In Uganda, Being Gay Might Soon Get You Killed

In America, the gay rights movement appears to be making headway towards the overall goal of equality. Bigotry and hate crimes persist, but the current dialogue being played out in state elections is about expanding rights to homosexuals, not curtailing them, and President Barack Obama is criticized for not doing enough for gay rights, not for doing too much. But while the gay community in America appears to be headed toward the realization of full human rights and equality, homosexuals in Uganda face a very real threat, and there is some evidence that influential Americans have or are playing a role in creating that threat.

The Ugandan government is currently deliberating over a bill that would make homosexuality illegal -- acts of homosexuality would be punishable by life imprisonment and repeat offenders would face the death penalty. The bill also contains an "aiding and abetting" clause that would make it a crime not to report acts of homosexuality, and Ugandans who practice homosexual lifestyles abroad would be subject to extraterritorial jurisdiction.

Aside from the obvious damage such a bill would do to human rights in Uganda if made into law, it could potentially exacerbate the HIV crisis in the country. In 2007, the HIV rate among Ugandan adults was 5.4 percent. Because HIV tends to be more common among the male homosexual community, a law that would lead gay men to hide all evidence of their sexual orientation would likely curb their access to treatment and testing.

The motives behind the bill, which American commentator Rachel Maddow has dubbed the "Kill the Gays" bill, can apparently be tied to prominent conservative American politicians and religious leaders. Most controversial is the role of Rick Warren, a pastor who spoke at Obama's inauguration last January and was a vocal supporter of Prop 8 in California (although he later denied it). Warren had close ties to Martin Ssempa, a Ugandan pastor who heads an anti-AIDS organization known for burning condoms. Warren cut ties with Ssempa in October, but was cagey when asked if he supported the bill, telling Newsweek, "It is not my personal calling as a pastor in America to comment or interfere in the political process of other nations." Warren has since condemned the bill.

Ugandan politicians have also drawn on the arguments of American religious leaders and therapists who contend that homosexuality is a choice and can be cured. In the video below, Maddow interviews one such therapist whose theories, although discredited by experts in the US, have been cited by the supporters of the "Kill the Gays" bill:

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Several U.S. politicians have also come under fire for their alleged connections to the bill. Chuck Grassley (R - Iowa), for one, has been accused of belonging to "The Family", a secretive Christian group that has been linked to the promotion of anti-gay, anti-abortion, and pro-free market policies in America and throughout the world. Notably, The Family is said to be quite active in Uganda, and may have helped author the "Kill the Gays" bill. Grassley originally stated that he was "too busy" to comment on the affairs of other nations, but has since condemned the bill as "un-Christian" and "un-just". He had also denied any connection to The Family.

The involvement of religious figures in the crafting of the Ugandan bill is disconcerting. In the past, Christian churches have typically been supporters of human rights, but the gay rights movement has been perceived as antithetical to Christian morality. In a speech in Uganda, Warren stated that homosexuality is unnatural, and so is not a human right (Warren claims to have been misquoted). Elsewhere, in Washington, D.C., the Catholic church recently threatened to withhold social services for the homeless if the city legalized gay marriage. Notably, however, some religious figures have spoken out in condemnation of the "Kill the Gays Bill," such as the Archbishop of Canterbury. At least one prominent member of the Ugandan Anglican church has spoken out against the bill as well.

If the Ugandan bill is made into law, it would be among the harshest such laws in existence anywhere in the world. Homosexuality has been criminalized in 77 countries and is punishable by death in seven, as the map below shows (countries with the death penalty are colored dark red):

While many countries appear increasingly progressive on the issue of gay rights, there is still not a broad international consensus on whether gay rights constitute human rights. In many countries, homosexuality remains taboo. In 2008, France introduced an E.U.-backed statement to the U.N. Genral Assembly that condemns violence, harassment, discrimination, exclusion, stigmatization, and prejudice based on sexual orientation or gender identity. The declaration prompted the introduction of another statement condemning it backed by members of the Arab League. Sixty-seven countries have signed onto the declaration in support of LGBT rights, while 57 have signed onto the opposing statement and the Vatican's representative to the U.N. has declared its opposition to the former.

Seton Hall Law Study Challenges Government on Gitmo "Suicides"

A new study from the Seton Hall University School of Law challenges the conclusions of an NCIS report on the deaths of three detainees at the U.S. military base in Guantanamo Bay. The NCIS report concludes that the three men, who were found hanging in their cells, committed suicide, but the Seton Hall study alleges serious irregularities an contradictions.

Most importantly, notes Scott Horton, law professor at Columbia University and expert on the law of war, the three detainees were said to have, on their own, stuffed rags so far down their throats that medical personnel could not extract them, made mannequins of themselves to fool guards, braided nooses, tied their own hands and feet together, and finally hung themselves from the cell walls. All of this was done, keep in mind, while they were supposed to be under constant supervision by guards and video cameras.

Also odd is that one of the detainees was only days from being released. 

The Seton Hall study also claims that evidence that should have been collected routinely was missing, and that NCIS questioning appeared to be constructed in order to get certain answers. Video of the hallway where the deaths took place is also missing from the NCIS report.

Even more distressing, notes The Atlantic's Andrew Sullivan, is that one of the dead detainees, whose body was subjected to an independent autopsy, had the heart, throat, and kidneys removed. Medical examiners say that the removal of the throat is highly irregular. That is especially troubling given the fact that detainees had had rags stuffed into their throats.

All of this seems to point at the very least to undisciplined conduct at the Gitmo prison, something which has been alleged in the past. At the worst, it might indicate a military cover-up of something far more sinister than guards leaving their posts. It is also indicative of the erosion of the rule of law that has occurred in the past eight years under the context of the War on Terror. A thorough investigation not only of this incident, but of military policy towards enemy combatants and detainees in general, is needed  to ensure not only that this does not happen again, but also that any crimes that may have occurred are prosecuted.

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