LGBT Rights (Uganda)

Debate between Pamela Nash and Crispin Blunt

Wednesday 2nd April 2014 Commons Chamber

[Crispin Blunt (Reigate) (Con)]

I understand that the World Bank has conducted a study of the economic effects of discrimination in foreign countries. I am told that the sum effect of the discrimination that is driving multinationals away from countries where there are such laws has been a reduction of up to 1.6% in GDP. I do not have the references, but this is a straightforward economic argument: what is being done in Uganda is absolutely not in its own economic interest.

[Pamela Nash]

I do not have the figures to hand either, but I have no doubt that the hon. Gentleman, who is showing great interest, respect and dedication in relation to these issues, is right. I am sure that the public will soon correct us on Twitter if that is not the case.

I should like to hear from the Minister whether the Foreign Secretary intends to raise at the EU-Africa summit in Brussels next week the issue of travel bans, sanctions or any other action against countries and individuals who have shown themselves to be homophobic in recent months, and whether he will be advocating to other Governments travel bans or any other action in relation to those who preach hatred.

I must now put on my all-party group chair hat. I chair the all-party parliamentary group on HIV and AIDS, and I want to say something about the problems that the Ugandan legislation will cause to people with HIV. The HIV epidemic began 30 years ago, and Lake Victoria was its epicentre at that time. It then became the epicentre of the response, and there was great success in preventing HIV transmission in Uganda, but today, sadly, Uganda is the only country in Africa where HIV rates are increasing, and the Anti-Homosexuality Act will not help at all.

Uganda’s health Minister, Dr Rugunda, has claimed that the Act will not affect the fight against HIV and will not prevent men who have sex with men from seeking testing and treatment, but I do not see how that can be the case. The Act criminalises just knowing that someone is taking part in

“homosexual behaviour and related practices”,

It thus threatens to divide or imprison families, and will cause men who have sex with men to fear visiting health professionals in case they are turned over to the authorities. They will not accept that reassurance from a Minister who has just passed such a draconian law against them and their community.

I consider the Act to be, quite simply, a violation of the human rights of the Ugandan people. It contradicts Uganda’s constitution, which states:

“All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.”

Unfortunately, the LGBT community in Uganda no longer has equal protection under the law. In fact it is now criminalised. The message being sent out is that LGBT people are worth less than the rest of the population, and this gives licence for all sorts of further discrimination.

I now want to turn to the matter of LGBT Ugandans who are leaving Uganda. Frank Mugisha said in a recent interview that he was one of only about 20 out gay men in Uganda. I find that figure astonishing, but given the information we are hearing about it is not a surprise. The fact, however, that only 20 are out in an entire country and that everyone is leaving is shocking.

I want to raise the case of Jackie Nanyonjo, who sought asylum here in the UK as a Ugandan lesbian. She was deported after the UK Border Agency reportedly told her there was not enough evidence to prove she was gay. It has been reported that during her removal from the UK in January last year she sustained injuries when struggling with four Reliance guards escorting her on a flight to Uganda on behalf of the UKBA. When she was handed over to the Ugandan authorities upon arrival at Entebbe airport, she was detained for hours without medical attention and when her family arrived she was in severe pain and was vomiting blood. Because of the nature of her case with UKBA and her removal and the handing over of her to the authorities, her sexuality was exposed in Uganda and she and her family felt unable to seek medical treatment when she was allowed to go home as that would have put them in serious danger. Jackie died at home two months after this incident. This is not acceptable and it is not unique.

While I obviously understand that the Government will have big concerns about asylum seekers claiming they are gay even though they are not in order to gain leave to remain, I have to ask the Minister what discussions his Department has had with the Home Office on its policy of granting asylum to LGBT people from Uganda and other countries with homophobic legislation, and whether this policy has changed given the real threat to the lives of LGBT activists in Uganda and other countries in which this level of state-sponsored homophobia is rapidly rising?

The final major area I want to cover is the current support for related projects in Uganda. The Under-Secretary of State for International Development said to the House and in private meetings recently that DFID is undertaking a full review of expenditure in Uganda following the passing of the Anti-Homosexuality Act, and I agree that that is necessary. The total expenditure must be protected and must definitely not be cut, but we must ensure it is spent wisely, and perhaps is used for the protection of people who may not be getting protection from anyone else at the moment.

