South Africa must demand an end to Uganda anti-gay Bill

I’ve lived in Africa my whole life and I’m acutely aware of the danger that a person’s sexuality can hold for their personal liberty and sometimes even their lives. This continent has an intolerance that eclipses anything seen in the rest of the world and when it comes to the gay and lesbian community, it can often prove fatal.

In Zimbabwe we have heard the ranting of President Robert Mugabe on the subject while here in South Africa we’ve seen the polls indicating overwhelming disregard for this community, but what is happening in Uganda brings a sense of terrible foreboding.

If they pass their anti-homosexuality Bill it will send a signal to the rest of Africa that this draconian legislation represents the future on dealing with gays and lesbians. It’s a move that would find a sympathetic ear among far too many — probably the majority — of the inhabitants. From Darfur to Rwanda we have seen that genocidal behavior — once started — is exceedingly difficult to stop.

As things stand, homosexuality is only legal in 13 African countries and a punishable offence in 38 others. Accordingly, a whole host of intolerant countries stand ready to receive legislation along these lines.

In his article Gay Ugandans fear harsh new anti-homosexuality law, Henry Wasswa paints a bleak and terrifying portrait of what this legislation will mean and how it came about.

“Gays and lesbians there have been hiding their identities for decades for fear of social discrimination and harassment by the authorities but the number of openly-gay people is believed to be increasing. Anyone failing to report a homosexual act committed by others would face up to three years in jail. People including relatives and friends sheltering gays and lesbians or failing to report them to the authorities also face jail terms of up to five years, the Bill says.”

This is how genocide begins — first you isolate the victims and then you compel those who are reluctant to assist you into doing so. Rather than put their own lives at risk, people will either turn a blind eye or actively participate.

Of course the Ugandan authorities will claim that they are not going to enforce these laws unreasonably and that they are simply there to protect the people. Senior government officials have even said that the death penalty provision will be reviewed in Parliament.

This needs to be put into the context of the proposed Bill:

  • Gay men and lesbians will be sentenced to life imprisonment for having sex with willing partners with the death sentence if it’s sex with minors
  • The death sentence would also apply if the offender suffers from HIV/Aids
  • The death sentence applies as well if the victim of the act has physical or mental disabilities
  • The owners of premises where homosexual acts are committed get seven years
  • Anyone convicted of broadcasting, producing or disseminating pornographic material to promote homosexuality gets seven years

The Ugandans are telling the United Nations, European Union and the United States — who are jumping up and down about this — that the death penalty will be reviewed by Parliament.

Have another look at those punishments and consider how you would feel if your life was to be either snuffed out or reduced to living in a prison cell with criminals simply because of your choice of partner.

That the government can table and — in all likelihood — pass legislation that befits the Nazis on Jews and Gypsies is unbelievable. What happened to all that waffle about “never again?”

If Africa wants more say at the United Nations and the G20 then the time to start jacking up this continent’s woeful human rights and disregard for others is long overdue.

For once let South Africa stand up and be counted. Instead of ignoring or endorsing this disgraceful legislation, condemn it in the strongest possible terms and suggest sanctions if it is to continue.

Act like a regional power and do the right thing.

36 Responses to “South Africa must demand an end to Uganda anti-gay Bill”

  1. Gerry #

    I’m a million-shades-of-grey type person. But in terms of “Africa” I’m fast becoming a black-and-white person (no pun intended)

    Countries like Uganda (and others with their interesting human rights approaches) either need to accept western standards along with its aid, values and ideals, or not accept western standards and accept that all aid, travel and international relations will go down the loo. You are either part of the community, or you are not.

    Personally, I’d say that if the Ugandans pass this bill, then isolate them. If they want to live in the dark ages, let them. Leave me out of it.

    Of course, I now feel like a total doos because how fair is that on the people on the ground?

    Maybe amore pragmatic, if not less politically incorrect one, would be a new form of colonialism. If you want to behave like kids then sorry, time out – we will take custodianship of your country, because you obviously cannot. But that goes against my libertarian beliefs.

    So what is the solution? I don’t know. I wish I did. But it seems more and more like Africa is becoming the perpetual please-help-me-out-while-I-muck-up-this-place schoolyard bully expecting special favours. I don’t like it. Time for Africa, and Africans, to take responsibility for themselves and their continent.

