Uganda Report of Violations Based on Gender Identity and Sexual Orientation

July 2015 Produced by: The Consortium on Monitoring Violations Based on Sex Determination, Gender Identity and Sexual Orientation Uganda Report of Violations Based on Gender Identity and Sexual Orientation

July 2015

Produced by: The Consortium on Monitoring Violations Based on Sex Determination, Gender Identity and Sexual Orientation

3 Table of Contents

Glossary 5 List of Acronyms 7

About the Uganda Consortium on Monitoring Violations Based on Sex Determination, Gender Identity and Sexual Orientation 8

Executive Summary 10

Introduction 14

Methodology 18 Verification of Cases 19 Methodological Challenges 19

Human Rights Violations Based on Gender Identity and Sexual Orientation in Uganda in 2014 22

Violation of Human Rights by State Actors 22 The Uganda Police Force 19 Violations of Freedom of Speech, Assembly, and Association 27

Violations by Non State Actors 33 Violations by Landlords: Forced Evictions from Rented Premises 33 Violations by Mobs and Unknown Persons: Mob Justice, Physical Violence and Abuse 35 Violations By Employers: Denial Of Work And Livelihood 36 Violations by Families: Family Discrimination and Abuse 36 Violations Perpetrated by the Media: Propelling Homophobia 38

Analysis: Discussion of Findings of Human Rights Violations and Discriminatory Practices Based on Gender Identity and Sexual Orientation in Uganda in 2014 31 The 2014 Violations 35 The Current Situation 36 The Legal Framework 37

General Recommendations 44

4 Glossary

Bisexual: A person romantically and/or sexually attracted to men and women.

Cisgender: A person whose deeply held sense of gender is the same as their biological sex assigned at birth.

Gay: A man romantically and/or sexually attracted to men.

Gender Identity: A person’s conception of oneself as male or female or both or neither.

Homosexual: A person attracted to the same sex.

Intersex: A condition in which a person is born with a reproductive or sexual anatomy that does not seem to fit the typical definitions of female or male, or a person who may be born with genitals that seem to be in between male and female. Lesbian: A woman romantically and/or sexually attracted to women.

LGBT Community: Self-identified LGBT individuals who participate in social and professional activities with other self-identified LGBT individuals and LGBT allies. These individuals do not have to be but are often members of one or multiple LGBT organisations.

Outing: The act of disclosing a lesbian, gay, bisexual, transgender, and/or intersex person’s true sexual orientation or gender identity without that person’s consent. Sex: The genitals: the physical distinction between male and female.

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Sex Determination: The way by which the sex of an individual is determined. It may be based on the person’s gametes or sex chromosomes. Sexual Minorities: A group whose sexual identity, orientation and/or practice differs from the majority of the surrounding society.

Sexual Orientation: A person’s romantic and sexual attractions to individuals of a different gender or the same gender or more than one gender.

Transgender: Someone whose deeply held sense of gender is different from their biological sex assigned at birth.

Transman: A transgender person who was assigned female at birth but has a male gender identity.

Transwoman: A transgender person who was assigned male at birth but has a female gender identity.

6 List of Acronyms

AHA: Anti-Homosexuality Act, 2014 CSCHRCL: Civil Society Coalition on Human Rights and Constitutional Law CEHURD: Center for Health, Human Rights and Development DPC: District Police Commander HIV: Human Immunodeficiency Virus HRAPF: Human Rights Awareness and Promotion Forum ICCPR: International Covenant on Civil and Political Rights ICESCR: International Covenant on Economic Social and Cultural Rights IGP: Inspector General of Police LC: Local Council LGBT: Lesbian, Gay, Bisexual and Transgender LGBTI: Lesbian, Gay, Bisexual, Transgender and Intersex OHCHR: Office of the United Nations High Commissioner for Human Rights RHF: Rainbow Health Foundation RLP: Refugee Law Project SIPD: Support Initiative for People with Congenital Disorders UDHR: Universal Declaration of Human Rights UHRC: Uganda Human Rights Commission ULRC: Uganda Law Reform Commission

7 The Uganda Consortium on Monitoring Violations Based on Sex Determination, Gender Identity and Sexual Orientation

The Consortium on monitoring The Consortium aims at establishing violations based on Sex an evidentiary record and to create Determination, Gender Identity and a high quality and sustainable Sexual Orientation (the Consortium) monitoring system of violations is a body of organisations engaged based on sex determination, gender in the documentation of violations of identity, and sexual orientation to the rights of Lesbian, Gay, Bisexual, support advocacy to create positive Transgender and Intersex (LGBTI) social and political change. The persons in Uganda. It is members Consortium supports members are: Human Rights Awareness to document violations through and Promotion Forum (HRAPF); building the capacity of members. Rainbow Health Foundation (RHF); and Support Initiative for People The Consortium is currently in its with Congenital Disorders (SIPD). second year of existence, having Benetech provides technical been established in 2014. During its support to the Consortium and the formative stage, the then members Civil Society Coalition on Human of the Consortium came together Rights and Constitutional Law under the auspices of the CSCHRCL (CSCHRCL) plays an observer role to to produce a report entitled ‘Uganda the Consortium. The Consortium is Report of violations based on sex chaired by HRAPF, which also hosts determination, gender identity and the Coordinator of the Consortium. Sexual Orientation.’ The report was published in October 2014 and The Consortium members collect launched in November 2014. It and harmonise data on violations covered the period 1988 to 2013. and produce joint periodic The Consortium is now publishing violations reports. These reports its first report as a fully formed are intended to support evidence- consortium, which covers the based advocacy strategies for the period of 2014. rights of LGBT persons.

8 Executive Summary

The Uganda report of violations 3. In most cases, the Uganda based on gender identity and sexual Police Force participated in the orientation for the year 2015 is based violation of the rights of LGBT on data collected in 2014. This report persons and also condoned is motivated by the conviction that no their abuses by third parties. violation of rights or dignity based upon an individual’s actual or perceived 4. However, there were some sex, gender identity, and sexual instances where the police orientation should go undocumented protected the rights of the LGBT or unacknowledged. It is intended to persons in Uganda in the year assist in advocacy efforts, revealing 2014. documented instances of human rights violations suffered by the Lesbian, 5. The passing of the Anti- Gay, Bisexual and Transgender (LGBT) homosexuality Act 2014 fueled community to policy makers, law violations and abuses of rights enforcement members and the local of LGBT persons in Uganda in and international community at large. In 2014. addition to providing reported violations, this report includes an analysis on 6. Transgender persons were the implications of these violations. detained in cells of persons of It also includes recommendations for the opposite gender identity improving human rights conditions in which led to abuse of their Uganda to conform to domestic and dignity. international standards regarding the rights of LGBT persons. 7. LGBT persons were forced to do medical exams and in some Key Findings instances their results were revealed to the media. 1. The report verified and documented 89 cases with 8. There was increased mob violations of LGBT rights in 2014. justice against members of the LGBT community by public 2. Of these, 47 documented cases individuals. with violations recorded by the consortium for this report were 9. LGBT people were discriminated perpetrated by state actors and and rejected by their own 42 cases by non state actors. families and relatives.

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10. Homophobia propelled by the violence based on sexual media caused violation and orientation and gender identity abuse of the rights of LGBT or expression. persons in Uganda. »» Establish separate areas for Key Recommendations the detention of transgender people to avoid the violence that To the Uganda Police Force occurs to them as a result of being detained with people of a »» Investigate all credible different gender. allegations of physical or verbal abuse against individuals on To Members of Parliament the basis of gender identity or expression and sexual »» Enact laws that are non- orientation. discriminatory based on universal principles of human »» Train Officers on human rights rights for everyone. and violence based on sexual orientation and gender identity »» Amend Uganda’s Constitution to or expression in order to reduce include a specific prohibition of unnecessary arrests, detentions discrimination based on sexual and other violations of the rights orientation, gender identity, and of LGBT persons. sex determination.