I am concerned that, as far as I am aware, no details of this review have been published. I was also concerned to learn that the only resource that has been dedicated to this important task is 10% of the time of a single civil servant. I do not think that commitment is enough for such an important task. Can the Minister confirm that this is indeed the case, and will he share with us some details about the review and when we might expect its findings to be published?

I was also concerned that the Under-Secretary of State for International Development confirmed to me recently in response to a written question that DFID has been financially contributing to the Inter-Religious Council of Uganda. This organisation has been extremely vocal and public in its support of the Anti-Homosexuality Act. Indeed, Church leaders were out in force at the parades at the weekend and the recent public celebrations of the passing of the Act. I also have concerns about DFID’s financial support for the Ugandan Parliament’s Committee on Human Rights Affairs, which sat back and offered no scrutiny whatsoever of a Bill that was blatantly in breach of the human rights of Ugandan people, and the Members of Parliament on the Committee supported the Bill. Has the Minister discussed this expenditure with his colleagues at DFID? Can he explain how this happened, and what measures are being taken to ensure that never again will UK taxpayers’ money be spent on campaigning against human rights? May we also have a reassurance today that money is not being spent on any other organisations in Uganda that promote this Bill, or on organisations in any other countries that are campaigning against LGBT rights and human rights more generally?

This DFID funding was funnelled through Uganda’s democratic governance facility, which is also funded by the EU and six other European countries. Will the Minister ask the Foreign Secretary to raise this issue with his counterparts at the EU-Africa summit, and review expenditure and support to organisations that have been actively promoting the Anti-Homosexuality Act?

Sadly, Uganda is not the only country with anti- gay legislation, as has been mentioned in interventions. I fear that we are on the brink of many countries intensifying their anti-homosexuality legislation. According to the Human Dignity Trust, as of 2014, more than 80 jurisdictions, including some 80% of the 33 Commonwealth countries, have existing laws criminalising private consensual sexual conduct between adults of the same sex, making the expression of their identity illegal and punishable by imprisonment and sometimes even death. The most notable cases include Nigeria, which signed a new anti-gay law in January modelled on the Uganda Bill. Earlier this month, it was reported that four men aged between 20 and 22 had been convicted of homosexual conduct under sharia law. They were whipped publicly as punishment in an Islamic court in northern Nigeria. They were among dozens caught in a wave of arrests after Nigeria passed the Same Sex Marriage (Prohibition) Act in January.

We have also heard reports that the majority leader in Kenya’s national assembly has described homosexuality as a problem in Kenya on the same scale as terrorism, and suggested that it should be handled in the same way. There is also a copycat private member’s Bill of the Uganda Bill making its way through the Kenyan Parliament.

Ethiopia is heading in the same direction. Several sources have reported that legislators there are expecting to pass into law a Bill that would make same-sex acts a non-pardonable offence. Recently, India took the retrograde step of reversing a landmark 2009 Delhi high court order that had decriminalised homosexual acts. This was a major blow to human rights in India and further demonstrates this dangerous trend. The many people who came out as a result of homosexuality being legalised in India now face the prospect of being out in a country where their sexuality has been deemed illegal.

The UK has long been and still is a proud advocate of human rights, and we are strongly pushing the rights of women and girls in our foreign diplomacy and international development programme. I commend the Government for this work and for speaking out on the human rights of LGBT people, but I do not think those rights have been given the same prominence in international relations as those of women and girls. Despite the Foreign Secretary having spoken out repeatedly and strongly against the Anti-Homosexuality Act when it was eventually passed, it appeared that little action was taken. The most obvious action would have been to call the Ugandan high commissioner in London to the Foreign Office, but it took weeks before this was done and it only happened after I raised the issue in a Westminster Hall debate and tabled a written question.

Some Back Benchers and Front Benchers have been cautious about talking about this issue in this place, for fear of being accused of imperialism—of cultural export. However, this is not the west versus the rest of the world: this is good versus ignorance. It is not homosexuality that the west has exported to Uganda, but homophobia.

