Human rights organizations have widely condemned this decision as a violation of the couple’s basic and fundamental human rights. As the Times article pointed out, homosexuality is illegal in at least 37 African countries, including Malawi. After the latest good news coming out of Uganda, where an anti-homosexuality bill is likely to be withdrawn from Parliament, this is a sad reminder that LGBT people still face severe persecution and human rights violations in other African countries and beyond.

There are options for people in countries with draconian laws against homosexuality. LGBT people who have a well-founded fear of persecution in their native country due to their sexual orientation or gender identity may be eligible for asylum in the US and other countries.

Every year, PHR’s Asylum Network volunteers help people just like Tiwonge and Steven — people whose human rights have been violated simply because they defy cultural norms — to change their lives by gaining safe haven from their persecutors.

Asylum claims made on the basis of sexual or gender-based persecution, however, face major obstacles, making the powerful evidence provided by health professionals all the more crucial. Health professionals in the US can help fight injustices and gross human rights violations committed worldwide by supporting the efforts of those being persecuted to gain asylum in the US.

Take the case of J.C., an asylum seeker from Jamaica whose life was threatened because of his sexual orientation and his HIV+ status. He and his friends were attacked for being gay, and he had been forced to be closeted his entire life. He was diagnosed with Major Depression and panic attacks. Thanks in part to the powerful evidence provided by a psychiatrist in the Asylum Network, J.C. was granted asylum this year, giving him the chance to start a new life and recover in the US.

Put your medical expertise to good use and help promote human rights by joining the Asylum Network today!

• Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases/NIH
• Stephen Lewis, HAA supporter, Former  Special Envoy for HIV/AIDS in Africa and Co-Director of AIDS-Free World
• Dr. Peter Mugyenyi, HAA colleague and one of the world’s foremost specialists on HIV/AIDS,  founder and director of Uganda’s Joint Clinical Research Center
• Ambassador Eric Goosby, Former HAA Advisor and Ambassador at large and Global Aids Coordinator with the U.S. Department of State

The Times identified a deep funding gap for combating AIDS in Uganda, including a freeze on new funds from the United States and a lack of commitment to AIDS spending by the Ugandan government (which evidently has no problem finding $300 million to spend on Russian fighter jets). The Times also outlined the devastating human toll this funding gap is taking on people living with — and dying of — AIDS.

Sadly, this news is not new. In March 2009, PHR invited Dr. Peter Myugenyi, Founder and Director of the PEPFAR-supported Joint Clinical Research Centre in Uganda, to Washington, DC to talk about the emerging funding gap for AIDS in Uganda. Said Dr. Mugyenyi:

After urging people to get tested and enter care, we now have to tell them there is no treatment available when they need it. We created hope and now we are returning to the days when one member of a family can get treatment and the others cannot.

It is a recipe for chaos as patients start to share doses or skip treatment altogether. I fear that we will soon start to see more drug-resistant strains of HIV and rising death rates.

As The Times notes, one year later, Dr. Myugenyi remains fearful:

Dr. Peter Mugyenyi, the hospital’s founder, helped the Bush administration form its AIDS plan and sat beside Laura Bush during the State of the Union address as it was announced.

The loss of donor interest “makes me frantic with worry,” Dr. Mugyenyi said.

He offers copies of e-mail messages he exchanged with American aid officials. One reminds him that he has been instructed to stop enrolling new patients and asks for an explanation of reports that he is treating 37,000 when only 32,000 are authorized. Another asks him not to announce publicly that his funds have been frozen.

He admits slipping pregnant women and young mothers like Ms. Kamukama into treatment slots “contrary to instructions.”

“Morally, I can’t turn them away,” he said.

This story gained traction worldwide, and was followed by a New York Times editorial, The Wavering War on AIDS, which outlined a $13 billion deficit in AIDS spending, and a series of letters to the editor, including one by PHR Global Health Action Campaign advisor Pat Daoust.

Dr. Mugyenyi won’t turn away patients. And we won’t turn away from this issue.

PHR, in conjuction with other global health groups, sent a letter to Secretary of State Clinton last week, urging her to end the AIDS funding freeze and ensure Ugandans have access to life-saving AIDS treatment.

