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Ugandan gay activist stresses LGBT equality key to fighting HIV/AIDS

Frank Mugisha attended the International AIDS Conference last week in D.C.

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Frank Mugisha (Blade photo by Michael K. Lavers)

Does the fight for LGBT rights directly impact efforts to combat HIV/AIDS, especially in places like sub-Saharan Africa?

Ugandan gay activist Frank Mugisha stressed during an interview with the Blade before he attended the International AIDS Conference at the Walter E. Washington Convention Center last week that he feels the two movements are interconnected. He said that a majority of LGBT Ugandans remain in heterosexual relationships, but a lack of information and pervasive homophobia contribute to the spread of HIV/AIDS. ā€œTheyā€™re married, theyā€™re partnered, theyā€™re in heterosexual relationships but as well theyā€™re keeping their same-sex relations,ā€ stressed Mugisha. ā€œSo that means thereā€™s no information on any protective measures. Thereā€™s no information on anything so that means theyā€™re engaging in unsafe sex and it is increasing HIV/AIDS.ā€

Mugisha, who is the executive director of Sexual Minorities Uganda, was among who those discussed the virusā€™ impact on men and boys and ways they can prevent its spread during a July 22 panel at AIDS

He said he also spoke with a Ugandan government official whom he declined to identify about anti-LGBT discrimination in the East African country during the conference. Mugisha told the Blade before AIDS 2012 that he planned to ask other Ugandan politicians who had traveled to D.C. to attend the five-day gathering about the so-called Anti-Homosexuality Bill that once contained a provision that would have imposed the death penalty upon anyone found guilty of repeated same-sex sexual acts and its impact on efforts to prevent the spread of HIV/AIDS.

ā€œI think they may be a bit defensive,ā€ he said. ā€œThey may say that no, we donā€™t discriminate against anyone. Anyone can go seek help, treatment. We donā€™t ask peopleā€™s sexual orientation. Iā€™ll tell them letā€™s be logical here. Thereā€™s no programming, thereā€™s no information so how do you expect someone to go and seek genuine services.ā€

Mugisha, who is the Robert F. Kennedy Center for Justice and Human Rightsā€™ 2011 laureate, also met with HIV/AIDS service providers and activists from Uganda and across Africa during AIDS 2012 that drew more than 30,000 delegates, journalists and activists to the nationā€™s capital.

ā€œFor me at the conference, the most important part is the network,ā€ he said.

The Jan. 2011 murder of activist David Kato, who was SMUGā€™s then-advocacy and litigation officer, inside his Kampala home after a tabloid published his name and home address brought the plight of LGBT Ugandans onto the international stage.

While it remains unclear when Ugandan Parliamentarians will once again debate the Anti-Homosexuality Bill, the government last month faced criticism after it shut down a gay rights workshop that the East and Horn of Africa Human Rights Defenders Project presented. SMUG in a lawsuit it filed in a Massachusetts federal court in March accused American evangelical Scott Lively of violating international law when he allegedly conspired with Ugandan political and religious leaders to further exploit homophobic attitudes in the East African country before Parliamentarian David Bahati introduced the Anti-Homosexuality Bill in 2009.

Mugisha, who debated Lively on Al Jazeera English last week, stressed during a Georgetown University panel in May that the case is about highlighting the ā€œex-gayā€ leaderā€™s homophobia. President Obama and Secretary of State Hillary Clinton have both urged the Ugandan government to protect the rights of its LGBT citizens. The White House and British Prime Minister David Cameron have also suggested that the allocation of international aid should hinge upon a countryā€™s record on LGBT rights.

Mugisha said that while this pressure has had some impact among Ugandan officials, he stressed that Americans should speak out against those from this country whom he contends continue to exploit anti-LGBT attitudes to advance their own agenda.

ā€œWeā€™ve seen most of the homophobia come from here ā€” from the U.S. to Uganda, the American evangelicals,ā€ he said.

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India

Indian political parties for the first time include LGBTQ rights in election platforms

Voters will begin to cast ballots on April 19

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(Photo by Rahul Sapra via Bigstock)

The world’s largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the country’s election.

This year’s election is different because national level political parties for the first time are promising to extend marriage rights to same-sex couples as part of their election platforms. 

The Indian National Congress, one of India’s oldest political parties, promised after wide consultation that it would introduce a bill that would recognize civil unions between couples who are part of the LGBTQ community. The party, which has governed India for the majority of the period since independence from the U.K. in 1947, has refrained from taking a stance on laws that include Section 377, which criminalized consensual same-sex sexual relations.

Then-Health Minister Gulam Nabi Azad in 2011 when the INC was in power said homosexuality is a disease. He made the controversial comment while speaking at an HIV/AIDS conference in New Delhi, the Indian capital.

“Unfortunately, this disease has come to our country too,” said Azad. “Where a man has sex with another man, which is completely unnatural and should not happen but does.”

