Assistant Secretary of State for Democracy, Tom Malinowski and Ugandan Activist Frank Mugisha Respond to New York Times article “U.S. Support of Gay Rights in Africa May Have Done More Harm Than Good”

To the Editor:

“American Support for Gay Rights May Leave Africans Vulnerable” (front page, Dec. 21) does a disservice to Africans and others around the world defending human rights, including those of lesbian, gay, bisexual, transgender and intersex persons.

Violence and legislation targeting L.G.B.T.I. persons long predates American engagement on this issue, and the article offers no real evidence that discriminatory laws adopted in recent years are a reaction to American government pressure.

It cites that we have spent more than $700 million to support “gay rights groups and causes” globally when that figure mostly encompasses public health programs that aid a broad range of individuals, including but not limited to L.G.B.T.I. persons.

American policy, which is supported by many countries, is simply to assert that people should not be subject to violence or discrimination simply because of who they are. “Do no harm” is the most important principle guiding our efforts, which are shaped in consultation with local communities.

And these local efforts have often been successful — including a campaign by Ugandans that culminated in the striking down of a repressive anti-L.G.B.T.I. law by their country’s Constitutional Court in 2014. We will continue to stand by those whose only crime is to demand the same human rights as everyone else.

TOM MALINOWSKI
Assistant Secretary of State for Democracy, Human Rights and Labor

_______________________________________________

To the Editor:

The underlying narrative of this article about anti-gay sentiment in Nigeria is that L.G.B.T.I. Africans are pawns of Western interests.

While Uganda is not Nigeria, I have found quite the opposite to be true in my country. The United States government by and large follows our lead before taking action on our behalf. And when security interests are on the line, it often takes significant pressure to get foreign governments to act on any human rights issue.

Here in Uganda, American donors paid attention only when American evangelicals like Scott Lively, Rick Warren and Lou Engle preached vitriol against gays, which prompted Ugandan legislators to propose the death penalty for gays in 2009.

In Uganda, as L.G.B.T.I. people, we sounded the global alarm because lives were at risk with such proposed legislation, and funders waited for instructions from us. We advised the American government on how to minimize harm, and it listened.

There will always be backlash to activism. That is not news.

Instead of elevating the significance of American influence, it would have been better if the article had focused on African politicians who employ any narrative at their disposal — including “neocolonial” ones — to maintain their power at the expense of scapegoated minorities like L.G.B.T.I. people, regardless of what the United States may, or may not, do.

Is there more violence now that L.G.B.T.I. people are more visible in Nigeria and elsewhere? Maybe, but it is homophobia, not funding, that is at fault.

FRANK MUGISHA
Executive Director, Sexual Minorities Uganda
Kampala, Uganda

Joint CSO Letter to World Bank on Discrimination in Uganda’s Health Sector

Dr. Jim Yong Kim
President
The World Bank
1818 H St. NW
Washington DC 20433

Dear Dr. Kim:

We write to follow up on our letters of April 1 and May 6, 2014, regarding concerns about discrimination in Uganda’s health sector and the World Bank’s delay of its US$90 million loan.

We, once again, welcome your commitment to ensure that there is no discrimination in World Bank financed projects in Uganda and public recognition that discrimination is not only wrong, but undermines economic growth.

Six months after your decision to delay the health sector loan, we remain concerned that there are still not sufficient safeguards in place to prevent discrimination in health service provision for lesbian, gay, bisexual, transgender, and intersex (LGBTI) patients, or for women, among other groups in Uganda. In this letter, we share recommendations for the World Bank’s next steps in Uganda and request a meeting with your office as you chart a strategic way forward to ensure that World Bank funding does not entrench discrimination via its loans and other financial instruments. On August 26 during a meeting with the Robert F. Kennedy Center for Justice and Human Rights and Sexual Minorities Uganda (SMUG), Uganda’s former minister of health and new prime minister, Dr. Ruhakana Rugunda, made comments that reinforce this concern: he agreed that there is discrimination in the health sector, and that the government is not equipped to monitor the health sector for discrimination or to respond to discrimination when it occurs.