»» The Inspector General of Police »» Condemn attacks or incitement should strengthen mechanisms to violence against individuals to fight bribery and extortion by or groups on the basis of sexual the police. orientation and gender identity or expression. »» The Directorate of Human Rights and Legal Services should »» Call upon the Uganda Human make robust use of its mandate Rights Commission to monitor to guide Police disciplinary violations affecting LGBT processes to further the Ugandans. investigation and prosecution of police officers guilty of corruption »» Use the Parliamentary as well as acts of violence and Committee on Human Rights to discrimination against civilians, engage with LGBT persons and specifically including members organisations regarding laws of sexual minority groups. that may have an adverse impact on LGBT persons. »» The Directorate should Train officers on human rights and

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To the Uganda Human Rights To the President of the Republic of Commission (UHRC) Uganda

»» Investigate and document »» Veto legislation that is reports of violence and abuse discriminatory on the basis of against individuals based sexual orientation or gender on sexual orientation, sex identity and call upon the police determination, and gender and all intelligence agencies to identity or expression. investigate violations and abuse of the rights of persons based on »» Work with civil society their gender identity and sexual organisations to monitor, orientation. document, expose, and address incitement to violence, »» Ensure that issues of non homophobia, and abuse of discrimination are prioritised LGBTI persons. within the Cabinet and the executive generally. »» Advise parliament on laws and bills that may increase stigma To the Ministry Of Health and discrimination against LGBT persons. »» The Department of Community Health should institute training To the Uganda Law Reform for healthcare service providers Commission (ULRC) on sexual orientation and gender identity. »» Issue formal recommendations to Parliament that the Penal »» The Clinical Services Department Code sections that explicitly should issue proper guidelines discriminate on the basis of for providing medical care to all sexual orientation or gender people without discrimination identity be repealed. even on the basis of sexual orientation or gender identity. »» Provide guidance on Penal Code sections to ensure that they are To the International Community not used by the police and private parties to harass people based »» Call on the government of on their sex determination, Uganda to improve and expand sexual orientation, and/or rights for LGBT individuals. gender identity. »» Use quiet diplomacy to sensitise Ugandan leaders on LGBT issues to influence the adoption of non discriminatory legislation

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against LGBT persons. parties.

»» Support initiatives aimed at »» Hold awareness sessions with creating public awareness- staff members to sensitize on sexuality, sexual and them on issues affecting LGBT health rights, and violence Ugandans. and discrimination and those aimed at influencing policy that »» Create partnerships with other ensures service provision to organisations to monitor and LGBT persons in Uganda. document abuses of LGBT rights.

To National Human Rights To the Media Organisations and LGBTI organisations »» Treat all people with respect and dignity, regardless of gender »» Build capacity of staff in identity, or sexual orientation. documentation of violations based on gender identity and »» Learn about, monitor, and report sexual orientation. on abuses of human rights and dignity that LGBT Ugandans face. »» Support public education and awareness-creation on LGBT »» Protect the privacy of LGBT issues; individuals who may be »» Support the Uganda Human threatened, assaulted, or even Rights Commission’s mandate killed as a result of being “outed” to monitor and document by the media. reports of violence, abuse, and discrimination based on sexual orientation and gender identity or expression.

»» Strengthen reporting systems, evidence collection and data storage to facilitate easy verification of violations against people based on their sexual orientation and gender identity or expression.

»» Create information sharing systems so that reports of violations can be used simultaneously by multiple

12 Introduction

This is the 2015 Uganda Report undocumented or unacknowledged. It of Violations Based on Gender is intended to assist in advocacy efforts, Identity, and Sexual Orientation. .It revealing documented instances of covers violations documented by human rights violations suffered by the the Consortium members and other Lesbian, Gay, Bisexual and Transgender partners working on LGBT issues (LGBT) community to policy makers, during the year 2014, and it is country law enforcement members and the specific to Uganda. All data used in the local and international community at report was collected in 2014. large. In addition to providing reported violations, this report includes an The report is the second report released analysis on the implications of by members of the Consortium. The these violations. It also includes first report was released by the then recommendations for improving Consortium members under the human rights conditions in Uganda to auspices of the Civil Society Coalition conform to domestic and international on Human Rights and Constitutional standards regarding the rights of LGBT Law (CSCHRCL) in October 2014. persons.

Unlike the previous report, which It is important to note that this report included cases of violations based on imposed stringent requirements sex determination, the current report for case inclusion. This was so for limits itself to cases of violations all contributing organisations and based on gender identity and sexual partners. For Consortium members, the orientation. Another report on sex parameters for case documentation determination is due to be released were developed as part of the soon after this one. This is intended Consortium protocols, and so cases to adequately cater for the unique documented were all well verified. circumstances and concerns that For other contributing partners, the intersex persons face and to avoid case had to be subjected to the the confusion that usually arises verification protocols. As a result many out of conflation of issues of sex documented cases of violations were determination with gender identity and excluded from the report especially sexual orientation issues. where the research team felt that there was insufficient supporting evidence. This report is motivated by the However, the number and nature of conviction that no violation of rights the cases that survived the rigorous or dignity based upon an individual’s verification process conclusively prove actual or perceived sex, gender identity, that human rights violations against and sexual orientation should go sexual minority groups are, indeed,

13 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 taking place in Uganda, and took place diverse group of individuals and non- in 2014. governmental organisations1 (NGOs) came out to challenge the law’s Considering the range and breadth constitutionality on 10 grounds.2 On of human rights violations committed 1st August 2014 the Constitutional against LGBT persons in 2014, as Court annulled the Anti Homosexuality proven and presented by this report, Act (AHA) on grounds that the Act had the members of this Consortium hope been passed without following the that this report will serve to educate requirements of the Constitution and the general public and different stake the Parliamentary Rules of Procedure holders of the violations that the LGBT on quorum.3 During this brief period community in Uganda suffers. a number of things happened: when the Act was passed by Parliament, The report clearly shows a correlation parliament was appreciated for between the Anti-Homosexuality taking this step. The President signed Act, 2014 (AHA) which had its entire the Act into law in front of local and lifespan in 2014, and which came with international media, and it was quite a lot of discussions on homosexuality clear that he stood for it and whatever and lots of messages from the state was in it. A thanksgiving ceremony that seemed to suggest that the was organised for him, which was state supported the Act. The most attended by many people. When the controversial provisions of the AHA law was nullified, there was an attempt were those that created a new offence at protesting against the decision by called homosexuality which targeted the anti-gay groups. All these events consensual same sex relations; kept the debate on homosexuality that that sought to criminalise in the public and indeed the whole what was regarded as ‘aggravated environment showed general hostility homosexuality’ which included ‘repeat against LGBTI persons. offenders; that that gave immunity to those who committed any offence There were signals in 2014 that the while ‘protecting themselves from government might appeal against the homosexuality; and those criminalising 1 The individuals were: Prof. J Oloka-Onyango of the School of advocacy and funding of activities Law Makerere University; Hon. Fox Odoi-Oywelowo, Member of Parliament; Andrew Mujuni Mwenda, Independent related to homosexuality which were Journalist and Proprietor of The Independent News Magazine; Prof.Morris Ogenga Latigo, former Leader of Opposition in covered under the provisions on Parliament; Dr. Paul Nsubuga Semugoma, medical doctor; ’aiding and abetting’ and ‘promotion of and Jacqueline Kasha Nabagesera, Julian Pepe Onziema and Frank Mugisha, who are all human rights activists. The two homosexuality’. organisations are: Human Rights Awareness & Promotion Forum (HRAPF) and Centre for Health, Human Rights & Development (CEHURD). The AHA was passed by Parliament on 2 Human Rights Awareness and Promotion Forum ‘Anti- Homosexuality Act petition 2014’ Accessed 30th March 20th December 2013. The President 2015. Available at http://www.hrapf.org/publications/laws/ signed it into law on 24th February anti-homosexuality-act-2014-petition-uganda 3 See Human Rights Awareness and Promotion Forum 2014 and it came into force on 10th ‘Judgment in the Anti-Homosexuality Act case’ available at http://www.hrapf.org/publications/laws/ruling-case-against- March 2014. Following its passage, a anti-homosexuality-act

