Petition against Anti-Homosexuality Act in Uganda

Today a coalition of petitioners, including a law professor, former leader of the Opposition in Parliament, journalist, LGBT activists, and a current member of Parliament filed a Constitutional Court challenge of Uganda’s recently passed Anti-Homosexuality Act.

Excerpt from today’s press release:

“Prof. J Oloka-Onyango, Hon. Fox Odoi-Oywelowo, Andrew Mwenda, Prof. Morris ogenga-Latigo, Dr. Paul Nsubuga Semugoma, Jacqueline Kasha Nabagesera, Julian Pepe Onziema, Frank Mugisha, as well as the national organisations Human Rights Awareness and Promotion Forum (HRAPF) and the Centre for Health, Human Rights and Development (CEHURD) today filed a Constitutional Court challenge of the Anti Homosexuality Act, which was signed into law by President Museveni on February 24, 2014.

The petition was filed under the auspices of the Civil Society Coalition on Human Rights and Constitutional Law, a coalition of 50 indigenous civil society organisations that advocates for non-discrimination in Uganda. The petition, available at http://www.ugandans4rights.org and at http://www.hrapf.org, argues that the Anti Homosexuality Act violates Ugandans’ Constitutionally guaranteed right to: privacy, to be free from discrimination, dignity, to be free from cruel, inhuman and degrading treatment, to the freedoms of expression, thought, assembly and association; to the presumption of innocence, and to the right to civic participation.”

Ugandan courts have not missed their fair share of interference, but the judiciary is still a pillar of government that can exert some degree of independence from the executive, certainly more so than parliament. The legal community is vibrant and powerful, and not afraid to make their voice heard.

Daniel Kalinaki foretold the petition on February 20, just days before Museveni signed the bill, concluding, “Such a challenge would hold up the law in the courts for at least a couple of years. If the courts uphold it, it wasn’t me, the President would say. If they strike it down, it still wasn’t him. Throw in a few more years on appeal in the Supreme Court and you have a Bill all dressed up with nowhere to go.”

The coordination of those who have opposed the bill all along comes a bit late, but perhaps acting reactively is the best that could be done in the the face of overwhelming popular support. One thing is certain. The president comes out ahead regardless of the eventual ruling. It’s a “heads I win, tails you lose” kind of situation. A bit of a running theme around these parts.

Ugandan politics: history on repeat

2014-03-01 11.15.32

On Saturday, March 1, Ugandan Prime Minister Amama Mbabazi (@AmamaMbabazi) held his occasional tweetup, #askthePM. It was the best attended tweetup to date, with virtually all local media represented. And there was was plenty to discuss.

The primary topics included Uganda’s recently passed Anti-Homosexuality and Anti-Pornography laws, as well as party politics within the ruling party, National Resistance Movement. The Observer has captured much of the verbatim proceedings, so I won’t repeat them here. Instead, I’ll offer some thoughts on what Saturday’s discussion says about the current state of Ugandan politics. In short, we are watching history on repeat.

Recent events and Mbabazi’s comments suggest the younger generation of the NRM – amongst those most active in supporting the Anti-Homosexuality Bill – may be out of step with long-time cadres. Or rather, NRM youngsters (relative term, here) comprise an unwieldy arm that may wittingly or unwittingly push the party, once again, into some awkward contortions.

Mbabazi, like Museveni previously, suggested that he had never supported the Anti-Homosexuality Bill. He thought the new bill was redundant, since homosexuality was effectively banned in the existing penal code, thanks to British colonial laws. Further, unlike many Ugandan politicians (and pastors), Mbabazi said that homosexuality was not “un-African,” and has “always been here.” He contended that in Africa sexuality is a private affair, suggesting it should be left that way, with consenting adults left to do as they please.

Mbabazi’s comments, together with the reassuring statement from longtime NRM cadre and health minister Ruhakana Rugunda that, “All people whether they are sexual orientation as gays or otherwise are at complete liberty to get full treatment and to give full disclosure to their doctors and nurses,” suggest that the older generation of the NRM was caught flat footed by the speed at which the bill moved between December 2013 and February 2014. Younger MPs battling in a fiercely competitive electoral environment with no “historical” basis on which to draw support pulled it instead from populist, if draconian, legislation, and dragged everyone else along for the ride. It did not help that President Obama’s statement may have forced Museveni into a corner from which he had to come out and fight, ultimately signing the bill he had opposed not long before.