Uganda’s Constitutional Court Strikes Down Anti-Homosexuality Law

August 1, 2014 — The Council for Global Equality welcomes the decision today by Uganda’s Constitutional Court to strike down that country’s odious “Anti-Homosexuality” Law. The Court determined that the passage of the law was not in keeping with correct democratic procedures and struck it down on technical grounds involving the lack of a quorum to pass the bill. The civil society leaders who led the challenge to the law, and stood firmly in support of human rights for all Ugandans, won a remarkable victory for human rights and democracy today. We applaud them, along with those in the international community who have steadfastly opposed this anti-democratic and discriminatory law.

The Council urges that Ugandan officials not reintroduce the bill and instead move forward toward equality for all Ugandans, regardless of sexual orientation or gender identity.  We also hope that President Museveni of Uganda will use the occasion of his official visit to Washington next week for the first-ever Africa Leaders Summit to demonstrate a stronger appreciation of the principle that all citizens, including Uganda’s lesbian, gay, bisexual and transgender minority, deserve equal respect and treatment under the law.

Related: Council Calls for President Obama to Raise LGBT Issues at Africa Summit

The Council for Global Equality Welcomes the White House Efforts to Protect Human Rights in Uganda

The Council for Global Equality welcomes today’s White House announcement of new, concrete steps in our country’s bilateral relationship with Uganda in response to President Museveni’s decision to sign into law the Anti-Homosexuality Act earlier this year.  These steps reaffirm the importance the U.S. attaches to a foreign policy that prioritizes respect for the human rights of all people, including those who are lesbian, gay, bisexual or transgender – an important legacy of this Administration.

We take note in particular the announcement of new visa restrictions aimed at restricting entry to those deemed responsible for human rights abuses, including those enabled by this heinous law, and other corrupt practices.  In taking this action, the Administration has placed responsibility where it should lie – with those individuals who have enacted the new law, not the broader Ugandan people.  We urge that a speedy review of visa eligibility be the template for prospective U.S. responses whenever human rights are abridged, or corrupt practices undertaken, in any country.

The Administration’s new steps place appropriate emphasis on anti-LGBT police actions, our bilateral security relationship, and the broad areas in which the U.S. engages with Uganda on sound health policy.  We urge a continued dialogue in each of these areas aimed at ensuring the effective use of U.S. taxpayer funding in each of these areas, and particularly to ensuring that the health needs of men who have sex with men continue to be met.  We further urge that the Administration ensure that no organization charged with providing PEPFAR-funded services is allowed to take steps that deliberately undercut the effectiveness of those services, as was the case with actions taken by the Inter-Religious Council of Uganda in supporting enactment of the Anti-Homosexuality Act.

Finally, we note that Uganda is not the only government that has taken, in recent months, steps to further criminalize homosexual relations and relationships.  We have been proud to applaud the Administration’s policy of standing for LGBT human and civil rights abroad.  However, a global policy requires a globally consistent response, which to date has not been the case.  We ask that the Administration review, in equal measure, how to respond to similar anti-democratic actions in Nigeria, Russia, and other countries where government officials have put LGBT people at increased risk of abuse.

For more information on the steps the White House is taking click here.

Statement by NSC Spokesperson Caitlin Hayden on the Response to Uganda’s Enactment of the Anti-Homosexuality Act

Further U.S. Efforts to Protect Human Rights in Uganda

Statement from The White House
Written by Grant Harris and Stephen Pomper

Our hopes for a more peaceful and just world depend on respect for the rights and dignity of all people. It is for this reason that our foreign policy champions human rights and opposes violence and discrimination that targets people because of who they are and whom they love. President Obama’s groundbreaking Presidential Memorandum of December 6, 2011 reflected this commitment by directing the federal government to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT people abroad.

We have seen extraordinary advances for LGBT rights in the United States and in many countries around the world. But some governments have challenged this progress, with results that not only endanger local LGBT communities, but also pose a setback for all those around the world who share a commitment to freedom, justice, and equal rights.

The Government of Uganda’s enactment of the “Anti-Homosexuality Act” is precisely such a step in the wrong direction. As President Obama made clear in February, the enactment of the AHA is more than an affront to the LGBT community in Uganda — it calls into question the Government of Uganda’s commitment to protecting the human rights of all its people, and complicates our bilateral relationship.

