LGBT activists, human rights observers and police officers wait outside a courtroom in Uganda's constitutional court. Four activists had brought a case against Minister of State for Ethics and Integrity Simon Lokodo. Credit: Will Boase/IPS

By Andrew Green
KAMPALA, Aug 21 2012 (IPS)

In the face of rising public criticism over a range of controversial political manoeuvres, the Ugandan government has become increasingly hostile to the work of non-governmental organisations, particularly those advocating for the rights of the lesbian, gay, bisexual and transgender community, according to a new report from Human Rights Watch.

The report, released on Aug. 21, said that intimidation and obstructionist tactics have, over the last year, been used against NGOs working across a range of issues.

The report, “Curtailing Criticism: Intimidation and Obstruction of Civil Society in Uganda”, draws on interviews with 41 NGO officials, government representatives and donors in Kampala. HRW found that some civil society groups have started self-censoring in order to protect their staff, reflecting wider concerns that criticism of the government can be increasingly dangerous.

“The attacks on freedom of expression appear to coincide with increasing criticism of the ruling party’s governance,” Maria Burnett, a senior researcher for HRW’s Africa division and the author of the report, told IPS.

“At various times since President Yoweri Museveni took office in 1986, there has been some tolerance for critical or divergent voices. But since the February 2011 elections, government actors have been tightening the controls on both access to information and people’s abilities to express themselves, to obstruct the public’s understanding of the causes of the economic and political turmoil,” Burnett said.

Museveni, who has been in power for 27 years, is expected to run for another term of office in 2016.

“Since his re-election in 2011, political tensions have been running high and public criticism of government has escalated. To better control this environment, the ruling party’s high-ranking government officials are increasingly scrutinising NGOs and the impact they might have on public perceptions of governance and management of public funds,” HRW said in a statement on Aug. 21.

The report’s release comes on the heels of several clashes between the government and local and international NGOs. Officials threatened in May to kick Oxfam International out of the country if the British charity did not retract and apologise for allegations it made the previous September that more than 20,000 Ugandans were the victims of land grabs by a British multinational.

And in June the government ordered the Advocates Coalition for Development and Environment – a local think tank – to stop all political activities.

At the time, State Minister for Internal Affairs James Baba told Uganda’s Daily Monitor that his ministry, which has oversight of the country’s NGO Board – the government-run institution that currently oversees the non-profit sector in Uganda – was “working within its mandate.”

These moves come in the wake of increasing civil society analysis, research and criticism on a range of issues. This includes charges – raised by opposition politicians in parliament last year – of corruption in the fledgling oil sector, high inflation, and poor delivery of education and health services.

Efforts to highlight these issues, including a widely covered Walk to Work campaign organised by Activists for Change, have drawn international attention and – in the case of Walk to Work – violent crackdowns by police.

HRW reported that some of the civil society workers they interviewed said they had received anonymous phone calls encouraging them to stop researching certain issues. Others suspected their phones were tapped or their homes were under surveillance.

Though the number of high-profile incidents has increased in 2012, the government has had a history of obstructing NGO activity in the past – especially groups working around the LGBT and commercial sex worker (CSW) communities.

In 2009, Akina Mama wa Afrika (AMwA), a pan-African women’s advocacy organisation, attempted to hold a leadership training workshop in Uganda for CSWs. Although AMwA organisers said they informed government officials that they were planning the workshop and sent them a proposed agenda, the meeting was shut down the day before it was supposed to happen. The organisers had to shift the workshop to Nairobi.

The workshop was “not about promoting sex work,” Vivian Ngonzi, AMwA’s executive assistant, told IPS. “These were very learned women. They were discussing self-help, learning about their rights… I don’t know what’s illegal about that.”

The government has continued to close down workshops, specifically those focused on members of the LGBT community. HRW’s report highlights the “aggressively homophobic agenda” of Minister of State for Ethics and Integrity Simon Lokodo who ordered the closing this year of two workshops that included LGBT activists.

In February, he closed down a five-day meeting in Entebbe, Central Uganda, after participants, who included LGBT activists, were told that it was an illegal gathering. After the incident, four of the attendees filed a case against him in the constitutional court, charging him with denying them their constitutional right to assemble.

Declaring the fight against homosexuality a “national priority,” Lokodo also told HRW that groups like Sexual Minorities Uganda (SMUG) were “on a mission to destroy this country.”

