04 Mar 14 | Africa, News and features, Uganda
Ugandan president Yoweri Museveni (Photo: Wikipedia)
President Yoweri Museveni signed Uganda’s Anti-Homosexuality bill into law on 24 February, and the fallout has already started. The World Bank has cancelled a $90 million loan to the country, European Union countries are threatening to withdraw aid, and the United States is reviewing its cooperation with Uganda. President Museveni has hit back, saying Uganda would raise its own money to fund its development projects. The US, which was the first voice its discontent, was told off: “Our relationship with the US was not based on homosexuality.” David Bahati, the MP who introduced the bill, said in an interview that the west is imposing social imperialism on Uganda, a thing they are not ready to accept.
“I will work with the Russians,” Museveni said.
So the president feels that even without the west, Uganda has development partners that it can still rely on. Considering he was not supportive of the so-called Bahati bill in its initial stages, Museveni’s last-minute change of heart is baffling.
The law stipulates that punishment for homosexuals will be a life jail sentence, while those who “attempt” to engage in homosexual acts face seven years in prison. The law also targets journalists and others seen to participate in “production, procuring, marketing, broadcasting, disseminating, publishing of pornographic materials for purposes of promoting homosexuality”. It even attempts to reach beyond the country’s borders, implong that Uganda will have to ask countries where gay Ugandans live to extradite them so that they can face the law.
Public opinion goes both ways. Many are happy that the president is standing firm against “the west” and the perceived scheme of promoting homosexuality in Uganda and Africa at large. Others claim that the president signed this law to achieve cheap popularity with the 2016 elections around the corner. It is also claimed that President Museveni is just playing his usual political games. When the anti-homosexuality bill was passed by parliament early this year, one of the president’s legal brains, Fox Odoi, publicly stated that if the president ever assents to this law, he would challenge it in court.
Odoi has now teamed up with Ugandan journalist Andrew Mwenda to take the case to the constitutional court. It is alleged that this was Museveni’s game plan: sign the law, annoy the west and appease the locals, and then have his henchmen challenge this law in court and make sure it remains there forever. In this case, the west will soften their stance towards Museveni, and the locals will be told to be patient and leave the legal process to take its course. In that case, he will have killed two birds with one stone, and would go for the 2016 elections with both the west and the locals in his pockets.
Civil society has also been critical, not because the anti-homosexuality law is unnecessary per se, but they have questioned whether homosexuality is the biggest problem Uganda faces today, and warrants such urgency. With high youth unemployment, squalid conditions in health facilities and theft of public funds in government institutions, they believe priorities should lie somewhere else other than “fixing” homosexuality.
“The timing for the assenting to this law by the president is meant to divert the country’s attention from the discussion on the deployment of Ugandan forces in South Sudan and our mandate there. This law is very diversionary, and it is unfortunate that Ugandans have swallowed the president’s bait,” said Godber Tumushabe, a renowned civil society activist.
Opposition leader Kizza Besigye has criticised the new law, saying that homosexuality was not “foreign” and that the issue was being used to divert attention from domestic problems. “Homosexuality is as Ugandan as any other behaviour, it has nothing to do with the foreigners,” said Besigye. He accused the government of having “ulterior motives” and using the issue to divert attention from other issues, including Uganda’s military backing of neighbouring South Sudan’s government against rebel forces.
Sweden’s Finance Minister Anders Borg, who visited the country a day after the signing of the law, said it “presents an economic risk for Uganda”.
But Besigye accused them of double standards, saying that their cutting of aid over gay rights alone was “misguided”:
”They should have cut aid a long time ago because of more fundamental rights, our rights have been violated with impunity and they kept silent,” he said.
This article was posted on March 4, 2014 at indexoncensorship.org
29 Nov 13 | News and features, Uganda
Hundreds of Ugandans took to the streets in support of the government’s proposed anti-homosexuality bill in 2009 (Image: Edward Echwalu/Demotix)
The Ugandan government’s position on homosexuality is considered one of the harshest in the world. The proposed Anti-Homosexuality Bill, seeks to, among other things, broaden the criminalisation of homosexuality so that Ugandans who engage in same-sex relations abroad can be extradited to Uganda and charged. Originally, some of the provisions in the law called for death penalties or life sentences for those convicted as homosexuals. It has since been amended to remove the proposal of death penalties, but the life sentences remain.
A special motion to introduce the legislation was passed only a month after a two-day conference where three American Christians asserted that homosexuality is a direct threat to the cohesion of African families. Indeed, the church — both Anglican and Catholic — plays a big role in shaping the government’s tough stance on homosexuality. New Pentecostal churches are also fuelling the anti-gay message, with firebrand crusaders like Pastor Martin Sempa at the forefront.