Friends in Uganda, including Frank Mugisha, have told me that homophobia was not a big issue in Uganda 20 years ago. Being gay was not widely accepted, but it was a part of life there, and hate speech was not. Similarly, campaigning against the LGBT community was not an issue. If we fast-forward to the past five years, we can see that the homophobic elements of the US evangelical movement have been proactively stoking revulsion towards the LGBT community. Pastors including the infamous Scott Lively have toured Uganda and had a major impact on public reaction to homosexuality. They have managed to distort public opinion and have now linked homosexuality to paedophilia, as is made clear in the wording of the Anti-Homosexuality Act.

I am pleading with the Government to protect those at risk of human rights abuses in Uganda by providing security and protection measures, and by undertaking suitable human rights monitoring. I ask them to use every lever in their power to halt this trend towards regressive anti-homosexuality legislation. We have a responsibility to protect those at risk, and I ask the Government to act quickly.

[Crispin Blunt (Reigate) (Con)]

I congratulate the hon. Member for Airdrie and Shotts (Pamela Nash) on securing this debate, and thank her for supporting me when I had a debate on this subject. I further congratulate her on securing a slot that means we can actually debate this matter properly. I am not sure whether you had something to do with that arrangement, Mr Speaker, but I know that you are the president of the Kaleidoscope Trust, an organisation set up to support activists in countries in which LGBT rights are oppressed. I have the privilege of being the chairman of the parliamentary friends of the Kaleidoscope Trust.

I salute our two parliamentary colleagues in Uganda, whom the hon. Lady knows, who have been brave enough to speak out against the Anti-Homosexuality Act. That has been a pretty tough call for them, and it is brave of them to take that position against the overwhelming popular and parliamentary attitude. We should register our support for them and for the position they have taken.

I want to pick up on a couple of the issues that the hon. Lady has raised. I welcome the review that the Home Secretary is now undertaking of our handling of cases in which people have claimed asylum following discrimination on the ground of their homosexuality. That review is long overdue. The commitment to give refuge to LGBT people seeking asylum from oppression in their own country was in my party’s manifesto, as well as in that of the Liberal Democrats. Given that both parts of the coalition supported it, it should have been in the programme for government. It is also the stated position of the United Nations, and there has now been a Supreme Court ruling that people should be able to expect to live their lives as they are. Those are therefore the standards that people expect when they claim asylum and freedom from persecution. The disgraceful stories of how the UK Border Agency has handled some of these cases in the past few years are now, happily, a matter of public record and have caused the Home Secretary to take this extremely welcome action.

I put it to the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire), that our failure and the wider failure of the global community to prevent this legislation from getting on to the statute book in Uganda will cause a wave of people who are desperate to escape persecution to come here, and that we have a duty to give them refuge, as we have done in the past for people who have been persecuted in other ways. That such people will come to the United Kingdom and other parts of the world to escape persecution will in part be a consequence of our failure as a global community to prevent this legislation from being passed, and of our failure to assist countries that already have such legislation to get rid of it or not to enforce it, as happens in much of the world.

[Pamela Nash]

It is not often I have cause to praise the current Scottish Government in this House, but I would like to make hon. Members aware that they have offered to take any LGBT Ugandans who are claiming asylum and have called on the UK Government to grant them asylum and send them up to Scotland.

[Crispin Blunt]

I am not entirely sure it is within the purview of the Scottish Government to do that. Perhaps they are being a little previous in the powers they think they will have. I anticipate that they will not get such powers in September—at least I hope they will not.

We have had a discussion about the economic impact of this law, and the hon. Lady followed up on the point about how a very small proportion of the work of a civil servant is devoted to this issue. I wish to contrast that with the fact that we appear still to have a prosperity officer sponsored by the UK in Uganda. If the Ugandan Government and Parliament are taking a pistol and blowing their toes off as far as their economy is concerned by passing these kinds of measures, I am slightly puzzled as to why the UK should then think it appropriate to pay for a prosperity officer to be in the country to assist the Ugandan Government in trying to repair some of the damage they have inflicted entirely on themselves.