14 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 judgment or introduce another law This is attributed to the feeling that with similar provisions to the Anti- if the government had passed a Homosexuality Act.4 Indeed, a draft bill law further criminalising same sex entitled the Prohibition of Promotion conduct, then the police could arrest of Unnatural Sexual Practices Bill was such people more, and also the general leaked to the public as a document public can take the law in their hands. that had been drafted by the ad-hoc The passage of the law was widely committee of cabinet that had been publicised and marked as the end to set up by the President to study the homosexuality in Uganda. way forward on the bill.5 The leaked draft bill retained the criminalisation However, the AHA cannot be solely of ‘promotion of same sex practices’, responsible for causing all the which would effectively criminalise the violations in 2014, because even activities of groups that advocate for before that, violations used to occur the rights of LGBT people and render albeit not at the same scale. it illegal for such organisations to receive funds or advertise their work Nevertheless, some incidents were and activities in any form. However, clearly connected to the AHA. For same-sex conduct remains a crime example on 3rd April 2014, nearly two under Uganda’s colonial-era law that months after the AHA was signed, it criminalises ‘carnal knowledge against was documented that police raided the order of nature’.6 and closed down a US Department of Defence funded health clinic and It is worth noting from the very outset medical research facility, the Makerere that since the Parliament of Uganda University Walter Reed Project. The introduced the Anti-Homosexuality police officials accused the project of Bill in October 2009, acts of human conducting “unethical research” and rights violations increased against the “recruiting homosexuals.”8 In another LGBT community. There was a marked incident, the Refugee Law Project increase in the number of violations of (RLP) an organisation that works with LGBT persons during the period when refugees on gender based violence and the Act was in force and when it was the host of the Civil Society Coalition nullified.7 on Human Rights and Constitutional Law (CSCHRCL) was served with 4 The Daily Monitor: New anti-gay bill in advanced stages. two letters in March and April 2014 Available at http://www.monitor.co.ug/News/National/ New-anti-gay-Bill-in-advanced-stages/-/688334/2528396/- where government suspended their /14e5eauz/-/index.html. Accessed on 26th March 2015. direct services to refugees in refugee 5 The Guardian: Uganda drafts new anti-gay laws. Available at http://www.theguardian.com/world/2014/nov/08/ camps and later at its Kampala offices uganda-drafts-anti-gay-laws-prison-promotion-homosexuality. Accessed March, 26 2015. The Committee never owned up on allegations that the organisation to the leaked draft Bill and up to the time of publication, no was promoting homosexuality in the one has come out to claim it. 6 Same sex conduct is criminalized under Section 145 of the Penal Code Act of Uganda cap.120. 8 ‘Makerere project recruited gays-Police’ The Daily Monitor, 7 See for example ‘Human Rights Awareness and Promotion Accessed on 30th March 2015. Available at http://www. Forum’ Annual Report, 2014, http://www.hrapf.org/ monitor.co.ug/News/National/Makerere-project--recruited- publications/annual-reports/hrapf-annual-report-2014-0 gays---police/-/688334/2272794/-/4mxkciz/-/index.html ,16-19 15 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 refugee camps.9 Reports of LGBT The Consortium does not purport this persons from Uganda seeking asylum report to be a full record of all the or refuge in other countries increased violations that took place in 2014. in 201410 as well, which is also relevant Indeed it is highly likely that many to the assertion that the passing of the were not included since information AHA had an influence on the number on them may not have reached the and nature of violations based on Consortium members and partner gender identity and sexual orientation organisations. Also many cases from in Uganda in 2014. partner organisations were left out as they could not be fully verified. While the focus of this report is not to emphasise that violations of rights of LGBT persons in 2014 were a result of the AHA,11 it is worth highlighting that the AHA directly contributed to the occurrence of violations against LGBT persons in 2014 due to the wide sweeping provisions that encouraged people and authorities to abuse the rights of LGBT persons. However, with or without the AHA, violations of rights of persons based on gender identity and sexual orientation would likely still have occurred in 2014. The existence of prior human rights violations committed against LGBT persons is evidenced by findings presented in earlier reports, including the report produced by the Consortium under the auspices of the Civil Society Coalition on Human Rights and Constitutional Law last year.12

9 ‘Uganda’s Anti- gay witch-hunt has begun’ www.vice.com, Available at http://www.vice.com/read/ugandas-anti-gay- witch-hunt-has-officially-begun-627, accessed 30th March 2015. 10 ‘Hundreds of LGBTI refugees have fled Uganda’ Advocate.com,A vailable at: http://www.advocate.com/ world/2014/06/27/activists-hundreds-lgbt-refugees-have- fled-uganda. Accessed on 30th March 2015. 11 The full extent to which the AHA influenced violations in 2014 is hard to measure. 12 The report: “Uganda’s Report on Violations based on Sex Determination, Gender Identity and Sexual Orientation” launched by the CSCHRCL in November 2014 reported violations of LGBTI rights from 1995 to 2013. Therefore, even without the AHA, violations of LGBTI rights would still have occurred in 2014.

16 Methodology

This report employed qualitative details of cases and later organised methodology to collect and verify data. and entered in the electronic human rights documentation system, Data collection Martus.13 These were reviewed by heads of departments of the Data collection for this report was organisations and later sent to the collaboratively undertaken by the Consortium Coordinator at HRAPF who Consortium members. However, other also reviewed and organised them for organisations outside the Consortium, verification. particularly, the National LGBT Security Committee contributed data During the period, the Consortium on the cases they had documented. members documented a total of 83 Cases of violations documented by cases of violations of rights based on the three member organisations of gender identity and sexual orientation the Consortium were collected at for this report. 71 of these cases were one central point managed by the documented by HRAPF and 6 were Coordinator of the Consortium based documented by RHF. Six other cases at HRAPF. Consortium members had were a result of one on one meetings earlier been trained in methods and conducted with victims of these techniques of data collection, fact- violations during fact finding. The finding and verification of cases to National LGBT Security Committee also ensure that data collected was of high availed data for 115 cases of violations quality and met the standards set by the that were documented during 2014. Consortium for inclusion in the report. Collection of data was undertaken In total, the Consortium had 198 cases from January to December 2014 and to consider including in the report. Time verification, cleaning and coding of and concrete steps were taken to verify data was done from December 2014 each and every case to the greatest to April 2015. measure possible to ensure that only substantiated cases of violations in Collection and documenting of data 2014 made it to the report. was done using a standardised system of documentation. Field 13 Martus, an open-source software platform, is used officers who were in most cases Legal by human rights workers, lawyers, journalists and others worldwide to standardise, securely share, and/or secure Assistants or Paralegals situated at information from theft, loss, destruction, and/or unauthorised different organisations which form access is developed by Benetech, a non-profit technology company that develops and supports Martus (www.martus. the Consortium collected data on org). violations from the field. Physical files of cases were created containing

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Verification of cases At this stage many cases still could not make it to the list because some of the To ensure quality and accuracy of people who witnessed the occurrence cases included in the report, the of the violations had either relocated to Consortium developed strict guidelines unknown destinations or had obtained for verification. All the 198 cases asylum and left the country. One-on- collected were taken through a rigorous one meetings were also held with the verification process following the victims and perpetrators to ascertain guidelines developed. Two methods of information about the violations. These verification were used to validate and were later compared with statements qualify cases for this report. recorded from eyewitnesses to see if the facts tallied. Focus group discussions The first method involved reviewing were also held where there were the documented cases using the many witnesses. However, these were information availed. Each case was minimised because people did not feel reviewed at a time. Documented secure and confident to discuss some cases were expected to be backed of the violations in a group setting. up with documentary evidence and In cases where all individuals gave statements of parties involved in the different accounts, specific questions, case. Documents supporting claims of which helped them to remember eviction, police arrests, bonds, court specific events, were asked to ensure bail, medical examinations, school that they had not just forgotten the expulsions etc. were expected to be facts. Of the 198 cases of reported availed on case files. All statements violations collected for the report, were reviewed. Once the documentary only 89 cases passed the verification was fond to be sufficient, the case was process for inclusion in this report. deemed to qualify and the second Many unverified cases of human rights method would not apply. violations were eventually not included in the analysis in this report—not due Those cases that were found to be to any disbelief that the abuses took wanting were subjected to the second place, but because the cases could not method. The second method involved meet the verification standards set by witness corroboration. The verification the Consortium. guidelines for the Consortium regarded one as a witness if they had first hand Methodological challenges knowledge of what happened in a particular event. In each case, at least The stringent system of verifying cases two individuals who were in position for this report created challenges for to know details of the case were the Consortium’s verification team. required to corroborate the accuracy Many cases of violations were left of the facts compiled in order for the out, leading to misrepresentation of cases to be considered to have met the some groups in the LGBT community. standard of the verification procedure. The verification system created a high

