Suspect Arrested in Kato Murder

By Advocate.com Editors

Ugandan police officials say a man has confessed to murdering David Kato last week after an unspecified "personal disagreement" with the prominent gay rights activist.

Reuters reports that the suspect, Nsubuga Enock, was arrested Wednesday and confessed to the crime. A police spokesman said the motive wasn't robbery, nor, he claimed, was it the result of Kato's LGBT activism work that resulted in a Ugandan tabloid newspaper publishing his photo in October below the words "Hang Them."

"He has confessed to the murder, police spokesman Vincent Ssetake told Reuters regarding Enock. "It wasn't a robbery and it wasn't because Kato was an activist. It was a personal disagreement but I can't say more than that."

Kato's driver has also been arrested in connection with the murder, Reuters reports. Enock is scheduled to appear in court Wendesday evening.

Kato was found beaten to death with a hammer in his home last week. Violence erupted during his funeral in the village of Mukono, Uganda, when a pastor grabbed the mike and began screaming, provoking strong reaction from Kato’s friends.

"The world has gone crazy," the pastor said. "People are turning away from the scriptures. They should turn back, they should abandon what they are doing. You cannot start admiring a fellow man."

Read the full story here.

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A Tale of Two Stones

By Andrew Harmon

One is a seminal American magazine that has published top-shelf writers from Hunter S. Thompson to P.J. O’Rourke.

The other is a ratty tabloid notorious for harassing gays in print with such headlines as “100 Pictures of Uganda’s Top Homos Leak.”

Perhaps it was only a matter of time before Rolling Stone would pursue legal action against the Ugandan newspaper that has co-opted its legendary name.

In an upcoming issue of the American magazine that hits newsstands on Friday, Rolling Stone takes aim at its tabloid impostor, published in the Ugandan capital of Kampala. In October, the small newspaper printed on its front page a photograph of prominent gay rights activist David Kato, one of several plaintiffs who successfully sued the paper following the article. He was murdered last week.

On Tuesday Rolling Stone provided to The Advocate its Editor’s Note for the issue; it reads in full:

“The tragic murder in January of David Kato, a gay activist in Uganda, once again drew international attention to the vile and hate-filled rhetoric of a newspaper calling itself Rolling Stone. Last fall, the paper – which is not affiliated in any way with the magazine – published the addresses of Kato and others it identified as “Top Homos” under a chilling headline: Hang Them.

“We immediately sent the paper a cease-and-desist letter, ordering it to stop using our name, and we are exploring every available legal option to help end its ugly campaign. Kato himself had bravely taken on the hatemongers: Last month, after he sued the newspaper, Uganda’s highest court ordered it to pay damages and stop inciting violence against gays and lesbians. We honor him and his heroic example.”

The Ugandan paper has been on Rolling Stone’s radar for at least a few months: Shortly after the "Hang Them," article, the real mag addressed its ersatz agitator’s antigay propaganda, calling it “vile and hateful.” Last month the Ugandan High Court ordered the tabloid to cease publishing photos of private LGBT citizens, but its managing editor, Giles Muhame, wrote in a rambling January press release that "The newspaper will fight homos on different fronts," and that the publication's managers "have resolved to register our grievance with the President’s office."

"We did the right thing to show those pictures," Muhame said in an interview with Lez Get Real. "The tabloid will win the appeal. We must expose criminals."

Rolling Stone magazine does not own the rights to the name in Uganda, which could prove problematic in any attempt to force the antigay tabloid to change its title. “We own the copyright for the name in many, many countries. But who would have thought we'd have to own the copyright in Uganda?" Rolling Stone cofounder and publisher Jann Wenner told New York magazine last year.

Attorneys say this is a matter of trademark, not copyright, because the tabloid has grafted a well-known name, as opposed to lifting the actual content from Rolling Stone. As for any successful legal recourse against the newspaper, don't hold your breath: “I don’t know what leg they have to stand on,” Jimmy Nguyen, a media and entertainment attorney in Los Angeles, said of Rolling Stone’s cease-and-desist attempts. “In general, you can’t get trademark rights without at least using and, in some countries, having to register the mark, and being the first to do so. If Rolling Stone magazine is not the first to use the "Rolling Stone" trademark for a print publication in Uganda, it would be an uphill battle."

Under international doctrine, most countries recognize basic intellectual property rights, especially for famous brands. “But I’m wondering what the legal system in a country like Uganda would do,” said Peter Weinberg, an IP attorney in Gibson Dunn & Crutcher’s Denver office. “They do have trademark laws. How they’re enforced I don’t know.”

But the publicity generated by any legal action could have value, namely in quashing any possible brand confusion, Nyugen noted—even if it’s a stretch to assume any affiliation between the two publications in the first place.

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Cops: Kato's Death Not Homophobia-Related

By Advocate.com Editors

Police in Kampala, Uganda, are saying that the murder of LGBT activist David Kato was not due to homophobia, but that he was killed during a robbery.

