5. Promotion of homosexuality
(1) Any person who…

(e)Uses electronic devices which include internet, films, mobile phone and
(f) Who acts as an accomplice or attempts to legitimize or in any way abets homosexuality and related practices
Commits an offense and on conviction is liable to a fine of five thousand currency points or imprisonment of at least five years or both.

(Others have done far better in drawing attention: the bill’s been well-covered by Global Voices, Foreign Policy, Africa’s LGBT bloggers, and Uganda’s own Daily Monitor.)

Demonstrator at August 2007 anti-gay rally in Kampala

Yesterday, Andrew Sullivan of The Atlantic posted a link to an article by James Kirchick, who argues that the US should withhold HIV/AIDS support funding to Uganda unless the bill is withdrawn:

From 2004 through 2008, Uganda received a total of $1.2 billion in PEPFAR money, and this year it is receiving $285 million more. Clearly, the United States has a great deal of leverage over the Ugandan government, and the American taxpayer should not be expected to fund a regime that targets a vulnerable minority for attack — an attack that will only render the vast amount of money that we have donated moot.
…
Irresponsible and reprehensible behavior on the part of Ugandan officials should lead to a serious re-evaluation of U.S. policy and an ultimatum for the Ugandan government: It must desist in its promotion of deadly homophobia or say goodbye to the hundreds of millions of dollars it has received due to the generosity and goodwill of the American people.

Kirchick makes some good points in his article: the Ugandan government consistently blames the gay population for the spread of HIV but is intent on making it impossible for men who have sex with men to receive much-needed HIV-related education, counseling and health care without the fear of jail time. Withholding PEPFAR funding would spark a popular outcry, forcing the government to change its mind.

Still, I’m not convinced. Kirchick acknowledges that protests by human rights groups so far “have only made the government more defiant.” As sad as it is, I think anti-gay sentiment is so deeply embedded in the current administration and so often blamed on Western influence that withholding US aid may have the same effect. I see Bahati digging in his heels, claiming America wants to further corrupt Ugandan society by not only supporting homosexuality but by helping spread HIV, and I see the majority of the country agreeing with him, even as more Ugandans die of AIDS-related illnesses.

Instead of cutting off critical support for Ugandans living with HIV, I think the US should start withholding military aid. I’ve written before about how poorly executed and ineffective Uganda’s attempts to defeat the Lord’s Resistance Army have been. Cutting military aid won’t make this any worse, and popular opinion of the government’s efforts in this area is so low already that I don’t think citizens will buy an argument that blames the United States. I also believe the government is more likely to respond to a loss in military support than they would be to a loss in HIV aid.

In the past, I’ve begged my government to increase its support to military efforts in northern Uganda. It hasn’t helped. Now, I think we have a chance to do something good with that money: cut it off, and don’t give it back until the Bahati Bill is dead.

As drought spreads throughout East Africa, more than three million Ugandans are at risk of starvation. According to a recent Oxfam report, the famine is the result of spectacular climate change in the region. Massive floods in 2007 ruined crops and eroded fields throughout northern and eastern Uganda. The current drought, which is also affecting neighboring Kenya, has worsened the food shortage and led to the current crisis. Hunger has claimed the lives of more than 40 people in the northern and eastern parts of the country, and bloggers fear more will die before the government takes notice.

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Bloggers Antipop, Eizzy, Kyomuhendo-Ateenyi and Josh are featured.

They allegedly mobilised logistical support for their rebellion, which included satellite phones, solar panels, Global Positioning System (GPS) machines, black polythene sheets, gum boots, walkie talkies, laptops and fire-arms.

The 11 suspects appeared before Buganda Road Court Magistrate Geoffrey Sayekwo but were not allowed to enter plea because the court did not have jurisdiction. They were unkempt.

Sayekwo read out the charges before sending them on remand to Luzira Prison. They face a second, alternative charge of concealing treason.

The suspects, according to the charge sheet, committed the offence between 2006 and May 2009 in eight districts, including Masindi and Kampala. The other districts are Gulu, Pader, Kitgum, Nebbi, Apac and Amuru.