    Is it that difficult to go against a tyrannical and oppressive government? Or am I being naively optimistic?

    December 21, 2009 at 11:39 am
  2. Pleb #

    We certainly need to make a stand against Uganda – suppose it is just another African kakistocracy

    December 21, 2009 at 12:32 pm
  3. Jon Story #

    This is a very touchy subject, together with religion and politics. For some people homosexuality is abhorrent on the basis of their religion or the notion of un-naturality. The world trend is sexual freedom and one only has to scan the internet a little to get a taste of this. To me personally HS is un-natural but I admit that an increasing number of people would say otherwise. There is a worldwide trend to promote HS on the basis that one is born that way, that it is beautiful and nothing wrong with it. And everyone better step into line. I will not step into line but my personal views aside I do not believe that oppressive laws curtailing people’s sexual preferences or behavior will stamp out HS. Nobody has to think the same as I do. Where it concerns the violation of minors ‘gays’ should be punished as severely as ‘straight’ people. At least I hope there will be punishment.
    SA has little influence in Africa it seems if Zimbabwe is an example. The suffering of ordinary Zimbabweans is by and large not of their own chosing whereas HS is generally considered a sexual preference. Quote: ‘because of your choice of partner’. Lets wait and see.

    December 21, 2009 at 12:34 pm
  4. MFB #

    It is worth noting that Uganda is Africa south of the Sahara’s biggest recipient of US military aid and has been a key player in American imperialist activity in the Great Lakes and the Sudan. So they aren’t going to lose Western support merely because they start culling gays. (Contrary to Trapido, the most anti-homosexual part of the world is the Arabian Peninsula and parts of North Africa — those Arab countries which are most closely aligned with the United States.) Especially now that Uganda has oil.

    And, of course, there is nothing that South Africa can do to change the situation in Uganda. Absolutely nothing. We can shout all we like, it will not change Ugandan government policy, and we have no power to force any change.

    So, basically, this amounts to a call for us to make a useless noise which will change nothing in a country whose crimes are, and have been since decolonisation, enthusiastically supported by Western imperialism. It does seem that we could use our energies more productively, Mr. Trapido.

    December 21, 2009 at 12:39 pm
  5. Mike #

    I’m amazed that the usual suspects are not shouting this down as a rascist, colonialist assault on African culture and African’s ability to govern. Maybe they just haven’t read it yet.

    Still, MFB’s approach is far too cynical. To stand silent in the face of a crime against humanity – or any crime in fact – is to support it. The least SA can do is to shout as loudly as possible.

    The odds are that it won’t though – the plight of gays in Uganda is is as much a cause for concern for this government as that of the people of Zimbabwe under Mugabe – if the Africans of other nations wish to slaughter and oppress one another, then so be it.

    Poor old Mbeki’s vision of the “African renaissance” never stood a chance anyway.

    December 21, 2009 at 3:03 pm
  6. Mark Robertson #

    You are quite correct that the most homophobic states in the world are in the Arabian Peninsula – Saudi Arabia, a staunch US ally, has an absolutely appalling human rights record. However I think whether or not the US and EU criticise these policies is completely irrelevant regarding SA’s stand – certainly we have rarely taken a lead from either party on foreign human rights issues. I entirely disagree with MFB that SA has no influence in Uganda – were SA to clearly indicate our commitment to human rights including gay rights, it would certainly have an impact. Even if it did not change their policies, it is the right thing to do. It is remarkable how quickly we seem to have forgotten our commitment to the principles of tolerance and equality.

    December 21, 2009 at 3:06 pm
  7. Nah, I think not, you cant continue to encourage President Zuma to shift goal posts. We need to get our priorities straight–rather we would have expected to say ‘SA needs to demand an end to this:

    South Africa faces up to ‘wage apartheid’
    http://afp.google.com/article/ALeqM5gojof15U0bLPZvwJQatjf50O7DHA

    JSE Probes Wesizwe
    http://www.timeslive.co.za/news/local/article239271.ece

    Afgri to retrench 57 workers
    http://www.timeslive.co.za/news/local/article239271.ece

    Cape Town a racist city – study
    http://www.iol.co.za/index.php?click_id=13&set_id=1&art_id=vn20091022043211281C843507

    United Nations report highlights growing inequality in South Africa
    http://www.wsws.org/articles/2004/may2004/safr-m21.shtml

    ‘Bank charges too high’
    http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2346602

    December 21, 2009 at 3:17 pm
  8. Larry Lachman #

    We easily forget that the majority in this country and the majority political party, do not hold western views and cultural considerations for what they see as the Western abberation of homosexuality.