18 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 standard of proof of violations hence unlike their upcountry counterparts. As ruling out violations that could perhaps such, many of the reports that met the have made it to the report. While the verification criteria were recorded in system ensures high data quality for Kampala. These factors made it easier the report, it might have missed some for violations documented in Kampala important violations that occurred to make it to the report. Not surprisingly, in 2014 because of lack of enough this report includes more cases from evidence to back the allegations. Kampala than from anywhere else in the country. Violations occurring The signing and subsequent in rural areas are underrepresented operationalising of the AHA caused in this report. In most rural districts, tension among members of the community organising for LGBT rights LGBT community and also increased is not as vibrant as it is in Kampala, and homophobia and persecution of LGBT many cases of abuse go unreported. persons. This increased cases of On the other hand, the fact that most people seeking asylum in neighbouring rural areas in Uganda do not have countries and other countries. It also many “out” LGBT persons suggest that caused the closure of organisations violations may be less likely to occur that worked on LGBT issues by their outside of Kampala. founders. This meant that many violations that occurred could not Thus, the data in this report does be verified because information and not accurately represent the true evidence to use for verification was geographic variance of violations lost. In the period following the passing occurring across Uganda but rather of the AHA, organisations operated by reflects the current status of the reach LGBT people and providing services of documentation and verification including documenting violations efforts that these organisations panicked and lost data that had been could conduct. As with the number documented. Others burnt some of violations occurring over time, the of their materials, documents and geographic scope of the sample of equipment and closed, fearing that they data gathered for this report does not would be arrested. Due to this lack of allow the authors to make statistical necessary evidence and corroboration inferences about geographic trends. from witnesses or victims, many cases did not make it to this report. Of the 111 victims of human rights abuses who were interviewed for The high concentration of grassroot this report, 69 self-identified as LGBT organisations in Kampala led gay men; 21 self identified as trans to geographical bias in the report. people (transmen and transwomen); Also, organisations in Kampala have 9 self-identified as lesbians; 6 as over time improved their capacity to Bisexuals yet 6 declined to identify document and report cases of violations their sex, gender identity or sexual

19 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 orientation status.14 While there were While there are indications that the no indications of specific targeting of type of violations experienced, who gay men as compared to others within perpetrates them, and where they the LGBT group, research showed that occur (e.g. public, private, etc.) vary they are the most likely to be reached according to different LGBT identities, by researchers to report cases to the small, non-representative sample organisations that document them, size of violations per group included in while other populations were more this report is not designed to provide difficult to reach or did not come forward statistical conclusions about trends to report violations as frequently. by identity. However, what the data does establish beyond doubt is that all Among the cases reviewed by the members of this group of Ugandans research team, a non-conforming experience violations and/or outward appearance proved to discrimination based on their gender be a common factor in violations, identity, and sexual orientation. particularly public ones. This includes many transgender persons, who appear to be more at risk of being brutalised because of presumptions based upon their appearance.

Out of the 198 case reports collected by members of the Consortium, only 89 case reports were verifiable. This is because in most reports information was scattered, supporting evidence was lacking and in many cases the Consortium team failed to establish some facts even from witnesses they talked to regarding the case reports. Therefore, the Consortium team found it difficult to establish facts on those cases, which showed that there is, still need for documentation capacity building to obtain well researched and verified documentation of cases in the LGBT community.

14 The research team documented the identity of individuals based on how the individuals would define themselves. Nevertheless, these identities are fluid and it is impossible to accurately map people onto a chart. In a society with high levels of homophobia, bisexuals may also be more likely to remain closeted and less likely to report violations to the police, service providers, or LGBTI organisations.

20 Human Rights Violations Based on Gender Identity and Sexual Orientation in Uganda in 2014

General overview human rights. The obligations that were directly violated by the state are 89 violations qualified for those to respect and fulfill, since state documentation in this report. Of these agencies directly violated the rights 89, 47 were perpetrated by states of LGBT persons and failed to put in actors and the others by non state place measures to ensure that LGBTI actors. The details of the violations persons realise their rights. The direct are discussed under the category of violations by the state are discussed perpetrators. below as per state agency responsible for the perpetration: Violation of human rights by state actors The Uganda Police Force

International human rights law lays The Uganda Police Force has the down obligations, which states are constitutional duty to protect life and bound to respect. By becoming property, to keep law and order and to parties to international treaties, prevent and detect crime.15 Indeed, in states assume obligations and duties doing its work, the Police need interact under international law to respect, to with LGBT persons, and since same protect and to fulfill human rights. The sex relations are criminalised, the obligation of states to respect human Police at least has some formal legal rights means that the Republic of justification to arrest suspects with a Uganda must refrain from interfering view of prosecuting them. However, with or curtailing the enjoyment of this does not take away the rights of human rights. The obligation to protect the suspects or potential persons to requires Uganda to protect individuals be arrested. Yet, in most instances, and groups against human rights the rights of suspected LGBT persons abuses and the obligation to fulfill are violated in the process of law requires the state to take positive enforcement. The police indeed actions to facilitate enjoyment of basic emerged as the main violators of LGBT

15 Constitution of the Republic of Uganda, Article 212.

21 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 rights during the year 2014, despite the LGBT community faces the few incidents of protection that when interfacing with the Police, stand out. including arbitrary arrests, anal examinations, detention beyond Protection of LGBT rights by the 48 hours and being denied Uganda Police Force access to counsel. The IGP recognised the fact that human Before presenting the violations rights apply to all including however, it is important to point out LGBT persons, and that some the positive role played by the Police of those violations are not to protect LGBT rights during the year specific to LGBTI persons but 2014. The Uganda Police Force must all Uganda due to the various be credited for protection of the rights challenges facing the Uganda of LGBT persons in the few instances Police Force. He however made where they have done so. Though this it clear that as long as there is not the dominant trend, nevertheless are laws criminalising same particular incidents stand out where sex relations, the Police will be the Police has protected LGBT persons. bound to arrest suspects since Indeed, in five different instances their role is to enforce the laws. during the year 2014, the Police The representatives of the LGBT especially through the Directorate of community admitted this but Legal and Human Rights intervened to emphasised that arrests should stop violation against LGBT persons. only be done where there is These are: reasonable suspicion which is never the case, and that the In May 2014, representatives Police should not violate the of the LGBT community met rights of the LGBT persons even with General Edward Kale when enforcing such laws. The Kayihura, the Inspector General Police leadership agreed with of Police (IGP), and Erasmus this, and promised to follow up Twaruhukwa, Assistant Inspector on cases of violations. This was General of Police and Director a very positive step, and in fact of the Directorate of Human since then the Police leadership Rights and Legal Services.16 has intervened in four cases This in itself was a milestone involving police violations of for which the Police leadership LGBTI rights. is highly applauded. During the meeting, LGBT leaders shared On 14th May 2014, the police the different challenges that rescued a bisexual man from a mob, which had locked him in a 16 The Directorate of Human Rights and Legal Services is responsible for advising Police management and other house and assaulted him. This officers on legal issues, initiating Police related legislation, guiding the Police disciplinary process, and drafting bills and was after neighbours had noticed other statutory instruments for the Uganda Police Force for the noise that was coming from onward submission to the Solicitor General.

22 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

the house and realised that was arrested and paraded as a someone needed help. When homosexual. On 11th November the Police was called in they 2014, the customer slapped her rescued him from the mob and and even promised to mobilise the matter was investigated.17 other people to beat her up, and indeed on the evening On 17th March 2014, the Police of the same day, a group of arrested and investigated a man youths started throwing stones suspected of assaulting and at the bar while demanding stealing from a gay man and the management of the bar to a transwoman. The two were hand her over to them. Working locked in a house and beaten with lawyers from HRAPF, the with sticks and wires by three victim reported the matter to the men while they were being asked police. Police then summoned why they were homosexuals. the customer to appear before it They were video recorded and to answer charges of assault on robbed of their properties the client, which helped to stop like phones, money and the violence.19 identification documents. When one of the two victims escaped, In April 2014, the Police provided they contacted their lawyers at security during a mediation to HRAPF who called the Police. recover property for a gay man The Police responded in full who had been arrested. This all force and rescued the remaining started in January 2014 when victim and arrested one of the the landlord evicted the victim perpetrators. The case was working with the Local Council investigated and the arrested authorities. It also happened perpetrator was later convicted that they reported the victim to with theft and sentenced to Old Kampala Police Station that three months imprisonment.18 he was a homosexual. When he reported to the Police about The Police also helped to the eviction he was instead stop threatening violence of a arrested on charges of having transwoman who was threatened carnal knowledge against the by customers at her work place. order of nature and remanded On several occasions one of the to prison for three months. After customers used to go to the bar his release, the police escorted where the victim worked and he the victim and his lawyers to would always tell her that they recover his property from the did not want homosexuals there, Chairperson who had retained and that he had previously seen them.20 her in newspapers when she