PHR members have spent years advocating for more global AIDS funding and health programming based on science and human rights. We will continue to fight for greater global health funding, a strong US global health strategy, and to ensure people living with AIDS worldwide have access to drugs and quality care.

Want to help? Encourage your Representative to co-sponsor the Global HEALTH Act, which will provide $2 billion for health system strengthening and support a comprehensive US global health strategy, both of which will help in the fight against AIDS.

Minister of Local Government Adolf Mwesige, chair of the special committee, called almost all of the clauses in the legislation either unconstitutional or redundant — a great win for health, human rights and the rule of law in Uganda.

The bill is still up for consideration, but this is a major blow, and as the New York Times reports, is a strong signal the bill will be dropped.

Uganda’s president, Yoweri Museveni, has publicly shown concern about the legislation and formed the review committee in February in response to international scrutiny. Though the panel’s ruling is not the final word, analysts saw it as a strong sign that the bill would eventually be dropped.

Recent Ugandan headlines include:

Rioters attack Mityana hospital” (New Vision, Aug 21, 2009)

12 Health workers held over drug theft” (New Vision, Jan 11, 2010)

Health officials remanded over theft of government drugs” (Daily Monitor, Mar 11, 2010)

These news stories reflect the public’s negative perception of health workers, who are almost always associated with being unqualified, incompetent, rude, corrupt, and thieves. Furthermore, personal stories shared with me about using the health system are most often about being ignored and mistreated — not about receiving good care by caring health workers.

For those of us advocating for health workforce development, the negative image of health workers makes it more difficult to garner support and foster dialogue. We should honor the truth of people’s experiences with health workers and the health system, but the problem is complex and there are many underlying factors that need to be addressed. Health workers are overworked, underpaid, and lack proper resources and equipment. Yet the majority of health workers still show up to work and perform their duties. If they didn’t, the health system would completely collapse. At the same time, we should expect and demand a standard of care from our health workers.

Ugandan nurse Mitterand Kiirya (Physicians for Human Rights)

Given the complexity of the issue and the lack of easy answers, I wanted to highlight one health worker who I feel exemplifies the notion of a dedicated and ethical health worker. Mitterand Kiirya is a research nurse for the Antiretrovirals for Kaposi’s Sarcoma (ARKS) study at the Infectious Disease Institute (IDI) at Mulago Hospital, the largest national referral hospital in Kampala, Uganda. For the past 2½ years, he has been working with HIV-positive patients who have Kaposi’s Sarcoma. Previously, Mitterand worked at Uganda Cares, an antiretroviral access initiative in Masaka.

I first heard about Mitterand through my roommate, a U.S. medical student working with him at IDI. She would often talk about his dedication, and how he would invite her to join him on visits to the countryside 6–7 hours away from Kampala to check in on his patients in their homes. This was not part of his duties, but something he did on his own time. But most of all, she would always talk about how he inspired her to be a good doctor, because he always put the patient first. And, despite all the challenges he faced, he always remained positive and managed to smile and make people laugh everyday.

Here are some highlights from a recent conversation I had with Mitterand:

Why did you want to become a nurse?

It was from watching my mother. She is a mid-wife in my village, Namugong, Kaliro [in the Eastern part of Uganda]. I watched her passion for her patients. How she cared for them, wanting to alleviate their pain. What I saw was that she tried to understand the patient, and I wanted to do the same thing.

What does it mean to understand your patient?

Well…before seeing the doctor, the patient has a lot of anxiety, especially when they are referred from place to place. So I try to sit and talk to them before they see the doctor, prepare them to receive what the doctor will tell them.

What do you see as the role of the nurse?

As a nurse, I try to reverse what was impossible, and make it possible. I try to bring a message of hope and new life, especially with my patients who are HIV-positive. If you haven’t even given the message of assurance, then it’s the equivalent of not having come to work that day.

People have encouraged me to further my studies, and become a doctor. I have thought about it a lot, but I don’t want to lose the contact with my patients, which I think happens sometimes with doctors. So, right now, I’m staying a nurse, staying with my patients.

You often see that nurses, or health workers in general, get discouraged by their work environment. What do you think about this?

Yes, I do see some of my colleagues who are not working. But what I try to do is motivate them. Remind them about the ethical requirements of our profession, but also try to serve as an example for them too. But, I tell them that “ we are here to serve our profession, give the service and think about the quality of your services, the quality of your service should determine your cost”. But you must work hard.

