Uganda (Human Rights)

Pamela Nash Excerpts

Tuesday 24th April 2012 Westminster Hall

[Pamela Nash (Airdrie and Shotts) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray, and to follow the hon. Member for The Cotswolds (Geoffrey Clifton-Brown) in the debate. I was in Uganda for the 2010 elections, and to see the deterioration in the atmosphere in Uganda and the violent acts taking place at the moment was horrific.

I congratulate the hon. Member for Strangford (Jim Shannon) on securing today’s debate. His speech touched on the effect of “Kony 2012”, which was astonishing, mobilising people throughout the world. While there has been some criticism of the film, the intention was clearly to simplify the issue and to communicate it to the masses, which it certainly did. Young people took to the streets in cities throughout the world during the weekend to show solidarity with the victims of the Lord’s Resistance Army in the great lakes region.

Although the LRA has now been driven from Uganda, it is still active in the regions. Tragically, as the hon. Gentleman stated, tens of thousands of people in Uganda are still suffering from the aftermath of Joseph Kony’s terror spree. Families are displaced from their homes and villages. Men, women and children are living with the shame of being raped under Kony’s command, while others have to cope every day with the disabilities forced on them after being mutilated by the LRA. Joseph Kony remains a wanted and indicted war criminal, and I hope that the attention that has shone on him through the campaign will lead ultimately to his capture.

Let me take this opportunity to congratulate the many non-governmental organisations that are working in the area to rehabilitate former child soldiers who were captured by the LRA. Voluntary Service Overseas is working with young people in north Uganda to empower them with skills to develop their own businesses. One of those young people is Betty, and a synopsis of her story will provide a good example of the tens of thousands of children that VSO is helping.

Betty was abducted aged just 15 and immediately married to an older man who was a lieutenant in the LRA. She was forced to kill people with an axe. She once tried to escape with a group of other women, but when they were caught, she was beaten with 100 strokes and still has health complications as a result of that attack. When she did finally escape, she discovered that she was HIV positive and had to return to her village with two children as a result of her marriage. She said that she felt stigmatised and was no longer accepted in her village, and she was left on her own to look after her children. With the support of VSO, Betty and other women and children like her have been able to set up their own businesses. Betty now has her own bakery in Gulu in northern Uganda. Help is getting to the area, but I ask the Government to do what they can to support such ventures and help the rehabilitation of victims of that war.

I wish to touch on another subject that has been briefly mentioned today and concerns human rights, which is the situation of homosexuals in Uganda and the abuse and vilification of that community. Last year, shortly after I returned from Uganda, the first man to live openly as a homosexual in Uganda paid the ultimate price—his life—for standing up for the courage of his convictions. His name was David Kato, and he was the executive director of Sexual Minorities Uganda. His brutal murder in his own home shocked people throughout the world, including many Members present in the Chamber today.

As chair of the all-party group on HIV and AIDS, I have been privileged to work with David’s successor, Frank Mugisha, who I am pleased to say was recently awarded the Robert F. Kennedy human rights award. He is respected in the United States and in this country for his work in Uganda, and he is currently risking his life to lead the fight against the anti-homosexuality Bill that is going through the Ugandan Parliament at the moment. As we know, that Bill could introduce the death penalty for homosexuals in Uganda. Not only would that be a retrograde step for human rights, but it could be severely damaging for public health in Uganda, given the HIV epidemic that still has hold of the country.

Criminalising a section of the population that is highly at risk of contracting HIV and denying people access to basic services, health care and education about the epidemic undermines individual human rights and could pose a devastating threat to public health in a country where more than 1 million people have been diagnosed as HIV-positive. Such a situation would be further undermined by the Bill on HIV and AIDS control and prevention that threatens not only the confidentiality of clients, but efforts to prevent the spread of the disease.

To make progress against the HIV epidemic we must encourage Uganda to take a pragmatic, public-health orientated approach, much like the one I saw when visiting Kenya, Uganda’s neighbour. There, even though homosexuality remains an offence, reaching out to homosexuals and educating them about the risk of HIV and how to protect themselves is seen as a public health matter and beyond that legislation. What works is to respect human rights, including the human rights of men who have sex with men, to enable to them to get access to HIV prevention and education services.

