Learn more about Peltz-Steele v. UMass Faculty Federation at Court Listener (complaint) and the Liberty Justice Center. The case is now on appeal in the First Circuit as no. 22-1466 (PACER paywall). Please direct media inquiries to Kristen Williamson.
Showing posts with label LGBTQ. Show all posts
Showing posts with label LGBTQ. Show all posts

Saturday, July 2, 2022

Museveni still holds reins in Uganda after 35 years, rebuffs allegations of human rights abuses

At age 77, Yoweri Museveni maintains his grip on power in Uganda and yesterday rebuffed criticism by Human Rights Watch.

In 2016, I presented a work-in-progress research paper on history and human rights in Uganda at a regional law-and-society conference at the University of Cape Town, South Africa. I never published the paper; it's a project that I back-burnered and have yearned to return to. At that time, I was nervous about the presentation, because I had never actually been to Uganda; only read about it. There were academics from Uganda in the audience. I was relieved afterward when they said I got it right; I hoped they weren't just being nice.

The impression left on me by my research was that Uganda was, sadly, kind of a backward place. Museveni had, and has, held the presidency since 1986, not long after the Idi Amin regime collapsed. (If you haven't seen The Last King of Scotland (2006), watch it now.)  Museveni is one of those leaders who wins reelection by just too large a margin, and laws have to be changed to allow him to run again. One can't help but lament that Uganda's story is no more than a series of authoritarian regimes exploiting people and resources since the British brought the political entity into existence in the 19th century.

Selfie at a roadside fruit-and-veg stand in Fort Portal, Uganda
CC BY-NC-SA 4.0 RJ Peltz-Steele
So winging into Entebbe in June, I expected to find in Uganda a bleak economic picture: a dilapidated infrastructure built on empty promises and crushed by poverty—maybe like the development-run-out-of-gas picture I found, literally, in Harare in 2020, just before the pandemic savaged what sanctions had not.

I was surprised, then, not to find that at all. To the contrary, there was ample evidence of economic prosperity in the tile-roofed residential and commercial buildings that filled the terraced hills between Entebbe and Kampala. I found a reasonably well outfitted capital in Kampala. The streets were no worse than the dirt-guttered throughways I had navigated in Nairobi. There were decent restaurants; I found a good gym. Subsequently, traveling in the countryside, sure, I saw plenty of poverty and subsistence living. But the picture was no more bleak than supposedly-more-faithfully democratic Kenya with its nearly triple the GDP.

Museveni overlooks street traffic in Kabale, in the Western Region of Uganda.
CC BY-NC-SA 4.0 RJ Peltz-Steele

Museveni-for-President posters are plastered everywhere, from the city to the villages. It's good to be king. But the gentle face that looks out from the posters harbors grim secrets.

What attracted me to research on Uganda in the first place was having learned of the terrifying plight of the LGBTQ population there. In the 2010s, Massachusetts pastor and one-time gubernatorial candidate Scott Lively traveled to Uganda to warn lawmakers of a homosexual menace—practically the same cabal that waged World War II against the world through the secretly homosexual leadership of the Nazi Party, as Lively had recounted in his 1995 book, The Pink Swastika

What influence Lively had on the Ugandan Parliament is as unknown as why he had any at all, but the Parliament subsequently enacted the infamous 2014 Anti-Homosexuality Act, which criminalized same-sex relations on pain of life imprisonment, thanks to late amendment, rather than the death penalty, as legislators had first proposed.

The law in Uganda was enjoined by the courts, but it was never the law that was really the problem. The mentality that the law represented justified a regime of brutal abuse and oppression of the gay community, including murder, whether at the hands of public authorities or while authorities stood idle. As a Christian, a Massachusetts scholar, and an Africaphile in comparative law, I was aghast at what Lively seemed to have wrought—though it must be said, for his part, that Lively never countenanced violence.

You can learn more about the matter from many sources, including what is probably my all-time number-one-favorite documentary film, Call Me Kuchu (2012); human rights activist Pepe Julian Onziema's part 1 and part 2 appearances on Last Week Tonight with John Oliver (2014); and documents in the unsuccessful U.S. federal lawsuit, Sexual Minorities Uganda (SMUG) v. Lively (1st Cir. 2018) (at the Center for Constitutional Rights, though don't misread CCR's rosy spin to misunderstand: Lively prevailed, just not as much as he wanted to).

This particular background certainly did nothing to raise my expectations for Uganda. Happily, though, I found in Uganda nothing like the senselessness I had read about. For the most part, I met happy, hard-working people. I found observance of faith, Catholic, Protestant, and Muslim, no different from other parts of East Africa. I saw nothing like a dogmatic mob stirred to feverish rage, like I had seen in a video of a Lively public appearance.