Lokodo’s efforts have been made at the same time that a proposed Anti-Homosexuality Bill in Uganda seeks to criminalise homosexual activities and introduce the death penalty in some cases.

The bill – originally introduced in 2009 by member of parliament David Bahati, who claims that homosexuality has been imported from the West – listed the death penalty as punishment under an offence called aggravated homosexuality. This, according to the 2009 draft of the bill, was defined as “repeat offenders” of homosexuality, or when one of the participants in a homosexual relationship is under 18, or has a disability, or is HIV-positive.

The bill was allowed to lapse during last year’s parliament, and was reintroduced by Bahati in February, this time without the death penalty clause.

Pepe Onziema, the advocacy and policy officer at SMUG and one of the plaintiffs in the case, told IPS that the situation is getting “harder and harder” for LGBT-focused NGOs.

Onziema said, in the case of LGBT activists, the government is focusing on “a particular group of organisations to intimidate the rest of society” – something HRW also concluded.

“After the threats of closing down NGOs… things are getting worse,” Onziema said.

Local media organisations reported that Lokodo planned to ban 38 organisations that were sympathetic to the LGBT cause, though no action has yet been taken. HRW’s report found, even among groups not working on LGBT issues, that there is growing concern that any precedent established in closing those groups could later be applied to them.

HRW has called on the Ugandan government to reverse course “to change and improve its terms of engagement with all NGOs.” It noted that NGOs were forced to scale back their work, especially on controversial topics such as LGBT rights, in order to continue operating.

“One LGBT organisation had a small project to distribute brochures which carried the message that LGBT people are like everyone else and that God loves them. Because of the government’s obstructions to the work of LGBT groups, the organisers of this project felt that their volunteers would be unsafe and have stopped this work. In order to continue operating and providing services to their community, they have since limited the scope of their work,” the report says.

Specifically, HRW is calling for autonomy for the NGO Board. The organisation is also urging the government to investigate instances of unlawful interference, harassment or intimidation of NGOs, like the workshop closures.

More than a hundred LGBT people, and various civil and human right organisations gathered in protest against the growing violence, rape, intolerance and the South African government’s failure to address the problem. Credit: Neo Ntsoma/IPS

By Jedi Ramapala
JOHANNESBURG, Jul 19 2012 (IPS)

Wendy Hlophe* is still visibly grieving for her long-term friend, 28-year-old Sanna Supa, who was shot and killed outside her home in Braamficherville, a South African township, two weeks ago.

Tragically, Hlophe blames herself for Supa’s untimely death. Supa, a lesbian who came out about her sexual orientation three years ago, was one of the few openly gay women living in the township. She was a school administrator at Snake Park High School in Dobsonville, Soweto, and was killed as she parked her car at home on Jul. 1.

Hlophe told IPS that she holds herself responsible for Supa’s death because she is known as an openly gay woman in her township and she supported Supa when she came out. Hlophe fears that their closeness may have made Supa a target.

“We grew up in the same street and were often seen together,” she told IPS.

“I was shocked, and I couldn’t believe that she was gone. She was such a sweet person,” she added.

At the time of Supa’s death the Forum for the Empowerment of Women (FEW) had believed the motive for the crime was based on her sexual orientation as neither her vehicle nor her belongings were stolen.

“Are we the only people in this country noticing these killings … are the people being killed not human enough or not citizens enough?” asked FEW in a statement at the time.

The crime is certainly not a new one in South Africa. Supa is one of 10 lesbians who have been killed across South Africa in the past month because of their sexual orientation, said Jabu Pereira, a human rights and gender activist. Gay people are victimised daily across South Africa, activists said.

In February four South African men were sentenced to 18 years in jail for stoning and stabbing to death an openly lesbian teenager, 19-year-old Zoliswa Nkonyana, in 2006. Violence against lesbians is common here, with high incidences of “corrective rape”, where men believe they can “cure” lesbians of their sexual orientation.

So while Wednesday Jul. 18 marked the 94^th birthday of South Africa’s first democratically elected president and world icon, Nelson Mandela, gay rights activists here said they had nothing to celebrate.

And the 67 minutes that South Africans are encouraged to give back in community service on the day, a symbol of the 67 years that Mandela spent fighting for the freedom of his people, were considered a failure.

