THE DISCUSSION OF HOMOSEXUALITY AND HUMAN RIGHTS: WHAT'S THE BENEFIT OR COST?
A few thoughts before I step out of this room (which room? Never mind!)
Human
rights are natural entitlements that accrue to everyone by virtue of being
human. They are:
1.
Universal
2.
Inherent
3.
Inalienable
4.
Interdependent/inseparable/interconnected
5.
Enjoyed on the basis of nondiscrimination
Throughout
my over ten years of human rights advocacy and practice, I have known and
shared information with stakeholders including beneficiaries of my work that
the first thing we must look at is or consider is the aspect of A HUMAN BEING
(You and Me) with flesh and blood flowing through our veins.
On
the matter of homosexuality, I request that we explore a little more. We seem
to understand but the more we talk about it, the more we seem ignorant about
it. Entirely.
I
cannot out-rightly say it is a human right to be LGBTQI+. No. Human rights are
universally recognized standards that are quite obvious and a mention of a
right might not necessarily cause a discussion of this nature. People always
seem to quickly accept rather than argue. Once an argument ensues, then you
know we might need to get back to that 1948 room and rethink.
It
is a reality that some people turn out to be LGBTQI+ and feel that way. It is a
REALITY in life that one finds themselves attracted to people of the same
gender; that that's where their heart, body and soul finds rest and peace.
Shall we crucify them for the way they feel?; for who they are? Definitely
NOT.
But...
Let's
understand that the known standards of human rights are well spelt out in
instruments such as the Universal Declaration of Human Rights (1948);
International Covenant on Civil and Political Rights (1966); International
Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) which are
handed down in our 1995 Constitution of the Republic of Uganda (as amended).
We
ought to take absolute care while noting that we usually generalize human
rights with fundamental freedoms and my humbly kept
view is that these have a thin line of separation. However, that thin line
means a lot to the extent that whereas human rights have the five (or more)
standards first noted above, fundamental freedoms are not universal, they are not
inherent, they are not inalienable. For example, under Article 29 of the
Constitution, one has the right to freedom of expression which is universally
accepted and recognized but the freedom here is how you express yourself; what
you express yourself about and over. That's why we see many views here some of
which we "think are okay and some not." But we express ourselves,
anyway. It's the judge who knows.
We
have the right to marry and found a family under Article 31 (1) but the freedom
is who do you marry, where do you marry from? For instance, we can't say
"EVERY MAN HAS THE RIGHT TO MARRY JANE." I mean, what if I have
appreciated Dianah? My choice and freedom will be Dianah, not Jane. My right is
to marry and found a family. Of course the other argument is what if I just
want to marry and not found a family? Then we will ask you to ask yourself why
you are marrying, which answer you, alone, have. May be that's why a man in the
person of James can approach a woman in the person of Jackie for a hand in
marriage and Jackie rejects the proposal because she has her preference. James
is not her preference for a husband. And we can do nothing about it. We cannot
go to court to enforce James' feelings and desire to marry Jackie.
What
I am saying is we can enforce rights (albeit with some effort) but it is a
quite complex to enforce freedoms because they come with one's desire and
choice. They are individualistic. On the other hand, we can and we must enforce
rights because they are natural... We are born with them. That's why we exist
as human rights defenders, seeking respect for and protection/enforcement of
human rights for all. Credit to Hon. Jovah Kamateeka (then MP, Mitooma) who
tabled and had the process that led us into having the current Human Rights
(Enforcement) Act, 2019.
Note
that freedoms and choices come as we grow up and are informed by the society we
live in. Human rights are inherent, got at the time of birth (or even
conception).
Lesbians,
Gays, Bisexuals, Transgender, Queer, Intersex and other Gender conformation (+)
people are undeniably HUMAN BEINGS. But the questions are:
1. What do they want over and above what is
already available?
2. What is the special recognition they are
seeking?
3. Is it an endangered or very vulnerable
species/category of people?
Let's
face it.
Uganda
as a sovereign State has not yet recognized that LGBTQI+ people can freely do
everything they want to do or are asking for and some of the reservations are
based on moral, religious, cultural and other considerations. And here, we are
dealing with norms, beliefs and traditions, practices that are sought to be
preserved.