17 Case Number: 20/05/2014 19 Case Number: 38/11/2014 18 Case Number: 31/03/2014 20 Case Number 30/01/2014

23 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

However, despite these very positive prohibitions on non-consensual incidents, in most cases the Uganda medical experimentation. Police Force (UPF) participated in the abuse of the human rights of LGBT The suspect was detained persons and also condoned such for more than 48 hours thus abuses by third parties. violating his constitutional right to liberty. The suspect was Violations by the Uganda Police arrested and produced in court Force 21 days after a court warrant was secured. More than half of the violations recorded by the Consortium for this The suspect was also paraded report were by the Police. These are before the media while in 47 cases of violations out of the 89 detention and this violated the recorded. All these violations usually constitutional presumption of start with a police arrest and then they innocence and his right to privacy. escalate. Although the violations are The suspect appeared in the red clustered in rights violated, usually pepper on 29th January 2014 there are multiple violations within one under the headline “HORRIBLE: individual case. A case to illustrate this City sodomite infects 17 boys is: with HIV.” This violated his right to privacy as his HIV results were On 27th January 2014 where published.21 police arrested a man on suspicion that he was gay. The violations of the human rights of LGBT person perpetrated by the Police After the arrest, the Police were as follows: forcibly subjected the suspect to an anal exam, which was Violations of the right to liberty conducted at Mayfair clinic under reference number GEF. The Police was very key in the 02/2014. The exam was carried violations of the rights to liberty, which out on 30th January 2014 as a is protected under Article 23 of the way of obtaining evidence as Constitution. The main violations were: to whether he had engaged in

acts of homosexuality. This was 21 The police practice of allowing detainees to be inhuman and degrading and photographed by journalists prior to being brought to court violates the right to be presumed innocent and the right to done without consent. a fair trial, as well as the UN Standard Minimum Rules for the Treatment of Prisoners requirement that prisoners be protected from insult, curiosity and publicity in any form. The suspect was further subject Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the to a compulsory HIV test, Prevention of Crime and the Treatment of Offenders, held at which was in contravention Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of July 31, 1957 and of international and national 2076 (LXII) of May 13, 1977, Rule 45(1).

24 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

Arbitrary arrests not an offence for which someone can be arrested, for Section 145 of The Constitution protects the right to the Penal Code is limited to ‘having personal liberty. It provides that no carnal knowledge against the order of person shall be deprived of personal nature’,25 and so the person can only liberty except for certain cases such be arrested if they are caught in the act as the execution of a sentence or court of having same sex sexual intercourse order; preventing the spread of an or there is some strong inference that infectious disease; and for purposes they are doing so. Any other such arrest of preventing unlawful entry into the becomes arbitrary. This is partly shown country, among others.22 International by the limited use of arrest warrants. law also provides substantive Police officers are only allowed to safeguards against unlawful arrest and arrest someone without a warrant if detention, including the principle that they have reasonable suspicion that police or judicial actions that are not the person has committed or is about carried out in accordance with national to commit an arrestable offence.26 In law are unlawful.23 no single documented case of arrest was an arrest warrant used during The right to personal liberty in cases the year 2014. This indicates that the of criminal cases can be limited where arrests took place without the police there is “reasonable suspicion that doing investigations first and having the person has committed or is about sufficient cause to have an arrest to commit a criminal offence under warrant issued by the courts. the laws of Uganda.”24 However, most of the arrests of LGBTI persons that In the year 2014, in all documented were documented occurred without cases of arrests LGBT persons were any reasonable suspicion as to the arrested in circumstances that would commission of an offence. Most of qualify to be arbitrary arrests since them are arrested after the Police has none of them was arrested while been tipped off that someone looks having sex or on reasonable suspicion like a homosexual (this is especially so that they were having sex. for transgender persons) or that two men are sleeping in the same house 12 arrests out of the 36 documented and thus they are ‘homosexuals’. arrests did not result into preference Incidentally, being a homosexual is of charges against the suspects. They were simply arrested, detained 22 Constitution of and of his or her right to a lawyer of his or her choice. the Republic of Uganda, article 23(1). and later released without charge. 23 Article 9(1) of the ICCPR provides that: “No one shall be deprived of his liberty except on such grounds and in Outstanding examples of cases accordance with such procedure as are established by law.” where people were arrested simply on Arbitrariness is understood to be interpreted broadly to include not only unlawfulness but also inappropriateness, suspicion are: injustice and lack of predictability. Van Alphen v. The Netherlands, Human Rights Council, Comm. No. 305/1988, 25 As per Musoke Kibuuka J, in Kasha Jacqueline & Ors v 23rd July 1990, para. 5.8. Rollingstone & Anor, High Court of Uganda, Misc. Cause No 24 Constitution of the Republic of Uganda, art. 23(1)(c). 163 of 2010. 26 The Police Act, section 23(1)

25 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

On 27th January 2014, Old Arrest without immediately giving Kampala Police Station arrested suspects reasons for the arrest and a gay man after being tipped without informing them about their off by his landlord that he was right to a lawyer homosexual. The landlord told the police that he had been A person arrested, restricted monitoring him and had sensed or detained has to be informed that he was gay because of his immediately in a language that the characters. The landlord got in person understands of the reasons touch with the chairman of the for the arrest, restriction or detention area and together they threw and their right to a lawyer.30 In all the suspect’s property outside documented cases, there is no single and later took him to the police. instance where the person arrested He was later taken to court on was given reasons until they were at 21st February and charged with the police station, or immediately having carnal knowledge against informed of their right to a lawyer. The the order of nature.27 outstanding cases are:

On 28th January 2014 the police On Thursday 18th December at Ntinda arrested a Kenyan and 2014 the police arrested a gay a Belgian Nationals on suspicion man while he was coming from of practicing homosexuality. the gym in Nabweru. During the They were later transferred to arrest, he was not given a reason Kira Road Police Station and but rather forced into the car. He accused of practicing an act was driven to Nabweru Police of homosexuality and being in Post where he was charged possession of pornographic with being rouge and vagabond. materials.28 He was later taken to Matugga Court where he was remanded On 2nd March 2014 the police at to Buwambo Prison.31 Namirembe police post arrested a gay man and detained him On 27th September 2014 a gay after a tip off from someone man, was arrested at his home that he was homosexual. The in Salaama after neigbours suspect was arrested and complained to the police that released without a charge he was homosexual. During when the complainant failed to the arrest, he was just taken produce evidence that he was to Kikajjo police post where he homosexual violating his right to was charged with the offence liberty.29 of practicing homosexuality. He was released on 28th September

27 Case number: 01/01/2014 30 Constitution of the Republic of Uganda, article 23(3). 28 Case number: 04/01/2014 31 Case number: 28/12/2014 29 Case number: 05/03/2014

26 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

2014. During the arrest, his with Extortion and blackmail. The passport, mobile phone and air threat of long pre trial detention is used ticket and a laptop were retained to cow suspects into paying for police at the police but were later bond. Even though police bond is free, returned to him.32 in most cases, members of the LGBT community were asked for money to be On 25th April 2014 a gay man released on police bond.35 was arrested after he received a phone call to go to Kabalagala Among the documented cases of Police Station. On reaching there unlawful pre-trial detention, the ones he was taken to Katwe Police that stand out are: Station where he was told he had sodomised a person who A gay man and transwoman had reported him to the police. were arrested and detained for However during all the time he 21 days without being produced was not informed of the reason in court.36 They were denied of his arrest until at Katwe Police bond and only produced to court Station where he was informed after a production warrant was that he was being arrested on processed when their lawyers sodomy charges.33 complained to the Uganda Human Rights Commission. They Being detained beyond 48 hours were later charged with carnal knowledge against the order of The Constitution provides that arrested nature. or detained persons “shall, if not earlier released, be brought to court as soon In a similar account, a as possible but in any case not later transwoman was arrested and than forty-eight hours from the time of detained for five days. She was his or her arrest.”34 later produced in Matugga court and charged with being rogue In many of the cases documented for and vagabond under section this report, victims of arbitrary arrests 168 of the Penal Code and were detained for long without being remanded to Luzira Prison after released on police bond or being HRAPF lawyers had written a brought before a magistrate. Of the letter to the Inspector General of 36 victims of arbitrary arrest and Police (IGP) complaining about detention whose testimony informed the arrest and delayed release this report, 18 were held in pre-trial of their client.37 detention in excess of the 48 hours prescribed by the constitution. Lengthy 35 In many cases documented, police arrests members of the LGBT group to exhort money from LGBTI persons. Although pretrial detention is usually connected evidence is difficult to obtain in order to substantiate these claims, victims interviewed always confessed to have given 32 Case number: 26/09/2014 money to police officers to be released on bond. 33 Case number: 17/04/2014 36 Case numbers: 01/01/2014 and 02/01/2014 34 Constitution of the Republic of Uganda, art. 23(2), (4). 37 Case Number: 03/01/2014