Gender activists and human rights organisations called the birthday a day of shame for the South African government and the ruling African National Congress (ANC), of which Mandela is still a member, for failing to halt hate crimes against lesbians, gays, bisexual and transgender (LGBT) people.

Activists accused the current government of turning its back on everything that former president Mandela stands for during a peaceful demonstration at the Library Gardens in Johannesburg’s city centre on Jul. 18.

More than a hundred LGBT people, and various civil and human right organisations gathered in protest against the growing violence, rape, intolerance and the government’s failure to address the problem. They said that the silence from government amidst the growing wave of hate crimes has exacerbated the situation.

“We are ashamed of our leaders, sick and tired of their silence,” Pereira said referring to the government’s inaction.

Protest organisers also condemned the homophobic comments made by ANC Member of Parliament Nkosi Patekile Holomisa following a submission by the House of Traditional Leaders to parliament’s Constitutional Review Committee that proposed the removal of the constitutional provisions protecting people from discrimination based on their sexual orientation or gender identity.

Holomisa is an advocate at the Supreme Court, a traditional leader, chairperson of the joint Constitutional Review Committee and chairperson of the Congress of Traditional Leaders of South Africa.

Holomisa said in a May 2012 interview that: “The ANC knows that the great majority of South Africans do not want to promote or protect the rights of gays and lesbians.”

In the interview he said he did not want to retract his comments and that “where I come from these things are not supported, not condoned.”

The ruling party has, however, distanced itself from the views. “The ANC believes that any law which denies people the right to their sexual expression devalues them in our broader society and as such is an affront to their dignity and a breach of Section 9 of our Constitution.”

Meanwhile, Wandile Ntubeni* sat on the margins of Library Gardens watching the group of protesters singing and toy-toying around the square.

Ntubeni, a 35-year-old father of three, said that what he heard about the discrimination and violence against gay people hurt him. He is a migrant worker from the Eastern Cape, where, he claimed, he had no contact with gays and lesbians. But he told IPS that it is wrong for the government to continue to be silent on the issue.

“I blame the government, they need to play a leading role in the discussion around how to deal with the issue and help us understand how to deal with it. Because some things can only be accepted if government or the ruling party gives us leadership.”

Ntubeni himself found it hard to explain why violent murder seemed to be the only response that some men had to gay women.

“People have a right to decide what they want to do with their bodies,” he concluded.

As he spoke, the director of the Gay and Lesbian Equality Project, Virginia Setshedi, led the chanting protestors to the ANC’s offices, which are directly opposite Library Gardens.

“Enough is enough!” she shouted to a handful of ANC party officials, including police officers, who stood lined up against the building’s walls.

Some scoffed, giggled and whispered, “This is a waste of time” while she read the protestor’s demands, which called for the government to break its silence on the issue.

“This is not a joke!” she screamed, her voice breaking. “This is a matter of life and death and we will not go away.”

The ANC’s elections manager Mandla Dlamini received the memorandum and said that the party would look at the document and formulate a response in due time.

Meanwhile, the tragedy of the often violent and humiliating treatment of LGBT people in South Africa remains a harsh reality.

And Supa’s violent death is something Hlophe will not forget.

“She was a sister to me, I still can’t face her mother,” she said on the verge of tears.

“She was happy after she came out to her mother,” she added.

A night vigil was held on Jul. 18 at the Women’s Gaol museum, at the country’s Constitutional Court in Johannesburg.

It was a time to remember all those who have been killed in vicious hate crimes from 2001 to July 2012:

Ivan Johannes,

Zoliswa Nkonyana,

Madoe Mafubedu,

Simangele Nhlapho,

Sizakele Sigasa,

Salome Massoa,

Thokozane Qwade,

Waldo Bester,

Eudy Simelane,

Khanyiswa Loyi Hani,

Desmond “Daisy” Dube,

Neil Daniels,

Sibongile Mphelo,

Girly S’Gelane Nkosi,

Noxolo Magwaza,

Nqobile Khumalo,

Unidentified,

Nontsikelelo Tyatyeka,

Unidentified,

Thapelo Makhutle,

Phumeza Nkolozi,

Sasha Lee Gordon,

Andrithat Thapelo Morifi,

and Sanna Supa.

*Names changed to protect identity.