Flat-footedness and youthful scheming may have been a running theme for the month of February, and extended to Kyankwanzi, where Youth MP Evelyn Anite brought forward a resolution proposing President Museveni stand unopposed as the party president in 2016. Mbabazi contended that the position of the caucus, for which Anite is the spokesperson, was merely an opinion. But the consequences of this “opinion” cannot be so easily dismissed.  Anite’s proposal harkens back to another made by a young woman MP a decade ago. In 2002, then woman MP for Adjumani, Jessica Eriyo, made a motion to remove term limits at the meeting of the party’s (then, Movement’s) National Executive Council. The motion, like Anite’s proposal, took many by surprise, but its consequences were profound. History has a funny way of repeating itself, many times over in the case of Museveni’s candidacy.

And so here we are. The prime minister, who could have carried the torch, is taking fire, again, and MPs too young to remember any other president angle for his good favor, and their political careers.

Uganda’s Anti-Homosexuality Law

Below is a copy of the text from a piece published in the Washington Post’s Monkey Cage blog:

The rise of morality politics in Africa: Talk is cheap and dangerous, but wins votes

Melina Platas Izama

Ugandan President Yoweri Museveni today signed into law his country’s Anti-Homosexuality Bill. The passage of this bill is part of an emerging trend of morality politics in Africa and beyond, including but not limited to the criminalization of homosexuality. Legislating morality, unlike improving social services like health and education, is nearly costless for politicians. It is also extremely popular. Legislators in Africa struggle to hold onto political power, and the majority of their constituents view them as corrupt, according to Afrobarometer surveys. Electoral pressures, combined with politicians’ poor record of service delivery, make legislating morality an increasingly attractive option. In addition to winning votes, however, laws such as the criminalization of homosexuality can also be used opportunistically against both the public and political opposition.

Uganda’s anti-homosexuality bill, which has been under discussion since 2009, criminalizes homosexuality and provides a punishment of life imprisonment for “aggravated homosexuality.” The law delineates particular same-sex acts as “aggravated homosexuality,” including  sex with a minor or with a person with a disability, or if the offender is an HIV-positive person or a “serial offender,” defined as “a person who has previous convictions of the offence of homosexuality or related offences” (the Anti-Homosexuality Act, 2014: Sections 1 and 3). In the original bill proposed in 2009, “aggravated homosexuality” was punishable by death, and failure to disclose an offense committed by another person was punishable by imprisonment for up to three years. Both of these provisions were removed in the final version of the bill. However, in a news conference held immediately prior to signing the bill today, Museveni seemed unsure of the bill’s contents, asking his aides in the audience whether citizens were required to report on one another.

The anti-homosexuality bill reflects popular sentiment in Uganda, where 90 percent of respondents said that homosexuality was “never justified,” according to the World Values Survey, and 96 percent of respondents said that society should not be accepting of homosexuality, according to the Pew Global Attitudes Project. Uganda is no outlier on the continent. Kim Yi Dionne and Boniface Dulani, using all publicly available data on attitudes toward homosexuality in Africa, found that although higher levels of education, living in urban areas, and lower levels of religiosity were associated with greater support for same-sex rights, the vast majority of Africans oppose homosexuality. Dionne and Dulani point out, however, that the limited data collected on attitudes toward homosexuality in Africa fails to capture the salience of same-sex issues among ordinary Africans.

Uganda’s anti-homosexuality bill reflects trends across the continent in criminalizing (or re-criminalizing, since more than half of remaining “sodomy” laws worldwide are colonial relics) homosexuality. The reasons for the recent spike in anti-gay legislation (not limited to Africa, by the way) are still being debated. Guy Grossman suggests therise in evangelical Christianity and heightened political competition explain the political saliency of LGBT-issues. These bills are undoubtedly politically popular, and thus useful tools for garnering electoral support.

David Bahati, sponsor of Uganda’s anti-homosexuality bill, was one of a handful of parliamentarians to run unopposed in Uganda’s most recent elections in 2011, in a country where competition over parliamentary seats is rising with every election. An average of more than five candidates contested for constituency parliamentary seats in the most recent election, up from less than four in 2006. Around half of the incumbents who ran for reelection were voted out of parliament in 2011. Bahati was subsequently elected vice chairman of the caucus of the ruling party, the National Resistance Movement (NRM).