27 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

A man was arrested on her on the day of her arrest, he allegations of carnal knowledge was denied access. An interview and detained for 13 days before was only granted the following he was produced in court.38 day on condition that it was conducted in the DPC’s office in Two men were detained on the presence of about 12 other allegations of sodomy on 18th visitors who had come to see the March 2014 and released on DPC. police bond on 17th April 2014.39 A total of 28 days were spent in Violations of the right to freedom detention at the police station. from inhuman and degrading treatment and the right to privacy Another man was arrested on 30th April 2014 and detained at The Police also subjected LGBT Kabalagala Police Station and persons to violations of their rights to produced after 12 days on 12th freedom from inhuman and degrading May 2014.40 treatment, which is protected under Article 24 and the right to privacy, A transman was arrested and which is protected under Article 27 of detained at Jinja Police Station the Constitution. This was done in the for two weeks without granting following instances: him bond.41 Use of excessive force during arrests Denial of access to legal counsel There were two documented cases Article 23(5)(b) of the Constitution a where police used excessive force person who is arrested or detained during arrest. They dragged and beat shall have their lawyer given up the suspects during the course of reasonable access to that person. arrest. A case that stood out was: In one documented case, the Police denied a transgender victim access The police arrested a to legal counsel. This arose from the transwoman and she reported following circumstances: being beaten and harassed by the police officers during arrest. The victim was arrested on the She was insulted and wounded 27th January 2014 and detained during the arrest, which left at Central Police Station.42 scars on her body.43 When a lawyer from HRAPF went to the police station to interview

38 Case Number: 09/09/2014 43 Case Number 03/01/2014: The victim’s scars 39 Case Number: 11/03/2014 were inspected and photographed by Consortium staff. 40 Case Number: 13/04/2014 Photographs on file at HRAPF offices. 41 Case Number: 15/04/2014 42 Case Number: 03/01/2014

28 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

Detention of transgender persons to be a man with the aim of with persons of a different gender defrauding people. This exposed him to abuses and trauma from When detaining transgender persons, the abuses. the Police used the perceived gender of the person to decide in which cells to Forced anal examinations detain them. In all cases, transgender men were put in detention cells for In three cases, the suspects were women and transgender women subjected to anal exams. This is done out in detention cells for men. In 10 to apparently find evidence of anal documented cases transwomen were sex, despite such tests having been detained in male detention cells with found to be evidentiary worthless and men who abused them verbally through a violation of the rights to dignity and sexual gestures. Likewise there were privacy of the person. 4 documented cases where transmen were detained in female detention In one of the three cases, cells in 2014. Below are some cases a transgender person who of this nature: had survived mob action was subjected to an anal examination On 27th of January 2014, a at Mayfair Clinic on 30th January transwoman was arrested and 2014. detained at Old Kampala Police Station. Because the police Forced HIV tests perceived her to be a man, she was detained with male inmates Mandatory HIV testing is discredited who insulted her verbally while in and constitutes a violation of the detention. rights to freedom from inhuman and degrading treatment and the right to On 9th February 2014, a privacy and yet in four documented transman was detained at Kiira cases, victims of arbitrary arrest Road Police Station when he reported that they were forced to under went to check on his friend who go HIV tests without their consent. In had been arrested for theft. one of the cases, results of the HIV The police claimed that after test were revealed to the media, and inquiries, they found that the published in an article declaring that suspect had a connection with the victim had infected others with the theft that had taken place HIV.44 and also arrested him. The victim was detained in female 44 The victim appeared in the Red Pepper of 29th January detention cells. They alleged 2014 under the headline “HORRIBLE: City sodomite infects that he was a woman pretending 17 boys with HIV.” This violated his right to privacy as his HIV results were published.

29 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

Violation of the presumption of organisation accusing it of promotion innocence: Parading of suspects of homosexuality. before the media On 3rd April 2014, Makerere Persons arrested were also in many University Walter Reed Project, cases subjected to violations of the an organisation that was presumption of innocence which is one engaged in research on HIV was of the key components of the right to a raided by the police and a staff fair trial. The presumption of innocence member arrested on allegations is protected by Article 28(12) of the of promoting homosexuality Constitution. The Police violated in Uganda. The organisation this right through parading suspects was raided because of their before the media and labeling them as engagement with the LGBT ‘homosexuals’, and ‘impersonators.’ community. This was in violation 11 cases were documented where the of the right to freedom of Police paraded LGBT people before the assembly and association. The media during and after arrest. project provided a platform for the LGBT community to freely This not only violates the right to express themselves as regards presumption of innocence but also their health problems.46 puts LGBTI persons at risk of being subjected to mob justice, and indeed Failure to investigate violations for many of them, this breeds many based on gender identity and challenges of fitting back into the sexual orientation community, and leads to violations by members of the public.45 Besides being involved in violating rights of LGBT people, the Police also Violations of Freedom of Speech, involves itself in other violations which Assembly, and Association have the effect of denying access to justice to LGBT persons.The Police in Article 29(1) of the Constitution some cases simply refuse or fail to protects among others the right of investigate cases reported to them every person to freedom of speech and involving violations of LGBT rights. expression, freedom of thought, and Some of these incidents are highlighted conscience and belief. . In 2014, the below: Police violated these rights especially the right when its officials raided an In a case that happened on 28th November 2014, the Police 45 For a detailed discussion of how this affects LGBTI persons, see Human Rights Awareness and Promotion Forum failed to investigate claims where (HRAPF) and the Civil Society Coalition on Human Rights and Constitutional Law (CSCHRCL) ‘Protecting ‘morals’ by unknown people assaulted a dehumanising suspected LGBTI persons? A critique of the member of the LGBT community enforcement of the Laws criminalisation same-sex conduct in Uganda’ 57-66. 46 Case Number: 58/04/2014

30 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

and left him unconscious and homosexuality in the settlements. On bleeding. When he reported, 20th May, RLP received another letter the Police did not go on with the from the Permanent Secretary, signed investigations and the victim by the Commissioner for Refugees in was left with no redress.47 the Office Prime Minister, extending the suspension to the Kampala office.49 The police failed to investigate a case in which a transwoman was Violations by Local Council assaulted and humiliated. On Authorities 28th May 2014 at around 10.00 am while the victim was going Local Councils are created under the to an Internet café, she met five Local Governments Act, and so they are men and a lady who pinpointed part of the state. Authorities at these her and started asking why she levels especially the Local Council I pierced her ears and why she (village level) actively participated in wears her trousers the way she the violations of the rights of LGBTI did. They started beating her up persons. In 2014, many members of saying that he and his neighbors the LGBT movement were forced to who usually moved with her vacate their villages and houses simply were gay. During the scuffle, because of their sexual orientation or her belongings were stolen. She gender identity. This resulted into the worked with lawyers to report the violation of the right to freedom from case at Kyengera Police Station, inhuman and degrading treatment, which did not investigate the since banishment from villages has 48 incident. been held by the Supreme Court to constitute such a violation.50 In Violations by the Office of most cases their friends offered them the Prime Minister shelter after eviction because the persons evicted usually end up losing The Office of the Prime Minister was their jobs in the process. Landlords also directly involved in the violation often connived with Local Council of the right to freedom of association Chairpersons to force LGBT people through the Department for Refugees. from houses and expel them from their On 14th March 2014, the Minister villages. The instances that stand out of Relief, Disaster Preparedness are: and Refugees wrote to all Refugee Settlement Commandants and In January 2014, a man had Refugee Desk Officers advising them his property thrown out of the to suspend the activities of RLP in the house because the landlord settlements pending investigations on and chairperson LC I suspected allegations that RLP was promoting him to be gay. When he went

47 Case Number: 57/11/2014 49 The suspension was lifted in January 2015 after the 48 Case Number: 33/05/2014 Refugee Law Project stopped hosting the coalition 50 Salvatori Abuki and Anor v Attorney General, Constitutional Case No. 2 of 1997, Per Oder JSC 31 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

to report the case at police, Violations by non state he was instead arrested actors because the Chairperson had already reported that he was a Private individuals also involved in homosexual.51 carrying out violations against LGBT persons in 2014. The state is still In a similar event in November complicit in this, since International 2014, a transman was evicted human rights law imposes a duty on from a house and expelled from a states to protect persons from third village due to his gender identity. party violations of human rights. In The Landlord connived with the many cases informing this report, a chairperson and gave him an significant number of the violations ultimatum of two days to vacate of rights were primarily or exclusively the house and was advised to involved non-state actors such as family also change the village because members, neighbours, and members they could not bear living on the of the broader community. There same village with him.52 were also numerous ways in which members of the LGBT community were On 5th June 2014, in connivance treated inhumanely and harassed by with the Chairperson a landlord private individuals. However, little or evicted a transwoman from her no intervention or protection was done rented room because of her by the state in such cases. gender identity. This was after the landlord had made accusations The Consortium research team on several occasions that she documented and verified 42 cases was gay. She was given a two where non-state actors perpetrated weeks’ notice to leave the rented abuses, and in many of these, the house.53 state failed to act.