The fault is mine. I gave into stereotypes, because it was easy to generalize "backward" from Uganda's democratic deficit. But that deficit is the aftermath of colonialism, corruption, and the related ills that afflict so much of Africa, not an ailment of ordinary people. I failed to consider that generalizing from the crowd of believers in Lively's audience is about as fair to Uganda as assuming that the January 6 rioters, pictured relentlessly on TV, are representative of all Americans.

Museveni's and other political posters adorn a chai shop in a rural village of the Kabale District.
CC BY-NC-SA 4.0 RJ Peltz-Steele
Yesterday, according to the Uganda Monitor, at a Makerere University law school program on human rights accountability, Human Rights Watch CEO Kenneth Roth confronted Museveni with a report (this one, I assume) detailing unlawful detention and horrific physical abuses of civilians by Ugandan security forces. Roth described the president's dismissive response: "The President said Africa has lived through colonialism, it has lived through slavery, and it has lived through various exploitations by Europeans. He overthrew Idi Amin. Don't talk to him about human rights."

The HRW report doesn't even mention the LGBTQ community. It seems that official disregard for human rights is not so narrow a problem. Anyone who doesn't toe the line with the regime is at risk. 

I loved Uganda. It disappointed only my foolish suspicion that it might be a place beyond redemption. No place is. Certainly no people are.

Ugandans deserve better.

Friday, May 3, 2019

SCOTUS, climate change, drug addiction, immigration highlight law and policy issues at UMass colloquium


Today at the Fifth UMass Interdisciplinary Legal Studies Colloquium in Boston, scholars talked about a range of intriguing work, from politics to climate change to drug legalization, being done across the University of Massachusetts campuses—Amherst, Boston, Dartmouth, and Lowell, and Law (at Dartmouth) and Medical (at Worcester).  Here’s a taste.

View of Boston from One Beacon Street today.  "Back Bay is called 'Back Bay' for a reason," UMass Dartmouth Professor  
Chad McGuire said, referring to reclaimed land that is threatened by rising sea levels.
Law and Policy Inside the Beltway
Panel 1—Moderated by yours truly

Queer Sacrifice in Masterpiece Cakeshop, Jeremiah Ho, UMass Law.  Professor Ho explicated his theory of “interest convergence,” and how a lack thereof explains the result in the U.S. Supreme Court’s recent decision in the LGBTQ-rights cakeshop case.  His research shows how images—sometimes literally—of gay identity have informed public and judicial perception of LGBTQ rights cases.  Three more cases lie on the horizon, in the Court’s next term, Ho said, so stay tuned.   Meanwhile preview his "Queer Sacrifice" work, just out in the Yale Journal of Law and Feminism, at SSRN.

Can Presidents Influence Public Attitudes Toward the Supreme Court? Evidence from a Survey Experiment, Paul M. Collins, Jr. (blog), Department of Political Science, UMass Amherst.  Collins’s long-term research digs deep into how statements and action by the President of the United States exert influence over public perception of the U.S. Supreme Court and its decisions.  What the President says matters; consider, Collins proffers, the White House has a whole office dedicated to SCOTUS spin.  Collins also notes that low public knowledge of the Court is a factor in allowing public opinion to be influenced by forces external to the Court.  I can’t help but think about the Court’s intransigence on cameras and public access.  Anyway, Collins has discovered that the public is more easily influenced on “low salience” issues, but less so on “high salience” (I’d say “hot button”) issues, such as immigration.

On the Supreme Court of the United States of America (and Congruent Agencies and Ministries in the Term of President Donald Trump), Judge Francis Larkin, UMass Law.  Judge Larkin shared observations of recent events in President-Court interaction.  He recalled FDR’s Court-packing plan, relative to its recent resurgence in politics (e.g., WaPo).

Forcing Disclosure, Justine Dunlap, UMass Law.  Professor Dunlap is looking at mandatory disclosures under Title IX, especially faculty duties.  She observes that the evolution of Title IX over recent decades, under administrations from both sides of the aisle, have fairly sought to respond to a real problem of unredressed sexual harassment and assault on college campuses.  But the responses have not always been well tuned.  And mandatory reporting, however well intentioned, can put faculty in the impossible bind of having to betray student trust.  (Professor Julie Baker in Q&A aptly noted also that the consequences of ill-tuned reporting schemes for accused perpetrators are not always conducive to dispute resolution or justice.)  Dunlap talked about a system being implemented at the University of Oregon that contemplates a third class of potential “reporter”—rather than all or nothing, a “student-directed reporter.”