One of the most challenging aspects of the issue is that myths surrounding homosexuals and their activities are propagated by outsiders in Uganda. They have helped to perpetuate myths associating homosexuality with paedophilia, and politicised an issue that had previously remained underground for many years. When I was in Uganda, I saw publications such as Rolling Stone, which was allowed to out homosexual men in Kampala, leading to horrific violent attacks against them. However, outsiders can make a positive difference, too, and I welcome the strong line that the UK Government have so far taken with countries that impose harsher penalties for men who have sex with men. International pressure played a huge role in the withdrawal of the anti-homosexuality Bill in Uganda last year, and I hope that that will continue.

The issue is a difficult and controversial one to raise. Talking so openly about sex and relationships can be difficult in our own culture and society, never mind in Uganda, but it is imperative that we frame the concerns in the context of human rights abuses, rather than solely talking about gay rights. The things that have happened are human rights abuses. As I have said, I am privileged enough to have visited the beautiful country of Uganda several times, and it is close to my heart. Like many countries, Uganda has a huge diversity of cultures, peoples, attitudes and beliefs. We cannot assume that the intolerance and hatred that are propagated in some sections of the press are reflected in the whole of society in Uganda. As Frank Mugisha has said:

“Still, I continue to hope. There are encouraging times when my fellow activists and I meet people face to face and they realise we aren’t the child-molesting monsters depicted in the media. They realise we are human, we are Ugandan, just like them.”

The right to marry is far from the minds of homosexuals in Uganda. All they are asking for at the moment is the freedom to live their lives without fear and discrimination—or possibly, even, the freedom to live at all. The message that I have from activists for homosexual rights in Uganda is that they do not want our country to withdraw aid from theirs. As they told me, they need to eat, too, and they need health care, too. What they want is for us to use our influence and discuss human rights for everyone in Uganda, as we are doing today. I hope that the Government will continue to use their influence in Uganda to stress that message at the highest level.

--- Later in debate ---

[Kerry McCarthy]

I do, indeed. I remember when I was in Uganda that Kony’s deputy, Vincent—his surname escapes me—was phoning in on Bush radio and taking part in talk shows. It seemed rather strange that although technically they were in hiding, in some ways they were quite visible. Yet, no one had managed to track them down and arrest them. We know that the LRA has been seen in the DRC and in South Sudan, and there is a real fear that it could be regrouping or that atrocities are being carried out in those areas, too.

The UN has also expressed concerns about acts carried out by the Uganda People’s Defence Force. There have been allegations of rape, torture and use of lethal force, especially during political demonstrations. Opposition politicians, their supporters and some journalists have faced harassment, beatings, and arrest. The hon. Member for The Cotswolds (Geoffrey Clifton-Brown) listed in some detail the pressure that Opposition politicians have been put under. The hon. Member for Stourbridge (Margot James) mentioned—I think she was talking about the same incident—that, in January 2011, the police arrested 35 female activists from the inter-party co-operation coalition, who were protesting against the Electoral Commission of Uganda and accusing it of partiality.

There have also been reports—for example, by the UN Committee on the Elimination of Discrimination Against Women—that violence against women and girls in Uganda remains widespread. There is an inordinately high prevalence of sexual offences and although it is promising to note that Uganda has ratified the protocol to the African charter on the rights of women in Africa, much more needs to be done.

On press freedom, which was mentioned by the hon. Member for The Cotswolds, last year, Uganda dropped 43 places to 139th position out of 170 countries in the world assessed by Reporters Without Borders. Human Rights Network for Journalists-Uganda documented 107 cases of attacks on journalists in 2011, up from 58 in 2010 and 38 in 2009. Those incidents include shootings, physical attacks, unlawful arrest and detention, incarceration, denying the media access to news scenes, confiscation of equipment, defective and trumped-up charges and verbal threats. According to Amnesty International, at the end of 2011 up to 30 Ugandan journalists were facing criminal charges for activities that were a legitimate exercise of their right to freedom of expression.

[Katy Clark in the Chair]

Since the general elections in February 2011, a blanket ban has been in place against all forms of public assembly. I understand that President Museveni has been pressing Parliament to approve constitutional amendments that would curtail bail rights for people facing certain charges, including participation in protests. The proposed constitutional law would allow judges to deny bail for at least six months to people arrested for treason, terrorism, rape, economic sabotage and rioting.

It is the case that 56% of Uganda’s prisoners—more than 17,000 people—have not been convicted of a crime and are locked up awaiting resolution of their case, sometimes for years. According to Human Rights Watch, conditions in the prisons are appalling. Limited use of bail and inadequate legal representation contribute to the delays.