Together, the state and the church accuse the gay community of recruiting young people in schools. There have also been claims that gay people are recording sex videos with young Ugandans that they then sell abroad. It is said that young people are lured into this with promises of financial gains. Sixty-five-year-old Brit Bernard Randall is facing trial for engaging in gay sex, and for possession of videos of him engaging in gay sex.
Anti-gay legislation has been in place in Uganda for some time. Laws prohibiting same-sex sexual acts were first introduced under British colonial rule in the 19th century, and those were enshrined in the Penal Code Act 1950. Section 146 states that “any person who attempts to commit any of the offences specified in section 145 commits a felony and is liable to imprisonment for seven years.” On 29th September 2005, President Museveni also signed a constitutional amendment prohibiting same-sex marriages.
But the anti-gay bill is not the only story on this topic to come out of Uganda in recent times. In 2004, the Uganda Broadcasting Council fined Radio Simba $1,000 for hosting homosexuals on one of its shows, and the radio station was forced to make a public apology. In January 2011, LGBT activist David Kato was killed. Kato, together with Patience Onziema and Kasha Jacqueline, had successfully sued a Ugandan paper the Rolling Stone and its Managing Editor Giles Muhame. The paper had published their full names and photos, as well as those of a number of other allegedly gay people and called for the lynching of all homosexuals. The court issued a permanent injunction preventing the paper and the editor from publishing the identities of any other homosexuals. Kato’s murderer, Enoch Nsubuga, was handed down a 30-year prison sentence.
On 3 October 2011, a local human rights and LGBT activist challenged a part of the Equal Opportunities Commission Act in the Constitutional Court. Section 15(6)(d) prevents the Equal Opportunities Commission from investigating “any matter involving behaviour which is considered to be (i) immoral and socially harmful, or (ii) unacceptable by the majority of the cultural and social communities in Uganda.” The petitioner argued that this clause is discriminatory and violates the constitutional rights of minority populations. A decision has not yet been made on the petition.
The bill has, however, caused the most outrage. The Ugandan government and the evangelicals faced immense international criticism, and the bill was met with protests from LGBT, human rights and civil society groups. Countries including Sweden even threatened to stop their aid to Uganda in protest.
In response to the attention, the bill was revised to drop the death penalty, and President Yoweri Museveni formed a commission to investigate the possible repercussions of passing it. The Speaker of the Ugandan parliament promised in November 2012 the bill would pass by the end of the year as a Christmas gift for the group that supported it. It is, for now, still on hold. But while the Ugandan government has toned down its rhetoric against the gay community lately — this is believed to be due to international pressure — the persecution of gay people in the country persists.
This article was originally posted on 29 Nov 2013 at indexoncensorship.org
26 Nov 13 | News and features, Politics and Society, Uganda
The government of longtime Ugandan president Yoweri Museveni has been accused of intimidating journalists covering the impeachment of the lord mayor of Kampala, who is a member of an opposition political party. (Photo: Wikipedia)
Against the backdrop of the political uproar following the attempted sacking of Kampala’s lord mayor, journalists reporting the story have been summoned to give statements to the police. Observers say that the government is gagging the media by barring comments from politicians who don’t toe the official line.
Media covering the case have also been attacked. On 25 November, journalist Allan Sewanyana, who is also a councillor on the Kampala City Authority, was beaten by police as he attempted to deliver a petition calling for a court injunction against the impeachment proceedings. Journalists from different media houses were sprayed with tear gas and stopped from reporting on the chaos that erupted downtown after news of the lord mayor’s removal filtered out.
Eight months ago, the government of President Yoweri Museveni started a process of ousting the mayor of Kampala, Lord Mayor Erias Lukwago, a member of the opposition Democratic Party (DP). This process led to the establishment of a tribunal, by many labelled a “kangaroo court,” where Lukwago had to defend himself against the accusation of neglect of duty levelled at him by pro-government city councillors. The tribunal found him guilty. Battle lines have been drawn: The government has moved to impeach the mayor and the opposition parties have thrown their weight behind the mayor by calling for nationwide protests.
The explosive situation has drawn coverage from the country’s media and entangled journalists. So far, two reporters covering the events have been summoned to the police to make statements. Meddie Nsereko, who works with radio station CBS FM and television station NBS TV was summoned over comments he made on his radio talk show “Kiriza oba Gaana” (“Believe it or not”). He was given stern warnings against inviting opposition politicians to speak on his show. This comes at a time when CBS FM is picking up the pieces of its 2009 closure. Back then, the government shut the broadcaster over coverage of riots that erupted after authorities stopped the Buganda King from touring parts of the country. It was out of business for over a year. With this experience still fresh in mind, CBS FM has bowed to pressure and stopped inviting opposition politicians to speak on that show.