Let me now deal with the issue of travel bans by repeating to the Minister the message I have already given in this House: at the moment, it looks as if the Government are in absolutely the right position, giving overtly all possible assistance, short of actual help. We are not actually asking for changes to the amount of money that the Department for International Development gives Uganda. We are expecting the money not to go anywhere near the organs of the Ugandan Government and to ensure that it goes to civil society associations that are not associated with this kind of persecution or oppression and that do not support it. The Prime Minister eloquently made the case about the effectiveness of travel bans in respect of Russia’s behaviour over Crimea. Targeted travel bans against people who have been responsible for the promotion of this legislation are exactly the right policy response to bring things home to the individuals who have made it part of their work to get this wretched Act on to the statute book and to create the climate in which it is then enforced. We ought to be in the business of stopping their travel to the United Kingdom and, we hope, to the European Union, and then beginning to examine any assets they may have in the UK.

In the first instance, therefore, we should be considering a travel ban. Mr Deputy Speaker, top of the list for a travel ban is your colleague the Speaker of the Ugandan Parliament, Rebecca Kadaga. She has played a leading role in the passage of this Bill through the Ugandan Parliament and its becoming an Act. The story of how she reacted to advice given in Canada is perhaps a lesson that we ought to learn about how one can have a negative impact through campaigning, but the fact is that even if her mind was changed in a highly negative direction by people imploring her to do the right thing in other parts of the world, that does not mean that she should be allowed to get away from the fact that she has done an absolutely evil and wrong thing to LGBT people in Uganda and to the reputation of her country.

Rebecca Kadaga should be top of the list for a ban on travel to the UK, but she is closely followed by David Bahati, the Ugandan Member of Parliament who proposed the original Bill in 2009—that Bill stipulated the death penalty for homosexual acts. After the passage of the Bill in Parliament, he was quoted in the media as saying:

“I am glad the parliament has voted against evil. Because we are a God-fearing nation, we value life in a holistic way. It is because of those values that members of parliament passed this bill regardless of what the outside world thinks”.

I think we should make it perfectly clear what the outside world thinks, by banning his travel to the United Kingdom.

Then there is Mr Simon Lekodo, the Minister of Ethics and Integrity, which is amusing if one has a black sense of humour. Mr Lekodo was sued by four brave LGBT activists, on behalf of the whole LGBT community in Uganda, for interrupting and closing a capacity-building workshop in Entebbe in February 2012. His extremely homophobic comments are frequently quoted in the media.

Then there is Mr Lekodo’s predecessor, Nsaba Buturo, whose strong support for the anti-homosexuality Bill has also been widely reported. He is apparently of the view that the United Nations has a surreptitious mission to impose on sovereign countries the acceptance of homosexuality.

Then there is the role of Stephen Tashobya, the Chair of the Legal and Parliamentary Affairs Committee of the Ugandan Parliament. It was his Committee that chaired and completed the report on the anti-homosexuality Bill for the Parliament, and the Bill was passed on the basis of its findings.

Going wider than Parliament, we have the people, the so-called Christians, who created the climate under which this wretched legislation was passed. I am not sure that the version of Christianity that I would want to understand and recognise is so filled with hatred of other people as it appears to be in Uganda. Pastor Martin Ssempa of the Makerere Christian centre has been on Ugandan television to demonstrate with fruit and vegetables how he believes that gay men and women have sex. I am sure that that must have been particularly enlightening.

Pastor Solomon Male of the coalition for the advancement of moral values is another strong religious voice in favour of the Act. The coalition compiled and distributed to MPs a brief urging them to pass the Act.

Then there is the utterly disgraceful wrong of some of the popular press in Uganda. What possible case can there be for allowing the senior staff of the tabloid Red Pepper to come to the United Kingdom, particularly in the light of their incitement to hatred by the listing of 200 so-called homos in Uganda? Why should Richard Tusiime, the chief executive officer; Arinaitwe Rugyendo, the chief marketing officer; James Mujuni, the chief commercial officer; Patrick Mugumya, the chief operations officer; Johnson Musinguzi, the chief finance officer; Ben Byarabaha, the news editor; or Gazzaman Kodili, the deputy news editor be allowed to come to the United Kingdom? They surely should be subject to a travel ban. As should be the disgraceful Giles Muhame, the editor-in-chief of ChimpReports, but formerly the managing editor of the weekly tabloid newspaper Rolling Stone (Uganda), which was absolutely associated with the incitement to hatred that led to the murder of the Ugandan gay activist, David Kato. His murder was almost certainly a consequence of the climate of opinion that was created by that newspaper, which called for the execution of gay people.

