Friday, February 17, 2012

LGBT Rights (or lack thereof) in Uganda

(Just a little note: every time you see a word underlined or in blue on this blog, there is a link to a related article, if you'd like more background information)

Uganda has been in the news lately. Granted, if you don't follow East African news, perhaps it hasn't crossed your desk or screen yet. Uganda currently has a bill in Parliament which proscribes the death penalty for anyone convicted of 'aggravated homosexuality'. Alternatively, if one is convicted of 'the offense of homosexuality', you are merely sentenced to life in prison. So what falls under 'aggravated homosexuality' that merits the death penalty? To summarize: if: the person is HIV positive, is a parent or authority figure, administers intoxicating substances, or engages with a minor or someone with disabilities, or is a repeat offender of 'the offense of homosexuality'. But wait, there's more. Ugandans can be extradited back to the country for engaging in homosexual acts outside of the country, and the bill includes punishment for individuals, companies, media organizations or non-governmental organizations who know gay people, or support them.

The bill has, expectedly, drawn a lot of criticism from the West as well as from human and civil rights organizations. I won't begin to get into why killing people for their sexual preference or HIV status is wrong. Granted, you get 'merely' life in prison for your first offense. But punishing people for those qualities isn't in line with any sort of respect for people's rights either. So we're clear that I am not in support of this bill in anyway, and am hopeful that it either won't make it through Parliament, or will be amended before it does. However, the proposal on the table at the moment for amending it is to remove the death penalty, but leave the rest.

But. Let me show you a headline from BBC online: 'Uganda Man Jailed for Killing Gay Activist David Kato'. If you read the article you will find that a Ugandan newspaper published a list of homosexuals, with the headline, 'Hang Them' above it. Mr. Kato's name was on this list. You will also find that apparently the man defended himself in court by saying that Mr. Kato made sexual advances towards him, which made him outraged, and so be bludgeoned him to death with a hammer. The perpetrator received 30 years in prison for the murder, following what was called 'an usually speedy trial'. Seems like a hate crime from this story, no doubt.

But then, let's talk to someone Ugandan who lives in Kampala, where the crime took place. Now we hear a different story. We hear that while most of the above is true, some of it is not. Yes, Mr. Kato was gay, yes he was a gay teacher (which some people in Uganda take to mean he was 'recruiting' children' or abusing them). But apparently, the West took the story that Mr. Kato was a gay rights activist and ran with it. According to the man I talked to, Mr. Kato was gay, but so was his killer. They were long term partners. This was a case of domestic violence between two gay men. The man who was convicted simply used Mr. Kato's 'sexual advances' as a defense because he thought it would garner sympathy from the jury, and to avoid the consequences of being openly gay and serving time in prison. Additionally, the police issued a statement saying that Kato's death was in no way connected to his role as an LGBT advocate, and in fact called the murder a consequence of an attempted robbery.

Reading this summary of the summaries, I have an initial urge to believe one over the other, I am inclined to believe that Uganda wanted to cover up a hate crime. But why? Why would the state cover up a crime that they themselves are trying to essentially turn into law, that someone who is openly gay deserves to be killed. They might cover it up to avoid international criticism. Or alternatively, the Western media might hear that a gay rights activist had been murdered, and assume that it was a hate crime, because it demonstrates the intolerance of the country, that they have seen examples of in the past. This death occurred during the time when the bill to increase penalties for being convicted of homosexuality was already in Parliament, so perhaps we should ask ourselves, who could stand to benefit from Mr. Kato's death. It brought international attention to the harsh persecution of members of the LGBT community in the country, but alternatively justifies such killing, as the man who murdered Mr. Kato was convicted of second degree murder rather than first, as he had 'had no choice but to act in self defense' to protect himself from the advances of a gay man. Either way the LGBT rights movement in Uganda lost a vocal advocate. Whether he was targeted because of his activism, because of his sexual identity and forwardness, or was a victim of domestic violence cannot be known with absolute certainty. Unless of course evidence exists as to the motive or premeditation of the murder that has not yet come to light. For now we rely on the statement of the man who murdered Mr. Kato, and a legal system in a country where homosexuality is condemned.

What do you think? What was the real motivation behind the murder, the defense, and the sentencing? What should and will happen with the bill currently being reviewed in the Parliament?

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