wherever they are in the world, and whatever their sexual orientation, should have the same rights. We are active and will maintain the effort. We will work with a range of non-governmental and LGBT organisations to provide support and increase capacity. I am proud of the Government’s strong record on promoting LGBT rights and human rights at home and across the world. That is something on which we will not compromise.

Free, tolerant, open and inclusive societies are better able to fulfil the aspirations of their people. They are more resilient and more forward looking. A country that is accountable and treats its people with dignity is more likely to foster creativity, ingenuity and economic opportunity, which are all prerequisites for long-term stability and security.

That is why we want a Commonwealth that lives up to its values, in which all citizens are free to live their lives in a safe, just and equal society. LGBT rights remain a controversial issue in the Commonwealth. We are keen to see significant progress, but we recognise and acknowledge that it will take time. The Commonwealth secretary-general’s recent statement calling for the Commonwealth values to be upheld in respect of sexual orientation and gender identity is a welcome step.

The measure of a society is how it treats its minorities. The Government will continue to carry that message forcefully and ceaselessly to Uganda and more than 80 other nations that still criminalise homosexuality. Through my hon. Friend’s articulation and eloquence this evening, and in calling for the debate, he has helped to ensure that that important message is heard.

Question put and agreed to.