Violations by landlords: Forced Evictions from rented premises

In 2014, 20 cases of forced evictions of LGBT persons were recorded. The individuals were expelled from their places of residence because of their real or perceived gender identity or sexual orientation. Landlords and

51 Case Number: 01/01/2014 neighbours variously demanded that 52 Case Number: 75/11/2014 members of the LGBT community leave 53 Case Number: 44/06/14 their premises, or altogether vacate

32 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 from their locality. Landlords issued asked him to leave his house immediate eviction orders, regardless as he could not house people of any current tenancy agreements, like him. On the next day he or balances of paid-up rent. Eviction was given a letter from the area letters were rarely issued. Many Chairperson directing him to threatened individuals reported violent leave with in three days.55 verbal evictions implemented by rowdy groups of people. In some cases where In another incident, a woman there was a deadline given to vacate was evicted because the the houses, landlords working with neighbors complained to the neigbours and mobs threw property landlord, saying that she hosted out of the house and advised them to people whom they could not obtain houses else where preferably clearly understand, and that away from the village as well. As a from the way they dressed and result many members of the LGBT their general appearance, they community were left homeless amidst could have been lesbians and challenges and realities of arrest and therefore she was also be one abuse by members of society. The 20 of them. The landlord contacted cases of forced evictions documented her and informed her about by this report are a drop in the ocean these complaints and requested of incidents of eviction that members her to leave the house as he of the LGBT community face in their could not continue to house day-to-day lives. Below five incidents such people that neighbors were of forced evictions which stand out are not comfortable with.56 reproduced from the 20 verified cases: On 12th April 2014, a man A transwoman, had been was evicted without notice arrested and prosecuted in court because his landlord had heard on charges of having carnal rumors about his involvement in knowledge against the order of homosexuality. In fact in February nature. Her neighbours claimed 2014 the landlord had called that they could not associate and confronted him about the with a person that had been same allegations but the victim arrested and charged with such had denied the allegations.57 an offence and threatened violence if she did not relocate A transman was thrown out from that village.54 of his residence in Gayaza in December 2014.58 This was A transman, had appeared on after a neighbor had reported national television after an arrest him to the religious leaders at a in which it was claimed that he is nearby mosque, saying he was a fraudster. After seeing him on 55 Case Number: 42/03/2014 the news, the client’s landlord 56 Case Number: 46/08/2014 57 Case Number: 47/04/2014 54 Case Number: 36/05/2014 58 Case Number: 59/12/2014 33 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

gay and he was recruiting people people were attacked and physically into homosexuality. The religious abused by mobs. The incidents that leaders in turn reported the stand out are: matter to the area chairperson and they demanded that the On 6th March 2014 a man was victim should be sent away from called by his friend to join him the village, as they could not live at his home. On arrival he found with people of such ‘manners.’ two guards waiting, they dragged His parents also dismissed him to a friend’s home where him from home on the same he was detained for 11 hours. allegations. The parents beat He was beaten and accused him heavily and tried to bring of wanting to recruit the friend police to arrest him, and put him into homosexuality. He was in jail. 59 later taken to Kabalagala Police Station where he was again Violations by mobs and detained until lawyers working unknown persons: Mob with HRAPF rescued him.60 Justice, Physical Violence In another incident, a gay man and abuse was beaten by unknown persons who trailed him from a bar in Mob violence was another trend of Makindye around the court on discrimination that LGBT people faced 28th November 2014 on his in 2014. They were often attacked by way home. He was first hit with mobs of people, unknown to them a bottle-like object, and then in most cases, and beaten, insulted pounced on by five men who and abused because they suspected punched and kicked him. He them to be homosexuals. They were was left bleeding and was saved subjected to inhuman and degrading by his friends he was with after treatment and sometimes sustained he called them before he lost deep injuries as a result of the consciousness.61 violence. Verbal abuses were thrown at them, which made their life very In another incident, a transman uncomfortable in areas where they was attacked by a group of three stayed. In very many incidents, LGBT men at his home in April 2014. persons received insults from boda Men came and started knocking boda men stages close to their homes, at his door. His colleague opened taxi drivers or neighbours at places and the men asked for him. When where they rented houses. This made he came out of the house, they their life miserable and uncomfortable. started questioning him: ‘Who Although this is a common way of life are you people, what do you do for LGBT people in Uganda, this report and who are your supporters?’ only verified 14 incidents where LGBT 60 Case Number: 10/03/2014 59 This did not happen because parents completely refused. 61 Case Number: 57/11/2014

34 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

They started beating him along and therefore their livelihood was side abusing him. They even undermined because of their gender destroyed his property at home identity or sexual orientation, and in all including his laptop and then incidents no action was taken by the they left. They kept sending him state. These incidences are: threatening messages until he had to shift from the place.62 On 30th September 2014, a gay man was dismissed and denied ‘Boda Boda’63 riders were 4 months’ salary from his work haunting a man at a stage near place after being accused of his home on 9th April 2014. being gay. This was also a direct They used to point at him, deprivation of his right to work.66 laughing at him saying that he is homosexual. “Look at him we On 7th September 2014, the shall get rid of such people now business community in Mbarara that there is a law.”64 One of the evicted a gay man from his boda boda rider sremarked. He market stall. This left him with later had to relocate to a place no work to earn a living. where he felt confortable, which was very far from his place of Finally, on 12th May 2014 a gay work.65 man who was employed by a family member was terminated On 27th January 2014, a woman and not paid his four month’s was attacked by her neighbors salary after it was revealed that and boda boda riders around he was gay.67 her home. This was after the neighbours had always insulted Violations by families: her that she was homosexual. Family discrimination and They beat her up and threatened abuse to rape her if she did not change her ‘behaviour.’ She later had to Family members on several occasions relocate to another place where expel LGBT people from their families’ she was less known. houses and sharing of family incomes that they are entitled to mainly Violations by employers: because of their gender identity or Denial of work and sexual orientation. They have been livelihood forced to report themselves to police by family members and parents have This report documents cases of disowned their own children. This three individuals whose right to work, report documented 10 cases where LGBT people were discriminated and 62 Case Number: 72/11/2014 63 Motorcyclist riding people as it is done with taxis. 64 The were referring to the Anti-Homosexuality Act 2014 66 Case Number: 77/09/2014 (annulled). 67 Case Number: 89/05/2014 65 Case Number: 85/04/2014 35 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 abused by their families. The instances family rentals and warned her that stand out are: never to go near those properties yet she had an art studio there.71 In March 2014, a transgender person was rejected by his In October 2014, in a family family and thrown out and meeting it was decided that a his belongings put on fire. His man either reported himself to relatives vowed to kill him rather police that he was homosexual than having a homosexual in or vacated the family. This was the family. It all started on 23rd after the brother he was living January 2014 when the grand with reported him to their father mother suspected her of being and a family meeting was held homosexual after seeing her to discuss the matter. The client with someone she thought was sought legal advice about the homosexual.68 matter but later moved away from home because of the Until March 2014, a man was discrimination.72 staying with his parents when it was discovered that he was Violations by Health gay, his parents threw him out Officials: Denial of health of the house. He was assisted services by the National LGBT Security Committee to obtain a place to Homophobic, sexist and transphobic stay.69 practices and attitudes on the part

of health-care providers deter LGBT Family rejected a bisexual persons in Uganda from seeking person when his wife got to know services out of concerns around about his sexual orientation. She breaches of confidentiality, stigma, told the rest of his relatives and and potentially violent reprisals. One a clan meeting was held and case of this kind occurred in 2014: it was agreed that he goes to police and reports himself, or In April 2014, a transman faced he was no longer a member of discrimination at the hand of that family. He left his home and health workers. He had sought has since been staying with a treatment for malaria from a friend.70 clinic nearby. When he reached

there, he found a nurse who In April 2014, a woman was started working on him. She took rejected by her father because of him to the doctor’s room and her sexual orientation. He even started asking him questions instructed his lawyers to stop her of whether he was a man or from collecting money from the woman. He told her that that

