Christmas fear in Uganda

A proposed new law takes state homophobia to new and sinister levels in East Africa.

The Ugandan Speaker of Parliament’s suggestion that the proposed anti-homosexuality Bill would be passed "as a Christmas gift" to Uganda is deeply chilling. Hearing the developments in the news, it feels like we’ve been here before - and remembering the murder of human rights activist David Kato, concerns about where this will go are acutely real.

Friends and colleagues in Uganda, and other countries, face an on-going emergency. Being gay, lesbian, bisexual or transgender means discrimination, denial of basic human rights, and criminalisation. It doesn’t go away just because the headlines stop for a while.

The LGBTI community in Uganda is facing harassment and persecution, made worse by hate-speech and the fanning of homophobic flames by those in Uganda and abroad. We know the impact that this has on their physical, sexual and mental health, and it’s unacceptable.

In its current form, the Bill proposes, among other serious penalties, that a parent who refuses to denounce their gay son or lesbian daughter could face up to three years in prison - or a fine of up to roughly twice the average yearly household income for a Ugandan family. And we’ve heard this described as protecting the family. The list goes on – proposing a systematic denial of the most basic rights – to health, housing, education, freedom.

Talking to gay friends in East Africa I’m sometimes taken in by the relaxed way we talk about their security. I’m tempted to believe that she doesn’t mind moving house every few months to keep her profile low; that he’s happy to travel always with a friend and not alone. It can be easy to forget how difficult it is for him to access healthcare, or not to notice when he downplays the end of his last relationship, which ended not because they stopped loving each other, but because the pressure became too much. Or that their family and friends have cut contact.

It’s easy to do all this because the friends I speak with are resilient, courageous. They’re just trying to get on with their lives, and spend very little time complaining about what is often a daily reality. But just as the story doesn’t go away when the news cameras stop rolling, the reality is that this Bill has already taken its toll by legitimizing hatred and discrimination. And while the re-tabling of this Bill is disturbing for what it might bring, I’m disturbed by the menace it has inflicted since it was introduced in 2009.

This reality will continue as long as this Bill languishes in Parliament: because the stigma, harassment and denial of rights that people experience today does not exist in a vacuum. It’s shocking to see MPs, and others holding positions of authority, use this Bill and the media furore to distract attention from critical issues: like the growing concerns over corruption that have resulted in the UK halting its aid to the Ugandan Government.

As long as those with the power to reject the Bill hold back from doing so decisively and completely, they carry part of the responsibility for threats to the safety, security and health of all Ugandans affected.

Aoife NicCharthaigh is Policy and Advocacy Manager for the international sexual and reproductive health and rights charity, Interact Worldwide

Protesting outside the Ugandan embassy in London. Source: Getty

Aoife NicCharthaigh is Policy and Advocacy Manager for the sexual and reproductive health charity, Interact Worldwide.

 

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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.