In the time left to me, I want to return to the subject raised by my hon. Friend the Member for Airdrie and Shotts—the anti-homosexuality laws. I am quite surprised: when this debate on human rights in Uganda was first called, I thought that the issue of lesbian, gay, bisexual and transgender rights would be at the top of the agenda, because it has achieved much coverage lately. I hope that when the hon. Member for Strangford quotes, “When they came for the communists”, “When they came for the trade unionists” and “When they came for the Jews”, he also includes in that list “When they came for the homosexuals”.

When I visited Uganda in 2007, the issue had just begun to raise its head. That was because LGBT activists had started campaigning for their rights to be recognised. I was shocked on one occasion when I was walking down the road to see a billboard for a newspaper saying something like “Homos arrested in march”. I had no idea that such language was still used. What was often said to me then was, “If only they’d keep it to themselves, they wouldn’t be bringing this attention on themselves and would be able to just carry on quietly.” That language has been used since time immemorial to stop people asserting their rights against discrimination and persecution.

As was mentioned, the Ugandan tabloid newspaper Rolling Stone published in 2010 the full names, addresses and photographs of 100 prominent and allegedly gay Ugandans, accompanied by a call for their execution. The headline was “Hang Them”. One of those on the list was leading gay rights activist David Kato, who was beaten to death in January 2011. He was murdered shortly after winning a lawsuit against a magazine that had published his name and photograph, identifying him as gay and calling for him to be executed. There was a suggestion that he had been robbed by someone, but most people do not give that allegation much credence.

Then there is the anti-homosexuality Bill currently before the Ugandan Parliament. The Ugandan penal code already prohibits consensual sex between individuals of the same sex. However, the Bill goes much further. It originally called for the death penalty for consensual same-sex acts, but now calls for life imprisonment. However, it still introduces the death penalty for the offence of “aggravated homosexuality”, which is defined as an HIV-positive man having intercourse with a man who is HIV-negative. It also punishes those who do not report within 24 hours violations of the Bill’s provisions. That applies to people who do not accuse others of being involved in homosexual activity if they believe that they have been. The Bill also criminalises the “promotion” of homosexuality.

The Bill has been widely criticised by human rights organisations and Uganda’s diplomatic partners. President Obama called the Bill “odious”. Thankfully, President Museveni publicly distanced himself from the Bill when it was brought before the Parliament in 2010 and 2011.

I was in Ghana recently with the Westminster Foundation for Democracy and ended up spending a day with a group of Ugandan MPs, who raised the subject with me. They said, “Whenever we see anyone from your country, all they want to talk about is our anti-homosexuality Bill.” It was disturbing that only one of the group was opposed to the Bill. All the others were supportive in varying degrees, and presented the old idea of predatory homosexuals preying on children as a child protection issue. They said that they did not care what people got up to in private, and that promotion was the real problem, but when I pressed them and asked why they were not just banning promotion, and why they were trying to impose life imprisonment—quite a few supported the death penalty—for consensual acts, they could not answer. That shows that there is still a long way to go.

Although the conversation was polite, it put us in a slightly difficult position. As one MP said, we took religion to them, and encouraged them to believe in certain things. We had a debate about whether it was a human rights issue, or a matter of religious belief, and whether that outweighs other people’s human rights. As they said, we told them that homosexuality was wrong when proselytising Christianity, but we are now saying that they must believe something else that we tell them. The colonialist agenda of trying to impose western values on them became quite an issue.

[Pamela Nash]

I have had similar conversations with Ugandan politicians. Does my hon. Friend agree that it is important to ensure that we are not seen as promoting a view or way of life on Ugandan people, but that the issue is human rights abuse? We need countries throughout the world to exert the sort of pressure that the UK Government are exerting. We must work with other Governments to ensure that we are not seen as an old colonial power imposing a belief on Ugandan people.

[Kerry McCarthy]

I agree with my hon. Friend. I was in Jordan recently, and was talking to a couple of women political activists from the Islamic Action Front, which is the political wing of the Muslim Brotherhood. We got on to issues such as gay rights, and alcohol consumption. Parts of Jordan are tourist destinations and women wear bikinis on beaches, and so on. We could not claim that wearing a bikini on a beach is a fundamental human right, but with gay rights there may be certain values, and we should not accept that people’s cultural or religious beliefs allow them to persecute or discriminate against people because of their sexuality.