Recovery, Resiliency, and Equality in Economic Development
Panel 2—Moderated by Professor Justine Dunlap, UMass Law

Opening for Business: Tax-Haven Economy and the State of Exception in Puerto Rico, Jose Atiles, Department of Political Science, UMass Amherst.  Professor Atiles is working on Puerto Rico and U.S. development strategies.  He explained that there are two prevalent approaches to development policy concerning the island, one the “blank canvas” approach, which encourages recovery investment on the selling point that, more or less, my words: there’s nothing there at present; two the “PR is open for business” approach, which seeks to exploit the island’s legal status as a tax haven.  Both of these representations are animated by a “neoliberal-colonial rationality,” and that troubling mindset is reflected in the law that facilitates these strategies.

I’m reminded of the colonial terra nullius doctrine with respect to the blank canvas, and the local-policy-characteristic Everett casino debate with respect to “open for business.”  Puerto Rico and its people are not our offshore plaything.  In Q&A, I asked Atiles what it would take for us to start thinking about PR more like we do Missouri.  Statehood and independence each have advantages and drawbacks, which he explained summarily; what won’t save PR, he said, is the status quo.

A “Least Regrets” Framework for Coastal Climate Change Resiliency Through Economic Development, Chad McGuire and Michael Goodman, College of Arts and Sciences, UMass Dartmouth.  Professor McGuire continues his renowned work on environmental conservation and climate change, and now he’s brought public policy numbers wizard Professor Goodman (also president of the UMass Dartmouth Faculty Senate) onto the team to look at the economics.  They’re attacking the problem of aligning shorter-term economic incentives with the longer-term public interest in saving the human race from extinction.

I just saw Dan Gardner on The Daily Show talking to Roy Wood Jr. (video embedded below) (let me remind everyone that I shook Roy’s hand in East Providence) talking about how our “caveman” brains don’t well process the threat of climate change because it’s too abstract, that we need more urgent messaging.  McGuire and Goodman have it.  As I’m wearing a sweater in May, McGuire observed: “Spring has become less of a thing, and winter moving into summer is becoming more of a thing.”  We’ve lost 15-30 days of winter in New England, he shows with data, and seasonal transitions are becoming more abrupt.  Then he directs us toward the view of Boston from our huge glass windows here in the 32nd floor of One Beacon Street.  “Back Bay is called ‘Back Bay’ for a reason,” McGuire said.  Boston sits on filled-in bay.

At lunch, McGuire told me about rubber buffers that run through Boston streets to absorb shifts in the aqueous earth beneath.  And he told me about the latest alarming findings from the Ross Ice Shelf.  Our society has invested a great deal in developing low-lying land, and we’re going to have reconcile that policy with our climate game.



Human Rights Responses to Economic and Social Inequalities—A Book Proposal, Gillian MacNaughton, School for Global Inclusion and Social Development, UMass Boston.  For my money—both figuratively and literally—Professor MacNaughton’s work is what we need to save humanity from catastrophe—after and assuming we figure out how to survive climate change.  MacNaughton takes what we know and bemoan about inequality of wealth and opportunity in the United States and runs writ large with the problem.  As she wrote in her abstract: “The Global Wealth Report 2017 reveals that the wealthiest 1% of the global population owns 50% of global assets, while the poorest 50% owns less than 1%.”  Building on the U.N. Sustainable Development Goals, she plans to propose putting some punch behind international treaty guarantees of social and economic equality, such as we might start to address this problem on the global level.  I’ve often lamented that our increasingly disparate economic stratification will be our undoing in the United States if we don’t address it.  It’s worth being reminded how much more desperate the situation already is worldwide.  See also Professor MacNaughton's recent co-edited book, Economic and Social Rights in a Neoliberal World (Cambridge University Press 2019).

Drug Use and Abuse, and the Criminal Justice System
Panel 3—Moderated by Professor Julie Baker, UMass Law

Is Marijuana the Gateway Drug? Maybe Not, But Its Legalization Could Be, Nikolay Anguelov, College of Arts and Science, UMass Dartmouth.  Professor Anguelov is known to many of my readers and former students as the author of the 2015 book, The Dirty Side of the Garment Industry: Fast Fashion and Its Negative Impact on Environment and Society (CRC Press) (Amazon).  I have heard him speak many times to awestruck and sometimes squirming audiences about the connection between their affordable clothing and Bangladesh waterways poisoned with dye and arsenic.  Anguelov is more recently author of From Criminalizing to Decriminalizing Marijuana: The Politics of Social Control (Lexington Books 2018) (Amazon).  Anguelov is now fine-tuning his formidable research into marijuana use.  His early data invite the conclusion that legalization—which I as a libertarian have favored—might be contributing to the opioid epidemic at least by “contributing to the cultural normalization of drug use and experimentation.”  Ruh-roh, Shaggy.  This is going to require further research, and I’m anticipatorily squirming in my H&Ms.

