Human Rights group sues Scott Lively over persecution of gays in Uganda

Today, the Center for Constitutional Rights filed a federal lawsuit against Scott Lively on behalf of Sexual Minorities Uganda over Lively’s activities in fostering persecution against gays.

You can find the filing and more background at CCR’s website.

CCR is basing the suit on accusations of violating the Alien Tort Statute (28 USC 1350) which states in sum: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.”

The filing makes a strong case that Lively’s work in Uganda has systematically, since 2002, led to persecution of LGBT people in Uganda. Lively, according to this New York Times article, thinks the suit is ridiculous, adding, “I’ve never done anything in Uganda except preach the Gospel and speak my opinion about the homosexual issue. There’s actually no grounds for litigation on this.”

This will be an interesting case to watch. I can imagine other suits based on advocacy of persecution of other minorities, e.g., religious minorities, coming forward if this is successful. For instance, if there are people in the U.S. who support or work with foreign entities to limit religious freedom in other nations, perhaps religious minorities would bring suit here.

Uganda gay leader says Associated Press misquoted him; group not partisan

The New York Times this morning ran this Associated Press story on the Anti-Homosexuality Bill that did not make sense to me.

Ugandan President Urges Softening of Anti-Gay Bill

By THE ASSOCIATED PRESS

Published: January 7, 2010

Filed at 7:12 a.m. ET

KAMPALA, Uganda (AP) — A provision that would impose the death penalty for some gays is likely to be removed from the proposed legislation following opposition from Uganda’s president, the country’s ethics minister said Thursday.

President Yoweri Museveni has told colleagues he believes the bill is too harsh and has encouraged his ruling National Resistance Movement Party to overturn the death sentence provision, which would apply to sexually active gays living with HIV or in cases of same-sex rape.

The proposed bill, though, says anyone convicted of a homosexual act would face life imprisonment and it is unclear whether Museveni supports that provision or not.

Gay rights activists say the bill promotes hatred and could set back efforts to combat HIV/AIDS in the conservative East African country. Protests already have been held in London, New York and Washington.

”The death penalty is likely to be removed,” said James Nsaba Buturo, Uganda’s minister of state for ethics and integrity. ”The president doesn’t believe in killing gays. I also don’t believe in it. I think gays can be counseled and they stop the bad habit.”

Ruling party spokeswoman Mary Karoro Okurut said she also agrees with the president that some punishments in the bill should be dropped. But she said she will still push for a modified version of the bill when it comes to parliament in late February or early March.

”Although the president is against some parts of the bill, the bill has to stay,” she said. ”(Homosexuality) is not allowed in African culture. We have to protect the children in schools who are being recruited into homosexual activities.”

Frank Mugisha, leader of Sex Minorities Uganda, said the gay-rights group will campaign for and support President Yoweri Museveni in the 2011 polls because of his opposition to the bill’s harsher provisions.

”If one scratches your back you also scratch his back,” Mugisha said. ”Museveni’s action shows that he is a true democrat. As a head of state he is doing the right thing of protecting all interests of its citizens including those of the minorities.”

The group said it has received a growing number of complaints of harassment from gays and lesbians across the country since the legislation was first proposed.

Julian Peppe, the group’s program coordinator, said she was chased by a crowd of angry people while trying to leave a supermarket on Christmas Eve in the capital.

”I can no longer move out of my house due to fear of being beaten up by people,” Peppe said.

The measure was proposed in Uganda following a visit by leaders of U.S. conservative Christian ministries that promote therapy for gays to become heterosexual. However, at least one of those leaders has denounced the bill, as have some other conservative and liberal Christians in the United States.

The Catholic church in Uganda has said it supports the bill but not the death penalty provision.

But a group of non-traditional churches has accused Museveni of siding with gays and maintains that the Bible supports killing gays. The churches accuse the president of bowing to pressure from Uganda’s many international donors.

”If Museveni manages to convince parliament to drop the anti-gay bill, that will be the worst tragedy to befall Uganda,” said Pastor Solomon Male, the chairman of the church coalition, Arising for Christ. ”Uganda should not dance to the tune of donors. We have our values to protect.”

Anglican Archbishop of York John Sentamu, who is one of the global fellowship’s most senior priests, has said he condemns the proposed law in his native country.

This section did not ring true:

Frank Mugisha, leader of Sex Minorities Uganda, said the gay-rights group will campaign for and support President Yoweri Museveni in the 2011 polls because of his opposition to the bill’s harsher provisions.

”If one scratches your back you also scratch his back,” Mugisha said. ”Museveni’s action shows that he is a true democrat. As a head of state he is doing the right thing of protecting all interests of its citizens including those of the minorities.”

I called Frank Mugisha to ask if he was quoted correctly and he said no, he was not quoted correctly. He said he did not say, ‘if one scratches your back, you also scratch his back.’ He also noted that Sexual Minorities Uganda (SMUg) does not support specific political parties, saying

We are not political. As an organization, we don’t support any party. Like all Ugandans, some of our members support one party, and others support another party.

Regarding President Museveni, Mugisha said he did not know what stance he had taken. His comment to the reporter was meant to be a hypothetical statement, saying

I said, ‘if the President protects gays, then he is being democratic.’ We do not know yet what he is going to do.

Apparently, the leaders of the pastor’s coalition believe Museveni might thwart the bill based on their comments but I am not really sure what to believe after reading this article. Apparently Minister Buturo is inclined to recommend some kind of counseling or assistance in place of death but it is not at all clear what the specific changes will be.

Report from the Uganda conference on homosexuality: Open forum

Frank Mugisha is the chairperson of a gay advocacy group in Uganda called Sexual Minorities Uganda (SMUG). An unnamed person from his group attended all of the meetings in Kampala and filed this report. Obviously, I cannot vouch for the accuracy of it and I think it should be considered one person’s impressions of the event. There are some issues raised in it however, which I am exploring and will probably post about in the future. For now, I am just going to post a link to the report and open the floor for comments.