After thorough consideration, the U.S. government is taking a number of actions to underscore the critical importance we place on human rights and fighting against discrimination, protecting vulnerable populations, respecting freedom of expression and association, and advancing inclusive governance. In particular:

• Restricting entry to the United States. We want human rights abusers, worldwide, to know their misdeeds are not unnoticed and would-be human rights abusers to understand that there are consequences for engaging in such actions. The State Department is therefore taking steps consistent with its current authorities (including Presidential Proclamation 8697) to restrict the entry into the United States of specific Ugandan individuals involved in serious violations or abuses of human rights, including those determined to have committed such violations or abuses against LGBT individuals. While we will not identify the individuals whom we have watch-listed in line with confidentiality requirements, this step makes clear our commitment to sanctioning individuals determined to have perpetrated human rights abuses or who are responsible for such acts in the future. In addition, the United States will also take steps consistent with current authorities to restrict entry into the United States by Ugandans who are found responsible for significant public corruption.
• Ceasing support for Uganda’s community policing program. We are very concerned about the extent to which the Ugandan police may be involved in abusive activities undertaken in the name of implementing the AHA. These concerns relate to the April 3 raid on a U.S.-funded public health program at Makerere University, as well as credible reports of individuals detained and abused while in police custody. Therefore, even as we continue to press the police at every level to fulfill their responsibility to protect all Ugandans, we will also be discontinuing a $2.4 million program in support for the Uganda Police Force community-policing program.
• Redirecting certain financial support for the Ministry of Health (MOH) to other partners. We remain steadfast in our commitment to supporting the health needs of the Ugandan people, but we seek to invest in partners and programs that share our commitment to equal access and our evidence-based approach to medicine and science. We are accordingly shifting a portion of our financial support for MOH salaries, travel expenses, and other items to health-related activities being undertaken by non-governmental partners in Uganda. These modifications will focus on MOH central headquarters staff in order to avoid negatively affecting health care workers and direct service providers in Uganda.
• Relocating funds for a planned public health institute and other measures relating to health programming. For similar reasons, we are relocating to another African country the planned establishment of a National Public Health Institute, for which we would have provided approximately $3 million in funding. We have also relocated a National Institutes of Health genomics meeting from Uganda to South Africa.
• Cancelling a military aviation exercise. We have also cancelled plans to conduct the Department of Defense’s Africa Partnership Flight exercise in Uganda. This was intended to be a United States African Command (AFRICOM)-sponsored aviation exercise with other East African partners.

These steps are in addition to the measures that we announced in March. Among other things, we took steps at that time to redirect funding away from program implementers whose actions called into question their willingness to serve all people in need, to shift certain military and intelligence engagements to other locations, and to suspend certain near-term invitational travel for Ugandan military and police officials.

In taking the measures that we have described, the U.S. government is mindful of the wide range of issues encompassed by our relationship with Uganda — including our development and humanitarian support for the Ugandan people, our efforts to counter the murderous Lord’s Resistance Army, and a partnership that advances our security interests in the region. We will seek to advance these interests while also working with both governmental and non-governmental partners to end discrimination against LGBT people in Uganda and around the world — a struggle central to the United States’ commitment to promoting human rights.

Grant Harris currently serves as Special Assistant to the President and Senior Director for African Affairs on the National Security Council. Stephen Pomper is the Senior Director for Multilateral Affairs and Human Rights on the National Security Council.

Kerry Likens Uganda Anti-Gay Law to Anti-Semitism and Apartheid

Repost from Reuters

(Reuters) – U.S. Secretary of State John Kerry on Wednesday likened new anti-gay legislation in Uganda that imposes harsh penalties for homosexuality to anti-Semitic laws in Nazi Germanyor apartheid South Africa.

“You could change the focus of this legislation to black or Jewish and you could be in 1930s Germany or you could be in 1950s-1960s apartheid South Africa,” Kerry told a group of reporters. “It was wrong there egregiously in both places and it is wrong here,” he added.

Kerry said the legislation signed by President Yoweri Museveni on Monday was “atrocious” and expressed concern at mounting discrimination against gays in 78 countries around the world. Continue Reading

U.S. Secretary of State on the Enactment of Ugandan Anti-Homosexuality Bill

This is a tragic day for Uganda and for all who care about the cause of human rights. Ultimately, the only answer is repeal of this law.

The United States is deeply disappointed in the enactment of the Anti-Homosexuality Bill in Uganda. For the four years since the bill was introduced, we have been crystal clear that it blatantly violates human rights obligations that Uganda’s Human Rights Commission itself has recognized are enshrined in Uganda’s Constitution

Today’s signing threatens a dangerous slide backward in Uganda’s commitment to protecting the human rights of its people and a serious threat to the LGBT community in Uganda.

