Claire Moore (Queensland, Australian Labor Party) Share this | Link to this | Hansard source

In late 2009, the Ugandan government introduced repressive anti-homosexual legislation into their parliament. This legislation imposed the death penalty for certain homosexual acts defined as aggravated homosexuality. Part 2 of that bill would sentence HIV-positive homosexuals to death for the sexual act. Part 3 of the bill would make it illegal to provide social and medical services to lesbian, gay, bisexual and transgender Ugandans. For example, a landlord that rented a home to a homosexual could receive seven years imprisonment. The bill would make it illegal to publicly defend gay and lesbian rights. The bill, in fact, would turn Ugandans into anti-homosexual informants. Any discussions of homo­sexuality or proven failure to report a homosexual activity would also be criminalised, and if convicted of this crime the Ugandan citizen may face seven years in prison.

Julius Kaggwa, the Ugandan lesbian, gay, bisexual and transgender activist, and founder of the group Support Initiatives for People with Atypical Sex Development, received the Annual Human Rights Award for defending the rights of gays in Uganda, a very brave act in that situation. He wrote of his opposition to this bill:

In an attempt to determine the cause of my sexual variance, a dentist once asked me if there were witches in my family. In addition to my dentist's unwelcome inquiries, I've had my house set on fire, had several demands for invasive body searches as a prerequisite for job interviews and church membership, and lost a job due to slanderous media coverage about my sexuality. My personal experiences speak to the harassment that affects LGBT Ugandans every day, and the passage of this bill will weaken Ugandan democracy and ruin the lives of countless individuals who are already suffering under oppressive anti-homosexual legislation.

The introduction of this bill in 2009 made anyone who was opposed to homosexuality free to harass, enact violence against and aggressively attack people who were identified as being homosexual or supported anyone who was homosexual in their family or their community. This aggression spread through many areas of the community, and people had to be extraordinarily brave to speak about their own human rights or their own decisions. In 2009 the bill was not proceeded with, but very recently, at the beginning of this year, the Ugandan parliament again brought this bill forward onto its national agenda.

Through the amazing work of gay and social justice activists across the world, there was an international outcry to say that this legislation should not occur anywhere. In fact, there was a massive process, through email and using social networks, to ensure that people knew what was going on—because as you know, Mr Acting Deputy President, we do not get effective media coverage of what is happening in other countries, and in many ways this horrific legislation could have passed without notice; it could have gone through and people would have continued to suffer in absolute opposition to any sense of human rights. However, the international community did react, and there was a great outcry.

One of the reasons for that was the amazing activity of a strong gay man who came out in his area and was prepared to become the national face. David Kato Kisule, a gay campaigner in Uganda, died on 26 January aged 46. This man knew the risks that he was taking. This man put his own life at risk for something that was more important: the human rights of fellow people in Uganda and across the world. He decided that the way to react to what was happening in his country was to be out and proud, at great personal risk. He had many, many beatings. He was personally attacked. In 2004 he founded Sexual Minorities Uganda to campaign against the increased anti-homosexual activity in his country. He was the group's litigation officer because he knew how much litigation was needed; because, as a teacher, he was able to work within the law; and mostly because he was loud, impatient and demanding.

When a local newspaper called Rolling Stone ran a front-page article on what it called 'homos', promising to expose 100 of them and calling for these individuals, these Ugandan citizens, to be hanged, Mr Kato was one of only three Ugandans who were prepared to stand up and sue the newspaper. He was the only one who went to court to state his case that homosexuals were born, not made, and therefore could not be recruited. He took his case to the courts and, on 3 January this year, a judge ruled against Rolling Stone. Mr Kato received compen­sation of 1.5 million Ugandan shillings, about $640. It was not very much money, but it was the real principle that mattered. This brave man was prepared to take his case through the courts.

Meanwhile, the process of developing the legislation was continued. Mr Kato knew that he must take action, and he did. He continued to work within his own community and internationally through the social media network to bring this issue to the world stage and to make sure that people knew exactly what was going on. As a result of that action, there was a massive gathering of signatures on e-petitions, and there was action through Uganda to bring this issue to the notice of the parliament. In fact, the legislation has been deferred. It has not been defeated; it has only been deferred, and at great cost, because David Kato was murdered in his home—bludgeoned to death. He is a true martyr to the cause of social justice and human rights in Uganda.

But Uganda is not alone. Anti-homosexual legislation exists across the world. We know that a number of countries have imprison­ment and strong legal and criminal penalties for people who are identified as being homosexual. There is an international struggle to ensure that human rights law is shared and that people have the right to make their own decisions. At the 14th session of the Human Rights Council in June 2010, Australia, my nation, urged all states to end discrimination on the basis of sexual orientation and gender identity, and in particular to remove criminal penalties, including the death penalty, for offences on the basis of sexual orientation. Australia also co-sponsored the UN Joint Statement on Sexual Orientation and Gender Identity at the UN General Assembly in December 2008, and we continue to be active on the world stage in this area.

As part of the international protests at the Ugandan legislation, Foreign Minister Kevin Rudd made public statements against what was going on in the draft laws and also made sure that, at the local level, officers from the Department of Foreign Affairs and Trade spoke with the Ugandan acting high com­missioner in Canberra and that the Australian High Commission in Nairobi, Kenya, which has responsibility for Uganda, made similar representations to the government of Uganda. I quote Mr Rudd:

Australia is a global advocate in support of non-discrimination on the grounds of sexual orientation and will continue to take opportunities through the United Nations and other channels to urge all governments to end such discrimination.

It is important that we as world citizens take up our role to end the kind of legislation that was being introduced in Uganda and in so many other nations across the globe. We have an opportunity at the CHOGM that is going to be held in Fremantle later this year to ensure that people speak out against the kind of anti-homosexual activity that is a shame to all citizens. We have so many people who have had the courage to stand out against this legislation, and I hope—and I know that many people across our world hope—that David Kato's courage will be reflected in continuing opposition to legislation such as that which is on the Ugandan books.

Senate adjourned at 19:43