    Just like Zuma, (and Mbeki before him) would pop over to Bob Mugabe and hold his hand in solidarity, so would our and other African heads of state do the same for the Ugandan president, – on this issue.

    Our own Human Rights based Constitution is just a sham – window dressing for another agenda. In any case, the South African ANC government does not have the moral authority to take any stand or action against another African state.

    December 21, 2009 at 4:05 pm
  9. Mark Robertson #

    I think some of the responses may answer Mr Trapido’s questions as to why the commitment to human rights, equality and individual freedoms (including gay rights) attract so little support in SA. The reality is that many peoples’ commitments to these freedoms remain wafer-thin. However I must agree that SA bank charges are far too high, although I am a little puzzled as to the relevance to the topic of state discrimination against gay people.

    December 21, 2009 at 5:19 pm
  10. Borris the Beast #

    Good one Traps.

    You certainly appear to have got some down and out funnies commenting on your article but not all doom an gloom and not all is lost:

    Ugandan Parliament Outlaws Female Genital Mutilation:

    http://www.care2.com/causes/womens-rights/blog/ugandan-parliament-outlaws-female-genital-mutilation/

    There is hope at the end of the tunnel.

    8)

    December 21, 2009 at 5:33 pm
  11. Malose Nyatlo #

    What can South Africa teach the world at large about moral issues Traps, let alone Uganda and its attempts at correction of ‘sexual disorientation’?
    Don’t we still have to learn how Uganda tackled its Aids problem? Perhaps the pill was bitter…
    I would rather stick with John Story, let’s wait and see.

    December 21, 2009 at 5:39 pm
  12. Cobus Fourie #

    The complicity of some high profile Americans in this debacle has to be made public:
    http://www.boxturtlebulletin.com/slouching-toward-kampala

    As well as our denouncement in March 2009:
    http://www.boxturtlebulletin.com/2009/03/12/9726

    19 October 2009 we phoned the presidential hotline to lodge our complaints. 10 December 2009 the Department of International Relations and Cooperation phoned me to submit a written complaint (again). No word yet and I won’t hold my breath ’cause I might die waiting.

    Pastor Niemoller’s poignant poem, First they came, written after WWII comes to mind:

    “First they came for the Communists
    And I did not speak out
    Because I was not a Communist
    Then they came for the Socialists
    And I did not speak out
    Because I was not a Socialist
    Then they came for the trade unionists
    And I did not speak out
    Because I was not a trade unionist
    Then they came for the Jews
    And I did not speak out
    Because I was not a Jew
    Then they came for me
    And there was no one left
    To speak out for me”

    December 21, 2009 at 6:35 pm
  13. Womba #

    Can’t we say exactly the same thing about Zulus and their disgusting “culture” of bull-torturing?

    December 21, 2009 at 8:29 pm
  14. Mudiwa Marange #

    With the way its going , Gays have only two choices, (1) leave Uganda (2)leave Uganda

    December 21, 2009 at 10:26 pm
  15. Po #

    That proposed bill is terrifying. It seems that if you are gay and HIV positive then they just want to remove you altogether.

    Jon Story: I find it fascinating that you say homosexuality is unnatural. How do you you define “natural”? To me it means “occurring in nature.” Humans are part of nature, if it happens in humans then it is “natural”. We are just another herd of animals. People are not forced to be gay, they choose to be gay, that the choice exists means that it is natural. Forcing someone to do something against their own will seems to me to be unnatural, but then it is human “nature” to force people, so it is probably natural too.

    December 22, 2009 at 12:58 am
  16. Belle #

    Gerry’s comments re-iterate my thoughts exactly.

    Further thoughts … how do homophobic countries deal with lesbians, and people who are born intersexed, like Castor Semenya?