We are also deeply concerned about the law’s potential to set back public health efforts in Uganda, including those to address HIV/AIDS, which must be conducted in a non-discriminatory manner in order to be effective.

As President Obama stated, this legislation is not just morally wrong, it complicates a valued relationship. Now that this law has been enacted, we are beginning an internal review of our relationship with the Government of Uganda to ensure that all dimensions of our engagement, including assistance programs, uphold our anti-discrimination policies and principles and reflect our values.

From Nigeria to Russia and Uganda, we are working globally to promote and protect the human rights of all persons. The United States will continue to stand against any efforts to marginalize, criminalize, and penalize vulnerable persons in any society.

UNAIDS expresses deep concern over impact of Ugandan bill on the rights of gay men

Press Statement from UNAIDS

If signed into law the controversial bill would toughen punishments against gay people in Uganda

GENEVA, 18 February 2014—UNAIDS is deeply concerned about a bill in Uganda that would further toughen punishments against gay men.

The controversial bill, which was passed by the country’s parliament in December 2013, calls for a 14-year jail term for a first conviction, and imprisonment for life for the offence of ‘aggravated homosexuality’. The signing of the bill into law would have serious human rights implications.

“Uganda was the first country in Africa to break the conspiracy of silence on AIDS—and to give voice to the most marginalized—but now I am scared that this bill will take Uganda backwards, relinquishing its leadership role in the AIDS response,” said Michel Sidibé, Executive Director of UNAIDS. “I strongly urge the Ugandan authorities to reject the bill and ensure the human rights and dignity of all people in Uganda.”

The bill also has public health implications; studies show that when gay people face discrimination including abuse, incarceration and prosecution—they are less likely to seek HIV testing, prevention and treatment services.

In 2012, there were 1.5 million people living with HIV in Uganda and 140 000 new HIV infections. Globally gay men are around 13 times more likely to become infected with HIV than the general population, emphasizing the urgent need to ensure safe access to HIV prevention and treatment services for all people everywhere.

UNAIDS urges the government of Uganda, and all governments around the world, to protect the human rights of lesbian, gay, bi-sexual and transgender people through repealing criminal laws against adult consensual same sex sexual conduct; implementing laws to protect people from violence and discrimination; promoting campaigns that address homophobia and transphobia; and ensuring access to health services including HIV prevention, treatment, care and support services.

Statement by President Barack Obama on the Anti-Homosexuality Bill in Uganda

THE WHITE HOUSE
Office of the Press Secretary

FOR IMMEDIATE RELEASE
February 16, 2014

As a country and a people, the United States has consistently stood for the protection of fundamental freedoms and universal human rights.  We believe that people everywhere should be treated equally, with dignity and respect, and that they should have the opportunity to reach their fullest potential, no matter who they are or whom they love.

That is why I am so deeply disappointed that Uganda will shortly enact legislation that would criminalize homosexuality.  The Anti-Homosexuality Bill in Uganda, once law, will be more than an affront and a danger to the gay community in Uganda.  It will be a step backward for all Ugandans and reflect poorly on Uganda’s commitment to protecting the human rights of its people.  It also will mark a serious setback for all those around the world who share a commitment to freedom, justice and equal rights.

As we have conveyed to President Museveni, enacting this legislation will complicate our valued relationship with Uganda.  At a time when, tragically, we are seeing an increase in reports of violence and harassment targeting members of the LGBT community from Russia to Nigeria, I salute all those in Uganda and around the world who remain committed to respecting the human rights and fundamental human dignity of all persons.

Officials: Uganda’s leader to sign anti-gay bill

Repost from the Associated Press

KAMPALA, Uganda (AP) — Ugandan President Yoweri Museveni plans to sign a bill into law that prescribes life imprisonment for some homosexual acts, officials said Friday, alarming rights activists who have condemned the bill as draconian in a country where homosexuality already has been criminalized.

Museveni announced his decision to governing party lawmakers, said government spokesman Ofwono Opondo.

In Twitter posts on Friday, Opondo said the legislators, who are holding a retreat chaired by Museveni, “welcomed the development as a measure to protect Ugandans from social deviants.”

Museveni’s decision was based on a report by “medical experts” presented at the retreat, saying that “homosexuality is not genetic but a social behavior,” said Opondo. Continue Reading