I know the system is broken. Infrastructure is inadequate, and the environment is making it difficult. We are losing the confidentiality of the patient, because we are sharing spaces with only curtains to divide, and sometimes not even that. I am always trying to improvise to keep the patients alive.

How do you stay motivated?

I have love for the patients. That is what motivates me. Be their friend, we need to be there first for the patients.

Tell me about the award you received from Alicia Keys.

When I was working at Uganda Cares in Masaka, she contributed ARVs and general support for HIV-positive children. She found me at Masaka, working as a nurse, she was told through my director, my medical director, Dr. Bernard Okongo. He introduced me as a hardworking nurse, who was dedicated with total love for his profession. I received an award and took a picture with her. It was a big ceremony held in Masaka.

I felt very…actually felt humbled really, for the public to appreciate my contribution and my profession, I felt humbled. I felt so humbled. In this country, what de-motivates people, you can serve, but failure to appreciate your service is another big issue. If the services we are offering are appreciated, the level of our service would be so high.

Thanks Mitterand for speaking with me.

No, I say ‘thank you’ to you, because you are listening to me. Everyday, I am here for others, listening to them, and having to hold back my pain. But it’s nice that I can talk and you listen to me.

Speaking with Mitterand is always inspiring, and I know he is not the exception. From my experience in Uganda, I have witnessed the dedication of health workers throughout the country, ranging from district health officials to field doctors and nurses and community health workers. Further, I have seen administrators, Ministry of Health officials and policymakers who are also working tirelessly to improve the health of the population. I think it’s important for us in advocacy to re-frame the issue of health workers, by highlighting the positive aspects of their work and recognizing them for it, so that the media and general public can better understand them and the complexities of the Human Resources for Health issue. And we need health workers to also speak out and show their commitment and concern for the health of the population, because in the end, we are all working towards a collective goal to ensure the right to health for all.

Ambassador Goosby’s optimism regarding increased funding in the coming years and the Obama Administration’s commitment to nearly doubling the number of patients receiving drugs, to at least 4 million by 2014, is somewhat reassuring. Unfortunately this is likely to be too late for the patients who need treatment now and yet are being turned away. A Lancet study on maternal mortality found AIDS to be a leading cause of death for mothers in Africa — and a leading driver of the terrible maternal mortality rates there. With access to ARVs, these mothers’ lives could be saved.

We realize that the program may appear expensive and that national governments also have a responsibility. However, seeking to control the costs of the program by capping the number enrolled is a short term strategy that will lead to greater human and financial costs in the longer term. It is essential that the US fulfill its promise to scale up global AIDS programs and do what is right for those in greatest need.

Yesterday, the Senate took a stand. Thanks in part to your advocacy, the Senate passed a resolution (S.R. 409) that not only condemns Uganda’s anti-homosexuality law, but also calls on governments around the world to reject and repeal similar laws that criminalize homosexuality.

Said Senator Russ Feingold, who introduced the resolution:

I am glad that so many political, religious and civic leaders in Uganda and around the world have spoken out against this hateful and dangerous bill before the Ugandan Parliament.  Sadly, this legislation is just one example of actions taken around the world to restrict the rights of people just because of their gender or sexual orientation. We need to speak out consistently against all such discrimination. The Senate’s passage of this resolution begins to move us in that direction, and I will continue working with my colleagues and the administration to continue to address this issue.

The Ugandan government has heard you too — whether or not they’ll admit it. The Bill is currently stalled in Parliament — we believe because of the incredible global backlash against its hateful premise. We will keep you updated of any movement in the bill, which has been condemned by human rights and health activists world-wide.

Check out the press release from Senator Feingold’s office below, which includes the text of the resolution. And thanks again for calling on your Senators to act. The Senate heard you this week and made a powerful statement in suppot of the human rights of all people.