Blogren, have you heard anything about this?

Uganda’s Internet penetration rate is a little over six percent, a number that prevents large swaths of the population from joining Uganda’s blogren or accessing the global blogosphere. For one village, the Guardian and Observer’s Katine Project is working to change that.

Since October 2007, the Katine Project has tracked the impact of a dedicated £2.5 million ($4 million) AMREF development project in Katine, a rural sub-county in northeastern Uganda (virtual tour). In addition to providing general news about Uganda and tracking developments in five key project areas, the project has been training local residents to use video cameras to document their lives.

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The International Criminal Court’s recent fumbled attempt to try Congolese rebel leader Thomas Lubanga Dyilo is the latest addition to a series of reasons why an ICC indictment of Sudanese president Omar Hassan Ahmad al-Bashir would be unwise.

Darfur refugee Sam Ouandja
Photo courtesy of hdptcar on Flickr

Lubanga’s trial, which began last month after nearly three years of delays, was marred by incompetent handling of its first witness: a former child soldier who withdrew his testimony before the end of the first day, saying he had never served in Lubanga’s army and claiming that a humanitarian aid organization had told him what to say.

The witness had been promised that his identity would be kept a secret, but he took the stand in full view of those in the courtroom, including Lubanga. After he changed his story, it emerged that pre-trial judges had prevented the prosecution from witness proofing, a two-part process where lawyers can walk witnesses through the courtroom before the trial and explain procedure, and where witnesses can practice answering questions and can re-read their own prior testimonies to refresh their memories. Though different countries have different policies on witness proofing, the international criminal tribunals for both the former Yugoslavia and Rwanda and the Special Court for Sierra Leone all chose to allow it, citing its ability to prevent incidents like the one in the Hague last month.

Things are even messier in Sudan, where the ICC announced last July that it is considering indicting al-Bashir on charges of genocide, crimes against humanity and war crimes – a double first for the court, which has neither indicted a sitting head of state nor charged anyone with genocide. Moreno-Ocampo would like to charge al-Bashir with more than 300,000 deaths in Darfur and the internal displacement of nearly three million Sudanese citizens. He claims that the president ordered both Sudanese armed forces and the Janjaweed militia to attack and destroy villages belonging to three separate ethnic groups in Darfur.

Burning village painting at encampment for Darfur
Photo courtesy of futureatlas.com on Flickr

What’s happening in Darfur is despicable, and al-Bashir is undoubtedly responsible – if not for instigating the violence, at least for his failure to attempt to stop it. At the same time, the ICC’s charges, if passed (a decision is expected in November), will carry little weight. Sudan has signed but not ratified the Rome Statute, the act that created the court. This means the country is not legally bound to follow any ICC directives, raising the question of who, exactly, will waltz into Khartoum and slap handcuffs on al-Bashir. When news of the potential arrest warrant broke in July of last year, the deputy foreign minister of South Africa — a country whose post-apartheid Truth and Reconciliation Commission has been praised for its success — admitted that al-Bashir would likely never be arrested and said a warrant would not help bring peace to Darfur.

Even if al-Bashir’s arrest were probable, it would not be immediate, giving him ample time to retaliate against Darfur, something both experts and aid workers in Darfur say is likely. The day after the ICC announced its intentions to investigate al-Bashir, anti-Western riots took place in Khartoum and Darfur. It’s not unthinkable that, were the indictment to become a reality, Sudan might shut its doors to international aid organizations whose presence is still desperately needed in Darfur.

The ICC has a history of missteps in Africa. Its 2005 indictments – the court’s first – of five leaders of the Lord’s Resistance Army, a Ugandan rebel group infamous for child abduction and extreme brutality, are widely blamed for disrupting the peace process in Uganda. LRA leader Joseph Kony reportedly walked out of negotiations with the Ugandan government upon learning of the warrants, and the group, which had eased its attacks in Uganda, has since launched a renewed offensive that included the massacre of nearly 1000 Congolese civilians last December.