    Even South Africa has to revisit its oh-so-revered constitution which excludes intersex people. Read Sally Gross’s gobsmacking take on the exclusionary language of our constitution: http://www.mg.co.za/article/2009-09-19-intersex-and-the-law

    December 22, 2009 at 2:20 am
  17. What happens behind closed doors between 2 consenting adults is and should always remain their own business and the state has no business poking it’s nose into people’s private lives. Some people find polygamy as offensive as homosexuality but “African traditionalists” would do their nut if attempts where made to enact laws to stamp out the practice. The same principal applies.

    December 22, 2009 at 6:50 am
  18. Hugh Robinson #

    Exactly why should Uganda, not pass this bill. If they believe that it is a threat to there way of doing things then that is their business. Not ours. We have enogh problems here.

    If the Blacks in SA had their say every gay would be put to death. Homosexual life is not recognised in Black comunities full stop.

    What I have never understood is that a lesbian who claims she is more male than woman, who claims male / female equality in every sense, who act like a man, talks like a man but is given female status if raped. Why the extra protection?

    As for @rainbow the socalled western inflation is a whole 1.5% with an interest rate of 2-3%. I have done a regular study of food prices comparison. The price of food in the the US, canada , UK and SA are remarkably close.

    In the past year SA food prices have been 12 -15 % more expensive that the others.

    Of coarse you do know for instance that an apple or an orange is twice the size and sweeter than the marbles we buy in our supermarkets. That they change or discount food not sold on the secomd day. The quality for the most part is supreme.

    Get your facts straight.

    December 22, 2009 at 8:16 am
  19. X Cepting #

    South Africa has already made it clear where we stand with regards to other African countries: It does not matter what happens across the border, what atrocities are practiced. As long as those who find themselves opressed does not come looking for help here, we’ve got xenophobia.
    Never underestimate the total self-absorption of the average selfish South African. Gerry’s comment about colonising those who don’t according to his rules proves this. No-one will care about a few homosexuals unless of course they own some oil wells. Therefore, Mr Trapido, if by “South Africa” you mean the ordinary person with a regard for human rights protesting this law, I agree, start with the local homosexuals. If you meant South Africa officially, as in our president, don’t hold your breath. There is far too much power/money to be gained from deals with Uganda to expect a cabinet on the make to put a few people first.

    December 22, 2009 at 9:11 am
  20. Stephen Browne #

    To be quite honest expecting South Africa ‘to do something’ about this abhorrent new legislation is noble but unrealistic. We are sitting next door to Zimbabwe where far worse things have gone past – at least in Uganda they are pretending to follow some sort of process. How much have we actually ‘done’ about Zimbabwe? Or any one of the hundreds of appalling situations in Africa.

    Disgusted, but still hopeful.

    December 22, 2009 at 10:24 am
  21. The Praetor #

    I honestly dont see how or why, SA should or could, demand anything from another country. Uganda is after all, a souvereign country who has the right to proclaim any law they feel is necessary. We have no right, legally or morally, to demand what standards should be applied by another country. If their citizens feel comfortable with an anti-gay bill, that is their perogative.

    I definately dont agree with a witch-hunt to purge that country of gays, but we are not the policeman of Africa, and cannot enforce our values, or lack thereof on others.

    December 22, 2009 at 3:01 pm
  22. mikhael #

    Why can’t all democracies hold referenda to resolve this issue once and for all. Let the people decide what is right and wrong for them! After all isn’t the majority that rules!

    December 22, 2009 at 3:55 pm
  23. Cobus Fourie #

    This is getting a bit much.
    We do not live in a mob-rule country and have explicit constitutional values and rights.

    What would have happened if referenda was held about racial segregation in the USA or slavery at the hight of it’s appeal? Culture is not static, which was once acceptable is totally deplored today.

    Homosexuality is a biological reality and not a simple lifestyle choice, the same premise for prejudice applies to racism, xenophobia and other social evils.

    I implore everyone to read The Strange Alchemy of Life and Law by Justice Albie Sachs – each one on this forum will learn something.

    December 22, 2009 at 4:21 pm
  24. Cobus Fourie #

    Some contradictory stories appeared but the first one about the Ugandan president denouncing the Ugandan Genocide Bill:

    “The President of Uganda has threatened to veto the a controversial new bill that could see homosexuals sentenced to the death penalty or lifetime imprisonment.”

    http://www.pinknews.co.uk/2009/12/22/ugandan-president-threatens-to-reject-homophobic-bill/

    Whether or not this will happen is wait-and-see now… We can only hope.