At the presidential level, backlash and condemnation from Western countries, including the United States, where President Obama issued a statement warning Museveni that signing the bill would “complicate” the United States’ relationship with Uganda, have produced a rally-around-the-flag effect, where even Museveni’s most staunch opponents and a usually critical media have applauded his decision. Some have argued that he is calling Obama’s bluff, leveraging Uganda’s military role in the region. In any case, his signature, appended just weeks after members of his partypassed a resolution in support of his bid for a fifth term in 2016, must be seen in the context of a presidential campaign season that has, for all intents and purposes, already begun.

Recent “moral” legislation extends beyond homosexuality, however, and focusing on the salience of LGBT issues may obscure other arenas in which moral dictates are being employed for political purposes. The signing of the anti-homosexuality bill in Uganda comes just weeks after the signing of the Anti-Pornography Bill, widely reported by local and international media as the “mini-skirt ban,” despite no mention of skirts in the bill itself. Legislating morality may seem odd in a country where more than three quarters of survey respondents believe “some of” or “most of” parliamentarians are corrupt, according to Afrobarometer data, but perhaps it is precisely because of their credibility deficit that politicians are employing moral dictates as a nearly costless alternative to delivering the goods and services that are so badly needed.

In addition to serving as quick and cheap political wins, these laws can also be easily converted into tools for political witch hunts. Ashley Currier demonstrates how leaders of the ruling party in post-colonial Namibia have used political homophobia to stifle dissent. Uganda’s political opposition seems all too quick to forget that opposition leader and former presidential candidate Kizza Besigye was jailed andtaken to court on rape charges (in addition to treason and terrorism) in advance of the 2006 presidential election. The charges against Besigye were eventually dropped, but with Uganda’s new laws come a new arsenal of offenses; offenses that can mark if not jail a political candidate for life.

Apart from the intended consequences of these laws, unintended, if not unforeseeable, consequences are already becoming apparent. In countries where mob justice is a common replacement for weak or non-existent law enforcement, these laws give way to everyday opportunism. Immediately after the passing of the Anti-Pornography Bill, women wearing short skirts in Uganda’s capital city, Kampala, were reportedly attacked, disrobed and robbed. The Uganda Police Force had to issue an immediate warning against perpetrators of these attacks. Although it is too soon to tell whether citizens will also take the new anti-homosexuality law into their own hands, recent events in Nigeria suggest that mob justice against suspected or accused homosexuals may be swift, and potentially deadly.

Bad news sells, are you buying it?

Published online April 3, 2012

In the past several weeks there has been much discussion of Africa’s image, prompted in large part by the Kony 2012 video (which has become too exhausting to discuss at this moment).

There are perpetual debates about Africa’s leadership, political or otherwise, and the prospects for continent’s future. These conversations are played out everywhere from the airwaves to your neighborhood bar.

The arguments are not new. Africa gets a bad name and her image is tarnished by unrelenting negative press.  Western media, it is argued, is particularly problematic, projecting an image of Africa that paints Africans as both hapless and helpless and the western world as their saviors. The stories that sell are those that deal in death and violence, poverty and hopelessness.

At the same time, the debates on local radio stations and in the streets are often just as pessimistic. Headlines in local papers highlight corruption scandals, the failure of public services and violent deaths.

Why is it so much easier to sell and tell a negative story? The western media alone are not the culprits; bad news sells everywhere. And the pubic is complicit, after all, as consumers of bad news. Critical views, especially those aired publicly, are important for accountability and multi-sided public debate is valuable in its own right. But at some point we have to interrogate our own role in shaping the debates about society, politics, and progress.

I recently returned to Kampala after a 6-month sojourn in the U.S. and as always, I am always amazed by the changes that have taken place while I was away. Granted, I am occasionally greeted by the expansion of a pothole I thought had finally been filled up for good, but more often than not, the changes are positive ones.

Every time I come back there are new buildings that have gone up, new shops that have opened, and new businesses and products breaking into the market. The streets of Kampala are cleaner and less cluttered than when I left them. Fewer matatus crowd the roads and public buses bustle efficiently through town. City garbage collectors dash to their trucks with bags full of trash and scoop up plastic bottles that have clogged drains and ditches. The same is also true, though less surprising, whenever I visit Rwanda.

This time around, I arrived in the midst of a roaring debate about who was responsible for the death of a policeman who had been hit in the head with a stone during a demonstration by the opposition group, A4C. Following this incident, Ugandan president Yoweri Museveni visited the home of the fallen officer, and photos of him with the grieving family were splashed all over the papers. The policeman’s clearly meager existence prompted debates about the poor pay and living conditions of the police, and many saw President Museveni’s house-call as a political maneuver.