In 2007, Ugandan president Yoweri Museveni asked the court to suspend the indictments in favor of a local justice process, hoping to encourage Kony to sign a peace agreement. Chief Prosecutor Luis Moreno-Ocampo refused, and Kony is still in hiding as his troops pillage their way through northeastern Congo.

Article 16 of the Rome Statute gives the UN Security Council the power to put the ICC’s decision on hold indefinitely for any reason. Both the African Union and the Organisation of the Islamic Conference have pressured the Security Council to invoke the article, provided al-Bashir agrees to make a good faith effort toward peace in Darfur. Suspending the prosecution, if only temporarily, would avoid increased bloodshed and would allow the ICC to work through its trial issues with Lubanga before embarking on yet another case. If the ICC’s handling of the Uganda and Democratic Republic of the Congo cases are any indication of the court’s ability to carry out their mandate in the best interests of African conflicts’ victims, the Security Council should comply.

Crossposted on The Morningside Post and The Huffington Post (albeit with a disappointing typo in the title)

A couple of things:

1) Maybe I’m just being crotchety and pessimistic, but is it really news that the United States has been assisting the Ugandan military in its less-than-successful attempts to confront the LRA? Operation Iron Fist comes to mind.

2) The article claims, “The Ugandan government has tried coaxing Mr. Kony out. But the International Criminal Court in The Hague has indicted him on charges of crimes against humanity, and he has long insisted the charges be dropped.” We’ve talked about this before on Jackfruity, but the ICC didn’t just swoop in against the government’s wishes and hand out arrest warrants like concert flyers. Museveni referred the case to them.

I’ve been reading a lot about ethnic conflict this week to prepare for two presentations I’m giving next month, but rather than quote something, I’d like to point you to two related links that came my way today:

Never Again in Sri Lanka is a set of video clips in English, Sinhala and Tamil that commemorate the 25th anniversary of the 1983 anti-Tamil riots in Sri Lanka. The videos were originally broadcast on Sri Lankan television and have been collected and preserved online as part of the effort to document the Sri Lankan civil war, one of the longest-running ethnic conflicts in the world. (Original link from GV: Sri Lanka: Anti-Tamil riot videos.)

Resolve Uganda is hosting a petition to President Bush, thanking him for meeting with President Museveni this week at the UN and asking him to continue to work for peace and justice in northern Uganda. The meeting and the petition are in response to a recent spate of LRA attacks in the Democratic Republic of Congo that have caused at least 75,000 people to flee. UNICEF is estimating that 90 children were abducted.

The Uganda Conflict Action Network has been posting near-daily updates about the conflict since June 2005.

A month-by-month description of the peace talk process and of the status of peace and reconciliation (these overlap a lot; anyone know why they aren’t merged?) can be found at USAID’s Virtual Presence Post: Northern Uganda.

The Beyond Juba Project looks beyond the peace talks and the conflict in northern Uganda to address larger issues of sustainable national reconciliation. It is a joint initiative of the Refugee Law Project, the Human Rights and Peace Center and the Makerere University Faculty of Law.

A photo essay about the six days photographer Erin Baines spent with the LRA in Nabanga, Sudan in August 2006: “How does one prepare to meet the world’s most wanted man? Should I have at least brushed my hair that day? He told me it was nice to meet me. I think I smiled stupidly the whole time. It hardly seemed appropriate.”

I also wrote earlier about my northern Uganda reading list. If a book and a cup of coffee are more your style, this is a good place to start.

from Flickr via Snaptography

Earlier this month, DeTamble and Gay Uganda both linked to BBC’s special feature on the war, an interactive map of the destruction the conflict has wrought in a single village near Lira, Uganda.

On another note, tonight I’ve been listening to Exile, an album by northern Ugandan musician Geoffrey Oryema. Oryema’s father was a cabinet minister who was murdered by Ugandan security forces during Idi Amin’s reign. Exile, at least according to Wikipedia, chronicles the singer’s subsequent flight from Uganda in 1977. As I’ve listened and read through the BBC feature I’ve been wondering what landscapes Oryema remembers from Uganda.