    December 22, 2009 at 4:34 pm
  25. Pongoland #

    Why should we not take action against the abuse of human rights, wherever they happen in the world.

    Do you really believe that arbitrary borders drawn by the European empires should dictate which human we should try to protect from inhuman treatment?

    Shame!

    December 22, 2009 at 5:36 pm
  26. Wilhelm #

    Being held to ransom by the stone age. Whole heartedly agree with the first commentator, if Africa wants to be part of the world, for better or for worse, then the country must attempt to embrace modernity in some form at least. The anti-gay legislation in Uganda is primitive. But, if we had a referendum on the matter here in SA, most people would vote to kill all gays and lesbians and bring back the death penalty. The masses aren’t necessarily the most intelligent if ever, and democracy has simply come to mean “he who screws more has political power” – hardly a recipe for success or the creation of a better world.

    December 22, 2009 at 11:03 pm
  27. Larry Lachman #

    @Mikhael

    To answer your question:
    Because so-called African democracies and their sheeple (including our own) are not yet sufficiently mature enough to to arrive at a mature decision.
    Something like giving twelve year olds the power to choose their own school hours.

    December 23, 2009 at 9:54 am
  28. Marea #

    @Mikhael

    So if the majority of people in Uganda decide that it’s right to kill a gay person for being gay then we should just be okay with it??

    So Hitler should have been left to kill the Jews??

    @Hugh Robinson:
    VERY bad generalisation to say that all blacks would condemn gays to death. I’m not even going to start on that one!

    @ The Praetor
    We have EVERY moral right to take a stand against the killing of innocent people who have chosen to live as gay human beings. They harm no one by choosing to be gay? But now they must die for it? How could you NOT feel morally obligated to (at the very least) express some outrage??

    December 23, 2009 at 11:07 am
  29. by the way, the continent with the most extrajudicial killings a year of homosexuals isn’t africa. it’s south america. i just want to point that out to you. people want to say “africa is all of these bad things” when south america has a lot of the same bad things going on. of course, south america is largely run by white people, hence the better press.

    last time i checked, there weren’t people in africa driving around with ak-47s specifically looking for homosexuals to shoot, like they do in both colombia and brazil. or maybe i’ve missed something that someone would like to share with me.

    [yes, both countries have laws that aren't as gay-negative as those of many african countries. but the extrajudicial killings, and the near-complete lack of enforcement or desire to solve them, are a pretty clear indication that the police can and will look the other way.]

    December 23, 2009 at 5:03 pm
  30. People don’t CHOOSE to be gay. Being gay is not a matter of choice, but of BIOLOGY.

    “Biological factors which may be related to the development of a heterosexual, homosexual, or bisexual orientation include genes, prenatal hormones, and brain structure.”

    http://en.wikipedia.org/wiki/Biology_and_sexual_orientation

    December 23, 2009 at 6:02 pm
  31. A Turing #

    What are you saying Siphiwo Siphiwo?

    Is it your opinion that threats to the basic human rights of something like 750 000 Africans is a trivial issue compared to things like high banking fees?

    December 23, 2009 at 6:19 pm
  32. Larry Lachman #

    Thats the point Marea.

    You can express your outrage all you want but it just turns this blog into a tea-party of madams, and toffs at their cigars. The peasantry have other ideas.

    December 23, 2009 at 7:10 pm
  33. brent #

    Siphiwo Siphiwo agree 150% but you should be brave enough to forcefully address these concerns to the ruling party and its allies not to a bunch of spoilt brat bloggers that we all are.

    Brent

    December 24, 2009 at 8:46 am
  34. Xolani #

    When did Uganda stop being a Sovereign State. What are we the Messaih’s of Africa.

    December 26, 2009 at 10:38 am
  35. thabo #

    why bother with Africa?I have long lost hope.
    lets face it Africa is lost cause,finish and klaar.

    December 28, 2009 at 9:25 am
  36. Makes You Think ? #

    After Americans Visit, Uganda Weighs Death for Gays
    http://www.commondreams.org/headline/2010/01/04

    January 13, 2010 at 10:11 am

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