Laws
and regulations are set/formulated by Parliament and Leadership at different
levels through consultative processes and that's why probably, the 2014 Anti
Homosexuality Act was "brought down" because it had not only issues
of technicality but acceptance.
I
am straight. I would love my children, relatives and friends to grow up
straight. I pray for that.
But,
should anyone come out and say they are LGBTQI+, including those within my
circles, I will never deny them on that basis. I will know it is a place and
point in their life which has to be accepted and handled as is. I have no
authority to judge or condemn. I have to sit face to face with the issue. We
must talk about. Someone must help me understand, just as I will seek to help
them understand the points of divergence so that we bring them into
convergence.
But
I will constantly remind them that they cannot over emphasize or seek undue
attention because of their placement. They will seek to enforce their rights
to life, privacy, information, expression, assembly, association, work and
others as human beings but not on the basis of being LGBTQI+. Being LGBTQI+ is
a reality, not a right in itself. You may wish to reflect again, here.
Until some day when advocacy will lead us and the experts to consider being LGBTQI+ as a universally recognized right, it shall remain a concept and petition that is gathering signatures, in Uganda especially.
Finally,
because I am a Bible reader and believer, St. Paul tells us in 1
Corinthians 6:12 that I am free to do anything I want, but some things
are not good for me to do. I am free to do anything, but I will not become a
slave of anything.
And
then...
God,
in Genesis 1:28 "blessed them (Adam and Eve) and said to them, “Be
fruitful and increase in number; fill the earth and subdue it. Rule over the
fish in the sea and the birds in the sky and over every living creature that
moves on the ground.”_
We
all know how multiplication/procreation happens... Male must meet female. Even
if there are other scientific and artificial modes, male must meet female. The
rest might be a quest to change what was, what is, and what is yet to be.
The
world we live in is faced with very many issues including what you have listed,
above.
And
that is the very reason we exist as human rights defenders in our different
thematic focus areas.
While
someone is promoting and striving to protect the right to vote, another is
seeking to promote and protect the right to life, to education, to shelter,
safe and decent accomodation, to a clean and healthy environment, among others.
So,
the discussion here is to question ourselves and find the acceptable answer to "who
is this person called or referred to or identifying as:
Lesbian?
Also
see:
https://queerintheworld.com/what-does-lesbian-mean/
Gay?
https://au.reachout.com/articles/all-about-being-gay
Bisexual?
https://www.webmd.com/sex/what-is-bisexual
Transgender?
https://www.apa.org/topics/lgbtq/transgender
Intersex?
https://www.plannedparenthood.org/learn/gender-identity/sex-gender-identity/whats-intersex
Once
we have read the very much available information on different sites, the next
question is:
Do
they have a category of their own?
Remember
we have stated it without a doubt that human rights have three categories:
1. First generation (Civil and Political)
2. Second generation (Economic, Social,
Cultural)
3. Third generation
(Group/Collective/Solidarity)
I
personally believe that LGBTQI+ people fall under the third category just as
Women, Youth, Persons with Disabilities, Workers, Teachers, to mention but a
few).
Compared
to the concept of human rights defenders that comes to great light in 1998 with
the adoption of the UN Declaration on Human Rights Defenders, the concept of
gender diversity and homosexuality is as old as creation.
https://en.m.wikipedia.org/wiki/History_of_homosexuality
Also
see:
https://www.focusonthefamily.com/family-qa/homosexuality-its-origin-and-place-in-creation/
What
brings it to table are the different developments that we have had in the most
recent times but we have silently kept with it.
https://www.hrw.org/news/2014/08/07/it-now-legal-be-gay-uganda
https://en.m.wikipedia.org/wiki/LGBT_rights_in_Uganda
https://observer.ug/news/headlines/76852-homosexuality-how-students-get-hooked
So,
as we take a break, let's remember that we are dealing with a real issue
that we cannot close our minds to but continue to discover how best to deal
with it.
May
be we will start with looking at why Sodom and Gomorrah were destroyed. Till
then.
Robert MUGISA
Human
Rights Lawyer & Consultant
Human
Rights Defender & Advocate
Comments
Post a Comment