When the Delhi High Court was hearing the Naz Foundation case, the Home Affairs Ministry opposed the striking down of Section 377 based on its belief that homosexuality cannot be morally condoned. The INC never struck down Section 377, which criminalized homosexuality, in parliament.

A 5-judge panel on the Supreme Court on Sept. 6, 2018, decriminalized consensual same-sex sexual relations.

The Communist Party of India (Marxist) on April 4 unveiled its platform with a range of socialist commitments, including support for LGBTQ rights. Among these pledges is to amend the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples akin to marriage. 

The platform also outlined plans to introduce a bill similar to the Special Marriage Act of 1954, which allows partners to be listed as dependents and facilitating like inheritance, alimony in the event of divorce and other issues. The party further pledged to enact a comprehensive anti-discriminatory bill that would include LGBTQ people, ensure quotas in educational institutions and implement horizontal reservations in employment.Ā 

Addressing the issue of crimes against LGBTQ people, the platform promised to treat such offenses on par with crimes against heterosexuals. The platform also calls for tackling bullying, violence and harassment of gender non-conforming and LGBTQ people in educational settings, enforcing anti-hazing policies and combating hazing based on sexual orientation and gender identity. 

The platform further touched issues related to transition and informed consent.

The Special Marriage Act of 1954 is a law that provides for civil unions among Indians and Indian nationals who live abroad, regardless of the religion or faith followed by either party. This law enables people from two different religious backgrounds to enter into marriage. Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act that extended rights to trans people.

Brinda Karat, a former member of the Rajya Sabha, the upper house of the Indian Parliament, andĀ leaderĀ of the Communist Party of India (Marxist), spoke with the Washington Blade and said the current government has homophobic ideas that are not acceptable to the party.

The ruling government under Prime Minister Narendra Modi is striving to secure more than 400 parliament seats in the upcoming election, aiming for a substantial majority. 

Various polls conducted by Indian news organizations indicate a probable victory for the ruling Bharatiya Janata Party. In response to the BJP’s dominance, Congress and several national and regional parties have joined forces as the Indian National Developmental Inclusive Alliance. 

This alliance comprises 26 opposition political parties. Despite its formation, however, there is no clear coalition strategy in place and only two parties have included LGBTQ-specific policies in their election platforms. 

The Blade reached out to Congress’ spokesperson for comment, but has not received a response. The BJP also did not respond to a request for comment.

The party has yet to release its election platform. 

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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Africa

Congolese lawmaker introduces anti-homosexuality bill

Constant Mutamba’s measure seen as distraction from country’s problems

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Congolese MP Constant Mutamba (Photo courtesy of Mutamba's X account)

A member of the Democratic Republic of Congo’s National Assembly who is a leader of the country’s opposition party has introduced a bill that would criminalize LGBTQ people.

Part of the bill that Constant Mutamba, leader of the Dynamic Progressive Revolutionary Opposition platform, has put forth states anyone who “commits a homosexual act (including acts and gestures) will be liable to a 5- or 10-year prison sentence.”

The country in recent years has seen government leaders and civic society target the community with anti-LGBTQ sentiments.

The Superior Council for Audiovisual and Communication, Media Regulatory AuthorityĀ  last JuneĀ cautioned the media against showing LGBTQ-specific conversations. Several activists have criticized Mutamba’s bill, saying it seeks to move attention away from governance, service delivery and other pertinent issues in the country.

Sirius Tekasala, a human rights activist, said a person’s sexual orientation does not impact issues of governance.

“The proposed bill does not go in the direction of improving the socio-economic life of the Congolese people,” said Tekasala. “It’s not homosexuals who prevent you from doing your job well or from breathing. This is a violation of human rights.”

Mbuela Mbadu DieudonnƩ, a social analyst and trade unionist, said the bill is just a way of deviating people from the pertinent issues.

“He should suggest how to get the Congolese people out of this precariousness of life which is growing on a daily basis,” said DieudonnĆ©. “When we don’t know the real problems of the Congolese people, he sets himself up as the great director of scenes to distract the Congolese people.”

Many Congolese, however, seem to support the bill and have applauded Mutamba for drafting it.

This is not the first time that such kind of a bill has been drafted.

An anti-homosexuality bill introduced in 2010 would have sentenced people who engage in consensual same-sex sexual relations to between three and five years in prison. The measure, however, did not become law.

Mutamba’s bill, however, may pass with Uganda’s Anti-Homosexuality Act in effect. The country’s Constitutional Court earlier this month upheld it. Burundi, Tanzania and other neighboring countries are also considering similar measures.

Many Congolese people view LGBTQ rights as a Western phenomenon that disregards their religious and cultural beliefs. LGBTQ Congolese are among those who have fled the country and sought refuge in the Kakuma refugee camp in Kenya and other places.

Consensual same-sex sexual relations are not criminalized in the Democratic Republic of Congo, but Congolese law does not recognize same-sex marriages.

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