Suspect Arnold Senoga has been arrested in relation to Kato's death, Reuters reports. They are also looking for Nsubuga Enock, who was living with Kato since the activist bailed him out of prison Monday. Enock's criminal record shows he has been involved in multiple robberies.

Neighbors said they had seen Enock walking out of the house wearing Kato's clothing, and carrying his briefcase, which is one of the items missing from Kato's home.

"We are now trying to establish what relationship Kato had with Enock, whether or not they were relatives and why Kato posted his bail," Kampala police spokeswoman Nabakooba said in the report.

Despite police reports, Kato was on record as saying that he feared his life was in danger because he was a gay activist, especially after local newspaper Rolling Stone (no relation to the U.S. publication) printed the names and faces of prominent gay people, including Kato, on a cover last year. A previous edition of the newspaper published 29 photos of gay people as well as their names and some of their addresses.

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Violence Erupts at Kato Funeral

By Advocate.com Editors

A local pastor attending Friday’s funeral for murdered Ugandan LGBT activist David Kato grabbed the microphone in the middle of the ceremony and decried homosexuality, causing a fight to break out and leading villagers to refuse to bury the body.

During the funeral in Mukono, Uganda, which was attended by about 300 people, according to Reuters, the pastor grabbed the mike and began screaming, provoking strong reaction from Kato’s friends.

"The world has gone crazy," the pastor said. "People are turning away from the scriptures. They should turn back, they should abandon what they are doing. You cannot start admiring a fellow man."

As he screamed, “It is ungodly,” gay activists stormed the pulpit and grabbed the mike. They were wearing T-shirts featuring Kato's face with sleeves with gay pride colors.

"Who are you to judge others?" a female activist yelled. "We have not come to fight. You are not the judge of us. As long as he's gone to God his creator, who are we to judge Kato?"

Villagers then refused to bury Kato’s body, leading his friends to carry the body to his grave and bury it themselves.

Kato was the advocacy officer for Sexual Minorities Uganda. He was found brutally beaten to death Wednesday at his home.

He was one of many gay Ugandans threatened with death on the cover of Rolling Stone newspaper in October.

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Ugandan Gay Activist Murdered

By Julie Bolcer and Andrew Harmon

David Kato, a prominent Ugandan gay rights activist in threatened in October with hanging on the front page of a Kampala newspaper, was found brutally beaten to death Wednesday at his home.

Kato was the advocacy officer for Sexual Minorities Uganda (SMUG), which confirmed his murder in a news release. He was one of the plaintiffs who won a case against the Rolling Stone newspaper earlier this month (despite a shared title, the Uganda publication has no affiliation with the American magazine).

“David has been receiving death threats since his face was put on the front page of Rolling Stone Magazine, which called for his death and the death of all homosexuals,” said SMUG. “David’s death comes directly after the Supreme Court of Uganda ruled that people must stop inciting violence against homosexuals and must respect the right to privacy and human dignity.”

Mark Bromley of the Council for Global Equality said concerns remain for the safety of the other litigants in the case, who sued the newspaper after it posted "100 Pictures of Uganda's Top Homos," accompanied by the words "Hang Them."

"Our mandate and focus is to make sure that the U.S. government, our State Department, our embassy, and our leaders in Congress to understand and respond to this human rights tragedy," Bromley said.

According to Bromley, State Department officials have been watching the case closely. "Clearly it's a high priority for them," Bromley said. 

The Guardian reports that Kato was bludgeoned to death at his home in the town of Mukono in the afternoon. Witnesses saw a man fleeing the scene in a car.

SMUG called for the police and government to investigate the murder seriously and for religious leaders, politicians, and media to stop demonizing LGBT people. David Bahati, a member of parliament with close connections to American evangelicals, continues to push for a bill that would impose the death penalty on gay people in some circumstances.

Val Kalende, the board chair at Freedom and Roam Uganda, said in the news release,“David’s death is a result of the hatred planted in Uganda by U.S Evangelicals in 2009. The Ugandan Government and the so-called U.S Evangelicals must take responsibility for David’s blood!”

SMUG executive director Frank Mugisha said, “No form of intimidation will stop our cause. The death of David will only be honored when the struggle for justice and equality is won. David is gone and many of us will follow, but the struggle will be won. David wanted to see a Uganda where all people will be treated equally despite their sexual orientation.”

Burial arrangements for Kato are under way for Friday afternoon at his ancestral home in Namataba, Mukono District.

The BBC offers an obituary. Kato was a primary school teacher turned activist who proudly claimed the label of the first out gay Ugandan.

Read Jeff Sharlet's October cover story for The Advocate on the deadly consequences of antigay rhetoric in Uganda.

Update:

U.K. human rights activist Peter Tatchell released the following statement on Kato's murder:

"David will live on in our memories. He will also live on through the rights and equalities that LGBTI Ugandans will win eventually thanks to his many years of tireless groundwork and campaigning. I express my admiration and appreciation to all the members of SMUG who are battling for LGBTI freedom in conditions of great adversity and danger. Their courage and tenacity is awesome.