FOR IMMEDIATE RELEASE – April 14, 2010

Contact:          Zach Lowe (202) 224-8657

SENATE PASSES FEINGOLD RESOLUTION CONDEMNING UGANDA ANTI-HOMOSEXUALITY BILL AND SIMILAR EFFORTS WORLDWIDE

Bipartisan Resolution Urges All Countries to Reject and Repeal Laws Criminalizing Homosexuality

Washington, D.C. – The U.S. Senate has unanimously passed a resolution introduced by U.S. Senators Russ Feingold (D-WI), Tom Coburn (R-OK), Ben Cardin (D-MD) and Susan Collins (R-ME) calling on members of the Ugandan Parliament to reject the so-called “Anti-Homosexuality Bill.” The bill, which was introduced in the Ugandan parliament in October 2009, would expand penalties for homosexuality in Uganda to include the death penalty, and require citizens to report information about homosexuality to the police or face imprisonment.  In addition to condemning the proposed legislation in Uganda, the bipartisan resolution also urges all countries around the world to reject and repeal similar laws that criminalize homosexuality, and encourages the United States Department of State to closely monitor human rights abuses based on sexual orientation.  In addition to the proposed bill in Uganda, there are laws on the books in nations around the world criminalizing homosexuality.

In several countries including Iran, Nigeria, Saudi Arabia and Sudan, the penalty for homosexuality includes the death penalty.

“I am glad that so many political, religious and civic leaders in Uganda and around the world have spoken out against this hateful and dangerous bill before the Ugandan Parliament.  Sadly, this legislation is just one example of actions taken around the world to restrict the rights of people just because of their gender or sexual orientation.  We need to speak out consistently against all such discrimination.  The Senate’s passage of this resolution begins to move us in that direction, and I will continue working with my colleagues and the administration to continue to address this issue,” said Feingold, Chairman of the Senate Foreign Relations Subcommittee on African Affairs.

The resolution reads:

RESOLUTION

Calling on members of the Parliament in Uganda to reject the proposed ”Anti-Homosexuality Bill”, and for other purposes.

Whereas a bill introduced on October 14, 2009, by a member of Parliament in Uganda would expand penalties for homosexuality to include the death penalty and requires citizens to report information about homosexuality to the police or face imprisonment;

Whereas many countries criminalize homosexuality, and in some countries, such as Iran, Nigeria, Saudi Arabia, and Sudan, the penalty for homosexuality includes the death penalty;

Whereas the United States, in seeking to promote the core American principles of equality and ”Life, Liberty, and the pursuit of Happiness,” has long championed the universality of human rights;

Whereas religious leaders in the United States, along with representatives from the Vatican and the Anglican Church, have stated that laws criminalizing homosexuality are unjust; and

Whereas the people and Government of the United States recognize that such laws undermine our commitment to combating HIV/AIDS globally through the President’s Emergency Plan for AIDS Relief (PEPFAR) by stigmatizing and criminalizing vulnerable communities: Now, therefore, be it

Resolved, That the Senate-

(1) calls on members of the Parliament in Uganda to reject the ”Anti-Homosexuality Bill” recently proposed in that country;

(2) urges the governments of all countries to reject and repeal similar criminalization laws; and

(3) encourages the Secretary of State to closely monitor human rights abuses that occur because of sexual orientation and to encourage the repeal or reform of laws such as the proposed ”Anti-Homosexuality Bill” in Uganda that permit such abuses.

###

PHR made the following video in collaboration with our Kenyan partner group, the Health Rights Advocacy Forum. In this 6-minute video, four health workers at Mbagathi Hospital talk about  the challenges they face every day — and why they stay and practice medicine in their home country. This moving video can be shown on campus or at your workplace to stimulate discussion and urge people to take action.

For more personal stories, check out Africa’s Health Care Worker Crisis: Views from the Ground, a PowerPoint presentation that outlines six main drivers of the health workforce crisis in Africa and explores these challenges through the eyes of four Ugandan medical student leaders. Feel free to use this to make a presentation on campus or in your community, or use facts from it to drive home the need for action.

And watch our slideshows of Dr. Fred Katumba and Clinical Officer Jane Byarugaba following them through a typical day as they provide health care to the rural poor in Southwestern Uganda. Dr. Katumba’s work has propelled Lyantonde District to #2 out of more than 90 districts in terms of health outcomes — a phenomenal accomplishment and testament to Dr. Katumba, his staff, and the millions of hard-working health professionals who help communities realize the right to health every day.

