We should act on Uganda's oppression of gays
By Paula Gerber
Updated February 18, 2014 16:26:13

PHOTO: An asylum seeker from Uganda, now in the US, covers his face as
he marches for gay rights. (Reuters: Jessica Rinaldi)
There are a number of actions Australia could take in response to
Uganda's inhumane new laws against gays. Sadly, we don't have a good
track record on this issue, writes Dr Paula Gerber.
Since 2009, Uganda has been threatening to pass legislation further
criminalising homosexuality and imposing even harsher penalties. The
threat has finally become a reality with President Yoweri Museveni
announcing, on Valentine's Day, that he is now ready to sign the Bill
into law, after initially expressing some reservations about it.
Although the death penalty provision that was in earlier drafts of the
Bill has been removed, there is still the prospect of life
imprisonment for the crime of "aggravated homosexuality", which is
defined to include, among other things, homosexual acts committed by a
person who is HIV-positive, and repeated sexual offences by consenting
adults.
Unfortunately, Uganda is not alone in persecuting sexual minorities in
Africa. There are currently 36 African countries that criminalise
homosexuality, including some that impose the death penalty. Uganda
is, however, the most recent example of a significant escalation in
the brutality of the laws and intensification of enforcement.
If we needed any more evidence of the harmfulness of laws
criminalising homosexuality, Columbia University has just released the
results of a study that found that lesbian, gay and bisexual
individuals who live in communities with high levels of anti-gay
prejudice have an average life expectancy 12 years lower than sexual
minorities in the least prejudiced communities. Dr Mark Hatzenbuehler
found that suicide, homicide/violence, and cardiovascular diseases
were all substantially elevated among sexual minorities in
high-prejudice communities.
The legislation has received international condemnation. US President
Barak Obama has warned the Ugandan President that signing the Bill
into law would complicate relations between the two countries and
would be a "step backward for all Ugandans".
British church leaders have written to the presidents of both Nigeria
and Uganda condemning their anti-gay laws on the basis that "the
victimisation or diminishment of human beings whose affections happen
to be ordered towards people of the same sex is anathema to us."
So what, if anything, should the Australian Government be doing in
response to this latest escalation in the persecution of gays in
Uganda? There are a number of options.
First, Tony Abbott could follow the lead of Obama and others in
unequivocally condemning Uganda's new anti-gay law. This would be
consistent with Australia's prior position on these laws.
In 2011, we were one of 10 countries that urged Uganda to
decriminalise homosexuality, during the UN Human Rights Council's
universal periodic review. Australia should now seize the opportunity
to again urge Uganda to strictly comply with its international human
rights obligations to respect the rights and dignity of gay persons.
Australia could also take practical steps to protect Ugandan gays by
prioritising asylum seeker applications from members of this
vulnerable group. There is
precedence for this. Many will recall that in 1999, then prime
minister John Howard provided temporary refuge for nearly 4000 Kosovo
refugees. A similar initiative for gay Ugandans having to flee their
country would be a practical and compassionate response to the
enactment of laws that put their lives in danger.
Another step the Australian government could take would be to refuse
to invite the Ugandan High Commissioner, Enoch Nkuruho, to any
official functions, and decline any invitations to attend any events
hosted by the Ugandan High Commission. This sends a clear message that
Australia will not condone Uganda's persecution of sexual minorities.
Finally, the Australian government should revise its advice on the
Smart Traveller website. Currently the website
states, in relation to Uganda, that "draft legislation has been
proposed that would further criminalise homosexual activity."
This needs to be updated as a matter of urgency, and include a strong
warning that gay travellers should not go to Uganda.
I am not confident the Australian government will embrace any of these
recommendations. After all, we do not have a good track record of
offering refuge to those fleeing violence and persecution based on
their sexual orientation or gender identity. Not only have we
frequently refused to believe asylum seekers when they say they are
gay, but we have also sent them packing on the
basis they will be safe in their country of origin if they just
"conducted themselves in a discreet manner". And now we are sending
gay asylum seekers fleeing persecution in their own country,
to PNG, where homosexuality can be punished by imprisonment for up to 14 years.
Although there is no shortage of human rights violations in Australia
that need addressing, we also need to be a good international citizen,
which means speaking up and taking action when grave human rights
violations occur in other parts of the world. Uganda presents us with
an opportunity to do just that.
Dr Paula Gerber is an Associate Professor at the Monash University Law
School. View her full profile here.
http://www.google.ca/gwt/x?gl=CA&hl=en-CA&u=http://www.abc.net.au/news/2014-02-18/gerber-we-should-act-on-ugandas-oppression-of-gays/5267160&q=We+should+act+on+Uganda's+oppression+of+gays&sa=X&ei=KwYEU4LpGsGt0QWyiIDQBQ&ved=0CCAQFjAA
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