Recovery Coaches in Opioid Use Disorder Care, Matthew Maughan, UMass Medical.  When opioid addiction turns to recovery, attorney Matthew Maughan is the policy guru to turn to.  Informed by his multifaceted experience and research, he explained the role and peculiar success of the “recovery coach.”  It might be awkwardly unorthodox in terms of developing a large-scale model, but sometimes a block grant for an activity tailored to a person’s specific needs offers the best hope for recovery and might as well be cost effective.  Maughan recounted the story of a recovery accomplished through mental clarity achieved on the water on a kayak, under the guidance of a recovery coach.  That’s got to cost less than any bill I’ve ever gotten from a medical clinic.

Locating Cannabis Equity: Defining Areas Impacted by Drug Criminalization, Michael Johnson, Professor and Chair, McCormack Graduate School, UMass Boston, and Jeffrey Moyer, doctoral candidate in public policy, UMass Boston.  Moyer is working with Professor Johnson to study the intersection of enforcement and anti-discrimination.  Specifically, he asks whether the Massachusetts “Cannabis Control Commission’s use of a race-neutral variable is effective in selecting areas disproportionately impacted by criminalization.”  Part of the work has entailed mapping all drug arrests, which generates some compelling graphics when overlaid with demographic data.  I am reminded of being a journalism intern at WJZ-TV in Baltimore in the early 1990s, when we made an analog map—this was when we were still working on DOS-based computers—literally putting color pushpins in a map of Baltimore to look at the coincidence of murders with factual and demographic elements.  That was a time when we were first talking about the problem of race and policing “where the crime is.”  We also walked five miles to school, uphill both ways.

Moyer shows analysis of geographic data on police enforcement, obtained in part through a public record request.
To Plea or Not to Plea: A Virtual Simulation of Plea-Bargain Scenarios, Miko M. Wilford, Psychology Department, UMass Lowell; Annabelle Frazier, doctoral candidate in applied psychology, UMass Lowell; Kelly Sutherland, doctoral candidate in applied psychology and prevention science, UMass Lowell.  With doctoral candidates on a new applied psychology track at UMass Lowell, Professor Wilford is taking a behavioral look at plea bargaining, that irksome feature of the criminal justice system that we don’t like to talk about, even while we know it results in some guilty pleas calculated to avert draconian outcomes (my take).  Really they’re looking at the research of plea bargain research, trying to refine how we learn about people's decision-making processes in these high-stakes circumstances.  Perhaps no surprise once you think about it, it is difficult to simulate having so much at stake with volunteers in psychology-lab experiments.  The team is working on new, high-tech models using animations to engender empathy and generate better results.  See more at the project website, Pleajustice.org.

Personal Rights at the Borders
Panel 4—Moderator: Misty Peltz-Steele, UMass Law

Controlling Asylum: A Genealogical Analysis of Gender and Race Intersectionality, Phil Kretsedemas, College of Liberal Arts, UMass Boston.  Professor Kretsedemas is studying the status of domestic violence survivors and Latin American asylum seekers relative to Matter of A-B, an AG-Sessions opinion “that dramatically curtails asylum protections for survivors of domestic violence, and for many other people who have been persecuted by non-state actors.”  A U.S. District Court has lately pushed back on Sessions’s conclusions, Kretsedemas said, as he investigates the problem from critical dimensions of gender and racial equality.  Kretsedemas’s approach is further informed by comparative law, as he draws on parallel legal perspectives from foreign tribunals, including the U.K. House of Lords, and from parallel cultural perspectives, such as Guatemalan views on gender roles within families.  Present policies, focusing for example unduly on familial cohesion, have gravely injurious impact, for example failing to protect women from female genital mutilation.  Kretsedemas locates these policies in a context that includes family separation, though the latter issue has garnered greater public attention.

Troubling Bodies: The Office of Refugee Resettlement and the Unaccompanied Pregnant Teen, Shoshanna Ehrlich, College of Liberal Arts, UMass Boston.  Also examining a perhaps under-recognized issue within our vast immigration policy debate, Professor Ehrlich is studying the federal government’s “literal refusal to release [young women] from . . . custody so they may access abortion care,” plainly violating their civil rights, Ehrlich asserts.  Even the U.S. Government waived argument in the courts as to whether the teens involved here enjoy U.S. constitutional rights.  Yet in government memos discovered in ACLU litigation, Ehrlich shared in her presentation, Scott Lloyd, director of the Office of Refugee Resettlement (ORR), opined that abortions desired even by teens impregnated by rape are not in the young women’s best interests.  Lloyd was removed from his post and “transferred to HHS’s Center for Faith and Opportunity Initiatives,” Rolling Stone reported in November 2018.  He was later summoned to testify in Congress about family separations, Politico reported in February 2019.  Ehrlich told of interviewing parents the government separated from their children, and the trauma that resulted, wondering how the government could at the same time justify refusing abortions on the rationale that mothers should not be separated from their unborn children, despite their personal circumstances and decisions.