The Senate introduced a similar resolution — S.R. 409 — on February 4, 2010, that recognizes the unjust nature of Uganda’s Anti-Homosexuality Bill and includes a clause that addresses the threat the bill poses by way of stigmatization and criminalization to the efficacy of the President’s Emergency Plan for AIDS Relief (PEPFAR) program. Original cosponsors of the resolution include Senators Feingold (D-WI), Coburn (R-OK), Cardin (D-MD), and Collins (R-ME).

Want more background on the Ugandan anti-homosexuality bill? Check out our blog posts from December and January.

Take Action

While both resolutions have garnered strong bipartisan support, more cosponsors are urgently needed. Tomorrow, we’ll be sending out an action alert which will give you the chance to email your Senators and Congressperson to urge them to support these resolutions.

In the meantime, please contact your House and Senate representatives and urge them to cosponsor these resolutions. Call the congressional switchboard, 202-224-3121, to easily connect with House Representative and Senate offices. Let your Congress members know why you support the bill. And check back tomorrow for an email action on this critical health and human rights issue!

Take Action

Call  your Congress person to show your opposition to the proposed anti-homosexuality legislation in Uganda and to encourage his/her support to ensure strong US government opposition to this  bill, which if passed would be devastating to health and human rights in Uganda.

• Call 202-224-3121 and ask to be connected to your representative. If you don’t know who your current representative is, find out here!
• Introduce yourself as a human rights advocate and a constituent of your Representative.
• Sample call script:

As a [health professional/medical student/concerned citizen], I recognize and respect the important connection between the protection of human rights and the promotion of health. Uganda’s proposed Anti-Homosexuality Bill of October 2009 is an offensive bill that violates an individual’s rights to life, non-discrimination, expression, association, and a life free from harassment, and inhumane or degrading treatment. It will make it harder for doctors, nurses and medical professionals to provide confidential medical care to their clients, and will have a major negative impact on Uganda’s fight against AIDS.

On Thursday January 21, 2010, the Tom Lantos Human Rights Commission (TLHRC)  is holding a hearing to discuss this bill – I hope staff from your office will attend. Can I count on Representative _____ to oppose Uganda’s Anti-Homosexuality Bill and publicly support US government action to prevent the Bill from being passed?

Public Statement:

Tom Lantos Human Rights Commission (TLHRC) Hearing:

LGBT Community Under Attack:

Uganda’s Anti-Homosexuality Bill

Thursday, January 21, 2010

2:00 – 3:30 PM

Room 2171 Rayburn HOB

Please join the Tom Lantos Human Rights Commission for a hearing on the recent developments affecting the lesbian, gay, bisexual and transgender (LGBT) community in Uganda. The hearing will be held on Thursday, January 21, from 2:00 – 3:30 PM in room 2255 Rayburn HOB. The hearing is open to the media and the public.

On October 14, 2009, an ‘Anti-Homosexuality Bill’ was introduced in Uganda’s parliament. The bill as drafted would increase the penalty for “same sex sexual acts” to life in prison, limit the distribution of information on HIV through a provision criminalizing the “promotion of homosexuality,” and establish the crime of “aggravated homosexuality” punishable by death for anyone in Uganda who is HIV positive and has consensual same-sex relations. Further, the bill includes a provision that could lead to the imprisonment for up to three years of anyone who fails to report within 24 hours the identities of everyone they know who is lesbian, gay, bisexual, or transgender, or who supports human rights for people who are, to the government.

After an international outcry over the bill, including a strong response from the U.S. Department of State, Ugandan President Yoweri Museveni stated in a speech on January 13, 2010, that the bill had become a ‘foreign policy issue’ and needed further consultation before being voted on in parliament.

To discuss these important issues, we will welcome as Commission witnesses:***

I.  Panel:

Representative, U.S. Department of State (invited)

II.     Panel:

Julius Kaggwa, Civil Society Coalition on Human Rights and Constitutional Law, Uganda

Cary Alan Johnson, International Gay and Lesbian Human Rights Commission

Rev. Kapya Kaoma, Political Research Associates

Christine Lubinski, HIV Medicine Association, Infectious Diseases Society of America

*** Witness List subject to change.

If you have any questions regarding this hearing, please call Hans Hogrefe (Rep. McGovern) at 202-225-3599.

James P. McGovern, M.C.

Co-Chair, TLHRC