This is an immensely serious issue. The hon. Lady referred to the regrettable tide against what had seemed to be a steady march of progress, enlightenment and decency around the world. That march, which has been in progress in our own country for 50 years, was marked so wonderfully last weekend by the first same-sex marriages. I urge my right hon. Friend to ensure that the United Kingdom continues to deserve its proud reputation of standing up for rights in this area and to find ways to back up our fine words with action.

Ugandan Anti-homosexuality Law

Debate between Pamela Nash and Crispin Blunt

Wednesday 12th February 2014 Commons Chamber

[Mr Crispin Blunt (Reigate) (Con)]

The Anti-Homosexuality Bill was passed by the Ugandan Parliament on 20 December 2013. It is now with President Museveni to be signed, returned with amendments or ignored, in which case it will become law automatically.

The law will extend the existing colonial anti-sodomy laws. It threatens maximum life sentences for those who commit a new offence of aggressive homosexuality, which is repeatedly to have homosexual sex, to have homosexual sex when HIV-positive, or with a disabled person or minor. Landlords will face imprisonment for renting to homosexuals or LGBT—lesbian, gay, bisexual and transgender—organisations. The promotion of homosexuality will now be banned, which will effectively outlaw LGBT organisations and charities and significantly hamper HIV/AIDS work.

If this law is passed, Uganda will join a club of nations not only committed to the criminalisation of homosexual acts, but determined to expand legal discrimination beyond the normal boundaries of historical bigotry. The year 2013 was a disheartening one for LGBT activists worldwide: Nigeria and Russia passed and enacted their versions of the Anti-Homosexuality Bill, India took a step backwards as its Supreme Court re-criminalised the sexual practice of one of the world’s largest LGBT populations, and the Singaporean Supreme Court rejected an appeal against its colonial era sodomy laws.

Those who support international human rights cannot accept that trend with a sense of mute, inert inevitability. Ugandan activists have demanded that we act; let us not fail to hear them. As the Parliamentary Friends of the Kaleidoscope Trust are aware, last week I and colleagues met Dr Frank Mugisha, the director of Sexual Minorities Uganda, which is Uganda’s largest LGBT group. Although we cannot and should not be seen in the developed world as dictating the direction of local LGBT movements and inadvertently making their position even more difficult, Dr Mugisha was unequivocal about the necessity of our support.

The Bill’s supporters have repeatedly labelled homosexuality as alien to Africa, and as yet another element of western cultural imperialism, along with global brand fast-food restaurants, capitalism and secularism. That is a wishful fantasy for the African homophobe. Far from being esoteric or non-existent, the history of African homosexuality is increasingly well documented. In pre-colonial Uganda alone, same-sex relationships existed among the Bahima, Banyoro and Baganda tribes. The Iteso and the Lango tribes sanctioned men of alternative gender status, and the Lango even allowed mukodo dako, as they called them, to marry.

In fact, one western import is notably responsible for the current homophobia that is rife in Uganda—a hateful strand of Christianity, of the sort that prompted British sodomy laws to be enacted throughout the empire that still scar much of the Commonwealth. Those laws have been used as a fig leaf for bigotry. They represent the worst of the repressive colonial inheritance, not the well-intentioned colonial era good Samaritans, and those who wished to love their African neighbours as themselves. This aggressive, authoritarian version of Christianity is now preached by the disgraceful Scott Lively who, having mined the depths of prejudice in his own country, is now seeking to expand this hatred into Uganda.

A Christianity inclusive of homosexuality is not and should not be the exclusive preserve of western theologians. Archbishop Desmond Tutu made his feelings on the issue quite plain earlier this year:

“I would refuse to go to a homophobic Heaven. No, I would say sorry, I mean I would much rather go to the other place. I would not worship a God who is homophobic and that is how deeply I feel about this. I am as passionate about this campaign as I ever was about Apartheid.”

