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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After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Commission event. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.