Junior Mayema says that discrimination against gay people is just as bad in South Africa as in his home Democratic Republic of Congo. Credit: Davison Mudzingwa/IPS

By Davison Mudzingwa
CAPE TOWN, South Africa, Jun 26 2012 (IPS)

When Junior Mayema boarded a plane to South Africa from his native Democratic Republic of Congo in 2010, he cried tears of joy because he was finally heading to a country where he could live openly as a gay man.

South Africa is the only African country to recognise same-sex unions, and the country’s constitution forbids discrimination on the basis of sex, gender or sexual orientation.

However, when he arrived in South Africa Mayema shed even more tears. But this time they were tears of pain because of the exclusion and harassment he had to endure.

“It’s a very hard life I’m living, a very hard life,” the 24-year-old told IPS.

In South Africa Mayema has been verbally abused and beaten up several times for being gay. And he has lost confidence in the justice system because of apathetic law enforcers.

“I was beaten up last year and when I went to report it to the police they started laughing asking ‘Why are you gay? Just go to the hospital.’”

The prejudicial attacks are one of the reasons why Mayema left DRC. Being gay in his home country means finding work is almost impossible, and it means being discriminated against in education institutions and even being killed.

Mayema, a university drop out, had a close brush with death when his own family beat him up because of his sexual orientation. He said that he was starved for seven days, as his family attempted “to exorcise his demon.”

But he never expected to experience similar discrimination in South Africa. He told IPS that he was ejected from several shelters for being a gay man and a foreigner. The situation is sometimes so bad that he said he misses home.

“In South Africa it’s worse, there is xenophobia, homophobia and racism,” Mayema told IPS, lamenting his fading hope for a new life here.

But his story is sadly not unique. His is just one of many cases of hardships that refugee Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people experience here according to a report titled “Dream Deferred: Is the Equality Clause in the South African Constitution Bill of Rights just a far-off hope for LGBTI Asylum Seekers and Refugees”.

The report, produced by the People Against Suffering, Oppression and Poverty (PASSOP), was released on Tuesday Jun. 26. It found that at the root of the plight of refugee LGBTI people in South Africa was their lack of legal residential status. The report recommends that the government of South Africa sensitise its Department of Home Affairs staff to properly handle the application for refugee status by LGBTI people.

According to the United Nations Refugee Agency guide for adjudicating LGBTI refugee and asylum claims, threatened people should be granted legal status in their country of refugee. But this is not the case in South Africa.

“Out of 35 people we interviewed who applied, only two were granted refugee status,” said Guillain Koko, coordinator of the PASSOP LGBTI advocacy project.

Koko said that the lack of residence status jeopardises the chances of employment for refugee LGBTI people.

“They are the most vulnerable people,” he said. He added that the difficulties of being unemployed resulted in “two of those interviewed trying to commit suicide, while some were driven into sex work.”

Unemployment, Koko said, slows down social integration and even acceptance into local LGBTI social groups.

“They can’t go to gay clubs or restaurants because it’s expensive.”

Robinah Kintu, a former Uganda national soccer player who resides in Mandalay Township near Cape Town, is a case in point. She has a tenuous future in the country and she may soon be unemployed because she has not been granted residence here.

Kintu currently plays provincial league soccer for the Red Eagles Football Club in Cape Town. However, the South African Football Association has refused to grant her permission to continue playing since she only has asylum in the country. “When you are a foreigner and also a lesbian, for me, I call it war,” she told IPS.

“It’s dangerous.”

She has been living in the country since 2009 and said that there is little to distinguish between South Africa and her East African home, a country notorious for its homophobia, when it comes to people’s attitudes towards LGBTIs.

“The people there treat you, if you are lesbian or gay, like a pig,” she said. “The sentence is death, when they find out that you are a lesbian.

“In South Africa, it’s still the same. There is a law but people do not follow the law…even South African lesbians are raped and killed.”

In February four South African men were sentenced to 18 years in jail for stoning and stabbing to death an openly lesbian teenager, 19-year-old Zoliswa Nkonyana, in 2006. Violence against lesbians is common here, with high incidences of “corrective rape”, where men believe they can “cure” lesbians of their sexual orientation.

Kintu has been subjected to her fair share of harassment, and fears for her safety.

“If I had money I would move from this place, it’s not safe. That’s why you can’t find me walking out at night…they can kill or rape you,” she said, her voice breaking.

The PASSOP report calls for tighter law enforcement regarding the rights of LGBTI refugees in South Africa. It urges the government “to take affirmative measures to prevent, stop and prosecute acts of violence against LGBTI refugees.”