The second journalist, Basajja Mivule of Akaboozi ku Bbiri FM, was summoned by the security chief of Kampala, also for inviting opposition politicians to his show. He was severely reprimanded. Akaboozi ku Bbiri FM is owned by Uganda’s finance minister, Maria Kiwanuka. Now Mivule has to make a choice between his professionalism or losing his job.
The government has threatened NBS TV because it recorded the “ugly scenes” that happened at the city hall and streamed them on social media. According to some sources, the “Black Mamba” — a shadowy security outfit — is said to have attacked the journalists outside the city hall and court. This same group is said to be associated with the kidnapping of presidential hopeful Kizza Besigye in 2005.
Pictures have been published of journalists and civil society members being rounded up and beaten by the police and other security groups that are not easily identified. Even ardent supporters of the system feel that things are falling apart.
Despite the official intimidation, the Ugandan public are aware of the situation. The spirit of defiance can be felt in all parts of Kampala, even with the heavy police deployment.
“What should we do? They will not allow us all to go city hall to follow the deliberations on how they are impeaching the lord mayor we elected. They never consulted us as voters, and now they are chasing all journalists away from the deliberations. Who will keep us informed on what is going on? So they want us, the voters, to remain in the dark on what is happening, and expect us to stay calm? That is impossible,” one resident of Kampala said.
Although the government has come out to deny that it is targeting journalists and that the incidents which have happened so far are isolated, no one seems to believe this. The biggest challenge for journalists however, is the lack of a well-organised body that can take the government to task when these excesses happen.
Ugandan journalists have so far failed to unify themselves. The government knows this very well, and it is taking advantage of that weakness.
This article was published on 26 Nov 2013 at indexoncensorship.org
06 Nov 13 | Africa, Digital Freedom, News and features, Uganda
(Photo illustration: Shutterstock)
The number of Ugandans with internet connectivity keeps on increasing, especially because of the influx of cheap handsets with internet access from China. Today, over 990,000 Ugandans have Facebook accounts. This though, is still a drop in the ocean keeping in mind that the country has a population over 35 million. By comparison, almost 20 million have access to mobile phones with SMS capabilities. The current Ugandan regime seeks to have direct control over all these vital information dissemination tools.
The Uganda Communications Commission (UCC), a government arm set up as a regulator of the telecommunications industry, is the government’s barking dog in this endeavour, and has often been let loose to abuse digital freedoms in the country. Among other things, a directive was issued to all telecom companies to register phone and data SIM cards they sell, capturing all details about the buyer. The government also uses the option to transfer money via mobile phones, offered by many telecom companies, to monitor activities of opposition politicians and activists. With the enactment of the Public Order Management Act (POMA) into law recently, the Ugandan police has set up several bureaus in its different departments to monitor the social media, calls and SMS of individuals from the opposition and civil society, as well as journalists and other activists. POMA is a draconian law that has been enacted to limit the movements and gatherings of people without police permission, among other harsh provisions.
Since the government of Uganda liberalised the economy in the 1990’s, several telecommunication companies and other Internet Service Providers (ISPs) have been offering telecom services in tandem with the international developments in that industry. Today, the biggest ISPs are the South African MTN, the French Orange, Bharti Airtel, which has now merged with Warid Telecom, and the indigenous UTL. During the riots of 2009 and 2011, UCC asked all ISPs to block emails, SMS and Facebook messages that had any political content or that mentioned names of certain government and opposition politicians. Although some protested, they had to give in or risk losing their operation licenses in the country. It should be noted too that all the telecommunication companies in the country have political godfathers high up in the echelons of the current government. With this arrangement, ISPs are easily beaten into the “correct line.”
Among the different social media channels available today like Whatsapp, Twitter and e-mails, Facebook remains one of the most widely used and fastest growing social media channel. All others are used basically by what one could term as Uganda’s elite class. The Ugandan police, on behalf of the government, recently asked Facebook to provide them with information held about all Ugandans with registered accounts – a request Facebook turned down. Many Ugandans are today able to air out their grievances with government through Facebook, and this is one of the highly monitored social media outlets by the government. Critics have used this outlet to discuss issues with the public, and the regime is not happy with it. The government manoeuvres clearly indicate that it would very much love to have total control of the social media channels, but it is hampered by the fact that all firms controlling these channels are abroad and out of its reach and patronage.
Take the case of the now famous Tom Voltaire Okwalinga (TVO), a Ugandan blogger who is also very active on Facebook. He has written extensively about the abuses of government, and he is one individual the Ugandan government would pay any price to identify and apprehend. Despite the government’s efforts to identify him and the number of security operatives that have been deployed to apprehend this individual, TVO has developed a big following on Facebook, usually commenting on his exposés.
His case shows how, in the nutshell, the Ugandan government is trying to gain an upper hand in controlling and curbing digital freedoms in the country.
This article was originally posted on 6 Nov 2013 at indexoncensorship.org