"This savage killing will, I hope, finally prompt Uganda's political, religious and media leaders to cease their homophobic witch-hunts. Their hatred helps create the bigoted atmosphere that leads to queer-bashing violence."

The U.S. embassy in Kampala has also issued a statement on Kato's death:

"The U.S. extends its sympathies to David's family, friends and human rights colleagues. David's courageous devotion to promoting the universal human rights of members of Uganda's lesbian, gay, bisexual and transgender community improved the lives of minority populations in Uganda and throughout Africa, and his selfless dedication to defending human rights and speaking out against injustice served as inspiration to human rights defenders around the world."

The White House issued this statement from President Obama:

"I am deeply saddened to learn of the murder of David Kato. In Uganda, David showed tremendous courage in speaking out against hate. He was a powerful advocate for fairness and freedom. The United States mourns his murder, and we recommit ourselves to David’s work.

"At home and around the world, LGBT persons continue to be subjected to unconscionable bullying, discrimination, and hate. In the weeks preceding David Kato’s murder in Uganda, five members of the LGBT community in Honduras were also murdered. It is essential that the Governments of Uganda and Honduras investigate these killings and hold the perpetrators accountable.

"LGBT rights are not special rights; they are human rights. My Administration will continue to strongly support human rights and assistance work on behalf of LGBT persons abroad. We do this because we recognize the threat faced by leaders like David Kato, and we share their commitment to advancing freedom, fairness, and equality for all."

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Ugandan gay activist murdered, another’s life hangs in the balance

David Kato Kisulle

By Jamie McGonnigal

Ugandan activist David Kato Kisulle has been murdered in his home in Kampala, according to the Box Turtle Bulletin and the BBC.

He was found having been beaten in the skull with a hammer a his home and there is little more information than that at this time. What we do know is that Kato was featured in the Ugandan tabloid Rolling Stone, which featured names and photos of gay men under the headline “HANG THEM!”

Kato was one of three plaintiffs seeking a permanent injunction against the tabloid, which was successful. And in recent days, he had told friends of several death threats he’d received and was in fear for his life.

Since the introduction last year of the “Anti-Homosexual Bill” which has come to be known as the “Kill the Gays Bill” has been the topic of outrage from LGBT organizations around the country. MSNBC’s Rachel Maddow has brought this bill to light in the US and featured the author of the bill, David Bahati in a two-part interview last month.

Today’s murder also highlights an important case regarding Ugandan Brenda Namigadde living in the UK and facing deportation back to Uganda after failed please for asylum. All Out has launched a campaign to keep Brenda in the UK, which may quite literally save her life.

“Kill the Gays Bill” Author Bahati said of Namigadde:

“Brenda is welcome in Uganda if she will abandon or repent her behaviour. Here in Uganda, homosexuality is not a human right. It is behaviour that is learned and it can be unlearned. We wouldn’t want Brenda to be painting a wrong picture of Uganda, that we are harassing homosexuals.”

It would seem Bahati may be correct, Uganda is doing far worse than harassing homosexuals.

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Uganda Opposition Leader Would Decriminalize Homosexuality

By Julie Bolcer

Kizza Besigye, the top opposition leader in Uganda who is challenging President Yoweri Museveni, suggested he would decriminalize homosexuality if elected.

According to IC Publications, Besigye said Monday that police in Uganda have more pressing concerns than investigating homosexuality, though he stressed the he was speaking for himself and not the four-party opposition group he leads. His remarks were filmed for a town hall dialogue that will air on Ugandan television as the county prepares for a vote on February 18.

"This is something that is done in the privacy of people's rooms, between consenting adults," he said.

This month, the Uganda high court ruled that media cannot out gay activists, citing their right to privacy. Rolling Stone newspaper, which lost the case, has vowed to appeal the ruling.

However, parliament member David Bahati has vowed to move forward with his reprehensible bill that would expand the list of crimes punishable by death related to homosexuality. President Museveni has urged Bahati to be cautious with the bill given the international outrage it generated, reports IC Publications.

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Newspaper Vows to Appeal Uganda Ruling

By Julie Bolcer

The managing editor of the Rolling Stone newspaper in Uganda has vowed to appeal a Monday high court ruling that bans media from outing gay people in the African country.

High court judge Vincent Musoke-Kibuuke ruled that the outings violated the constitutional right to privacy and endangered the lives of gay people. The case was brought against Rolling Stone for outing gay rights campaigners it called "Uganda's top homos" and publishing their addresses last year under the “Hang Them” headline, but the ruling applies to all media in Uganda.

According to The Independent, Giles Muhame, the managing editor of the Rolling Stone, plans to appeal the ruling. The high court awarded about $650 to the three plaintiffs and ordered Rolling Stone to pay legal fees.

“However, Muhame who says Rolling Stone is ‘exposing the evil in our society’ told The Independent that the newspaper’s lawyers were already preparing an affidavit to set foot in the court of appeal. ‘We are also going to get signatures from Ugandans,’ he added.”

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