I struck up a conversation with a cab driver one evening not long after the demonstration. The young man fully blamed the policemen for the unfortunate event, and remained an ardent supporter of de facto leader of the opposition, and the leader of that particular demonstration, Kizza Besigye. The young man had lived under the same president his entire life, and was tired of Museveni. University graduates can’t get jobs, he said, and everything is run by members of the same ethnic group – the president’s ethnic group. There is no change, he said.

We drove past one of many multi-storied buildings under construction. What about all this construction, I said, pointing – this city is growing and changing every day. He laughed. That building is owned by one of five people, like all the buildings in town. Both of his mobile phones began ringing and we drove on.

There is much to be frustrated about when it comes to governance and political leadership, whether you are in East Africa or elsewhere. Change does not come soon enough, and when it does, it comes in fits and starts. Politicians everywhere tend to flip flop on important issues, and then pick petty fights to derail what would otherwise be good policies. Corruption and unemployment are high, and access to economic and political opportunity is not equal. But the narrative, whether at home or abroad, is often hyperbolic. The positions that get the most attention are those that are most extreme, and thus there is an incentive to make them so.

Bad news sells, and we are just as responsible for this state of affairs as the news organizations we are so quick to castigate. We are addicted to narratives that we hate, and we gravitate toward clichés that we know can’t be true. The same phrases sprinkle news stories time and again, and while we sneer at them, they play a tune we can easily sing along to.

The stories aren’t going away anytime soon, and even good news plays to stereotypes. Senegal’s recent presidential turnover had commentators falling over themselves – they always knew the country had been a “beacon of democratic stability in a troubled West Africa!” Rather than passive consumers of these hackneyed formulas, we fight back, as we should. But no sooner do we switch off the radio than we become producers of our own hyperbolic platitudes.

As we approached home my driving directions periodically interrupted our lively cab-ride conversation – turn right at the dirt road, turn left after that house. There are still no street signs and in the final stretch we bumped along on dusty roads. But alongside them are a string of new homes and a towering apartment complex. A sprawling new shopping mall has sprung up just moments away from home. No need to join the Saturday rush into town to shop these days, which is great news. There are simply too many cars on the road!

books on my reading list

At the beginning of every school year I am invariably overly ambitious about what I can realistically accomplish, including the number of books that can reasonably be read in a day week. Nevertheless, let me begin a list here of the books I hope to tackle (required reading not included) in the next couple of months.

  • The Escape from Hunger and Premature Death, 1700-2100, by Robert Fogel.                                                                                                                       “Technophysio evolution and its implications are the central themes of this volume. The term describes the complex interaction between advances in the technology of production and improvements in human physiology. The interaction is synergistic, which means that the total effect is greater than the sum of its parts. This interaction between technological and physiological improvements has produced a form of evolution that is not only unique to humankind but unique among the 7,000 or so generations of human beings who have inhabited the earth.” This book sounds remarkably like the dissertation I hope to write. Only that I almost surely will never win a Nobel Prize in economics …details, details.
  • African Development: Making Sense of the Issues and Actors, by Todd J. Moss (@moss_dc)                                                                                                  “This book aims for a simple, but hopefully not simplistic, introduction to the main themes, trends, and players in contemporary African development.” This book seems to be doing the rounds in development circles and is probably a good resource for both teachers and students of African politics and development.
  • The Drunkard’s Walk: How Randomness Rules Our Lives, by Leonard Mlodinow                                                                                                               “Offering readers not only a tour of randomness, chance and probability but also a new way of looking at the world, this original, unexpected journey reminds us that much in our lives is about as predictable as the steps of a stumbling man fresh from a night at the bar.” Recommended by a brilliant and enterprising friend whose reading recommendations can only be totally worthwhile. And it has a great title!
  • Decentralization in Uganda: Explaining Successes and Failures in Local Governance, by Gina M.S. Lambright.                                                                  Just discovered this one in a political science “new books” publication.
  • Museveni’s Uganda: Paradoxes of Power in a Hybrid Regime, by Aili Tripp       Also recently discovered this one, has anyone read it?
  • Decision Points, George W. Bush                                                                        Because political autobiographies are fascinating.

More to be added as we go along. What are you reading?

UPDATE:

See, I’m already getting ahead of myself. So far I have read 1.1 of the above books (specifically Fogel, and a bit of Bush and Moss), and I’ve already added more. Recent additions:

I also recently read Rational Ritual: Culture, Coordination and Common Knowledge, by Michael Suk-Young Chwe, which I recommend and hope to write about soon.