President Museveni has committed himself to signing the Bill if homosexuals can be proven to be made and not born. I believe that he well understands the actual answer, but a group of so-called scientists have duly presented themselves to establish it. These scientists are led by Members of Parliament with scientific backgrounds from Museveni’s own ruling NRM—National Resistance Movement—party. Their lack of independence is not the only issue. One of them, Dr Kenneth Omona, told the The Observer of Uganda:

“In one study [it is] revealed that actually 50 per cent of the homosexuals revert to heterosexuality if rehabilitated in time. This, in itself, reveals a behavioural aspect”.

That unnamed study seems to be the mainstay of Dr Omona’s views on the issue. If only he listened to his former allies in this area. Exodus International, which used to be the largest international gay cure agency, shut down its operations in 2013 and issued a public apology.

More substantively, the views of those scientists conflict with the opinion of the major medical authorities, including the Royal College of Psychiatrists and the American Psychological Association. The Psychological Society of South Africa wrote an open letter stating as much to President Museveni in 2009. All those bodies confirm that homosexuality is the result of complex environmental and biological factors.

The supposed scientists may be high and dry intellectually and well away from the mainstream of global scientific opinion, but they draw on a rich vein of popular prejudice. If they were truly scientists, they would be ashamed of that. Another member of the commission, Dr Bitekyerezo, reduced the arguments for homosexuality’s biological connections to a belief in a single homosexual gene. Political courage and scientific objectivity seem to be wholly absent.

Another reason that is cited for the Bill is that it will protect the traditional African family unit. Beyond the difficulty of isolating a traditionally heterosexual African family, that claim founders under demographic evidence. The two countries with the highest fertility rates are Niger and Mali. They do not criminalise homosexuality and nor do 40% of the top 10 countries with the highest population growth rates.

A purported aim of the law is to help prevent the spread of HIV/AIDS and specifically to target those who are HIV-positive. However, the belief that criminalisation decreases the spread of AIDS is a dangerous misconception. UNAIDS, Festus Mogae, the former President of Botswana, and the Zambian First Lady, Christine Kaseba-Sata, are among the many who have called for decriminalisation as a means to halt the spread of infection. The Lancet has even found that:

“The odds of HIV infection in black”

men who have sex with men

“relative to general populations were nearly two times higher in African and Caribbean countries that criminalise homosexual activity than for those living in countries where homosexual behaviour is legal.”

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

I congratulate the hon. Gentleman on securing this extremely important debate. I would have been at the meeting last week, had I not been off with ill health. If the Bill is passed on 24 February, not only will it criminalise sexual acts, but it will mean that if somebody knows that another person is homosexual, they will be expected to report them. Does he agree that that will affect people who need treatment, because they might think that the doctor will be obliged to tell the authorities of their homosexual behaviour?

[Mr Blunt]

I absolutely agree with the hon. Lady. I am extremely grateful for her intervention and support. She makes her point extremely well. The consequences of many aspects of the Bill will be simply appalling.

The International HIV/AIDS Alliance has naturally raised fears that the clauses that obstruct promotion will hamper HIV/AIDS charities in working with the LGBT community. HIV/AIDS treatment is dependent on equitable and non-discriminatory access to health care. The grounds on which the Bill is being justified are therefore not only false, but criminally dangerous.

Similarly, the Bill focuses on the protection of minors, thereby conflating homosexuality and child abuse. There is no denying that Uganda has a problem with child abuse. The Ugandan police force reported that it was the second most reported crime in 2011, the vast majority of it being between adult males and young girls. Clearly, what Uganda needs is not further criminalisation of homosexuality, but stronger legal action on child abuse. The confusion of those two separate issues is not only dangerous for the LGBT population; failing to deal with the real problem puts the children of Uganda at risk.

Sexual Minorities Uganda has suggested a range of amendments to the Bill that would better serve the Ugandan people in the effort to prevent child abuse and the spread of HIV. The first is to make the laws on sexual offences gender neutral. The second is to ensure that there is a system of mandated reporting of child abuse. The third is to commit the Government to addressing the risk factors associated with child sexual exploitation. The fourth is to prevent discriminatory access to health care, in line with Uganda’s own HIV and AIDS Prevention and Control Bill of 2010.

If President Museveni implements the suggested amendments, or others of similar effect, he will live up to the constitution of Uganda, the Commonwealth Charter and the African Charter on Human and People’s Rights. They all enshrine the right to freedom from discrimination. He will have bravely stood up for what is scientifically sound and socially decent.