68 Case Number: 48/01/2014 71 Case Number: 52/04/2014 69 Case Number: 50/03/2014 72 Case Number: 54/10/2014 70 Case Number: 51/12/2014 36 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

did not matter but rather the are: treatment that he sought. She told him that he should wait for Four men were evicted at Kasubi the doctor to handle his matter. after one of their friends they The nurse went out and after were living with appeared in a short while the doctor came the Red Pepper tabloid of 17th and started asking the same August 2014 as a homosexual. questions, which he thought that Residents called for a meeting in the doctor had discussed with which they were tasked to bring the nurse. The doctor accosted their friend. This scared them him and told him that they do and they were forced to leave not want people like him in their the area and went to stay at a community and also threatened friend’s house in Nabweru.74 to involve police in the issue. He gave up on the treatment A transman had appeared on but in order to keep the doctor national television after an silent his girl friend offered some arrest in which it was claimed money to him and he left them that he was a fraudster. After alone.73 watching the news, the victim’s landlord asked him to leave his Violations perpetrated houses, as he could not house by the media: Propelling people like him. On 2nd March homophobia 2014 he was given a letter from the area Chairperson directing him to leave with in three days.75 Uganda’s media contributes to the high homophobia and transphobia Two local tabloids (Hello and in society through exposing of sexual Red Pepper) published names minorities in Uganda’s newspapers, and pictures of a suspected radios, televisions and online media homosexual in Mbarara. At perpetuating repellent stereotypes, his work place he become the which are always typically sensational, topic of discussion and was and which at times appears to be summoned to a meeting with utterly devoid of facts. The publication his supervisor to discuss the of names and photographs of people media publications that had suspected to be LGBT perpetrates caused public humiliation to other forms of violations of their rights. the company’s name. He was The Consortium research team verified consequently demoted to a 22 incidents where LGBT persons were lower level and warned against outed in the media. Of importance to involving himself with such note, many LGBT persons were beaten evil acts or else he would be up, harassed or evicted after their 76 photographs were published in the terminated for misconduct. media. The instances that stand out 74 Case Number: 40/08/2014 75 Case Number: 42/03/2014 76 Case Number: 68/05/2014 73 Case Number: 73/04/2014 37 Analysis: Discussion of Findings of Human Rights Violations and Discriminatory Practices Based on Gender Identity and Sexual Orientation in Uganda in 2014

The 2014 violations impudence with which state and non- state actors violated the rights of the The year 2014 remains an important LGBT community in Uganda as their and memorable year in Uganda as far actions were backed up by a law. as the struggle for the promotion and protection of LGBT rights is concerned. It is a peculiar fact that even with all the As already mentioned, it is the year that increased violations including arrests, saw the passing of the infamous Anti- no one was arrested and charged Homosexuality Act and it was the same under that law, even when it was still in year in which the Act was annulled. force. This could have been explained Violations of LGBT rights documented by the fact that the concerned in 2014 will therefore forever have the authorities were more interested in a halo of that Act hanging over them. law prohibiting homosexuality being While one cannot authoritatively passed, than in the enforcement assert that these violations were of the law. It is true that most law solely a result of the Act, its effect on enforcement authorities including most of them cannot be negated. The police did not know the substantive passing of the Act was met with a hike content of the Act and all they knew in human rights violations especially was that homosexuality was finally arrests, evictions and the ‘newer’ banned in Uganda. The absence of a violation of suspending and closing case in which someone was charged down organisations working on LGBT under the Act does not point to a lack issues. The passing and subsequent of evidence of an impact of the AHA operationalising of the Act justified the on the Ugandan LGBT community.

38 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

As already discussed, the effects of not necessarily criminalise identity or the Act were more about legitimising orientation, the general public remains the violations meted out on LGBT at a loss of what to do with an LGBT people than practically changing the person. Police therefore arrests them legal realities of this marginalised with the basis of Section 145 of the community. Penal Code Act and detains them for long hours, charges them with non- It should be noted that while initially existent offences, outs them in the the increase in violations was because media among other violations. The of the newfound legal backing for arrests therefore are still the highest marginalising LGBT people, there in numbers because they provide the was also a noticeable increase in best way of dealing with homosexuals. violations immediately after the Act was annulled by the Constitutional Other violations like evictions and Court. This seemed to stem from the mob attacks also increased in 2014. frustration that the general population Very many LGBT persons were evicted felt after what seemed to be a defeat either from their homes by their at the hands of the LGBT persons and families or from their rented premises. activists. They therefore resorted to These cases also included cases of more violations as a way of retaliating. family rejection and banishment from villages. The increase in these types of Of all the documented violations, violations can be largely attributed to criminal arrests and associated the passing of the Anti-Homosexuality violations rank highest in number. This Act. The Act as a bill had provisions is attributable to the fact that same sex criminalising concealment of the sexual acts are still criminalised under offence of homosexuality. It would Uganda’s penal laws. Although this have been an offence for a person provision only expressly criminalises not to report a homosexual to the sexual acts, it is used as a premise relevant authorities. This provision to arrest and incarcerate LGBT was removed before the Bill became individuals. When arrested, they are an Act but that did not seem to sink charged with non-existent offences in with the public. The Act also had like sodomy and homosexuality and provisions on brothels which were are often subjected to long hours defined to include houses used for of detention. Few of these cases go homosexuality. Owners of premises felt to court because it seems that the that evicting LGBT persons from their reason these people get arrested is not premises was a way of steering clear of to prosecute them as required by the crime. These perceptions extended to criminal justice system but rather to employment areas where a number of make the arrest serve as a punishment. LGBT persons lost their jobs. It should be noted that in most of the homosexuality cases, there is no victim 2014 also saw the first documented or complainant. And since the law does cases involving the suspension or

39 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 closure of organisations working The current situation on issues of LGBT persons. These were wholly as a result of the Anti- Currently, the issue of homosexuality Homosexuality Act and its provisions is no longer in the spotlight and this on ‘promotion of homosexuality’. The takes away a lot of pressure from Refugee Law Project and the Walter LGBT persons. Although a draft of a Reed Project, both of Makerere proposed bill was leaked to the public University were affected by this as the new law that will replace the provision. The Refugee Law Project now defunct Anti-Homosexuality Act, was suspended by the government, as no one has come out to own the bill. It already discussed, on allegations that therefore still remains a rumor that is they were promoting homosexuality yet to culminate into anything tangible. in refugee camps. The Walter Reed However despite the legislative and Project was closed down on allegations media silence in the country, the lived that they were recruiting youths into realities of LGBT persons in Uganda homosexuality. These are perhaps still remains the same. Their rights the only violations that can be directly still get violated on a daily basis. attributed to the passing of the Anti- Arrests still continue, evictions are Homosexuality Act. ongoing, and many LGBT persons are getting blackmailed and threatened LGBT persons in Uganda face with impunity. As discussed, the Anti- violations of their human rights on a Homosexuality Act did not cause daily basis and the year 2014 was not violations, it merely emboldened and any different. It can therefore not be justified them. With its annulment, the said that the documented violations violations continue albeit not in the were as a result of the Act’s passing spotlight. or its nullification. It is however very important to note that the Act, which Many LGBT persons have also fled the was very publicized and undoubtedly country in search of asylum in countries popular among Ugandans, had a abroad. This trek accelerated in 2014 profound effect on the violations of as a result of the passing of the Anti- 2014 as it emboldened the general Homosexuality Act and its subsequent population and justified these annulment, which increased tensions violations. But even with its demise, in the country. The leaking of the the violations still continue. proposed Prohibition of the Promotion of Unnatural Sexual Practices Bill 2014 also increased the insecurities among the LGBT community members and greatly influences the large numbers of Ugandan LGBT individuals seeking asylum.

40 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

Although there are no systematic Different government and law studies quantifying the levels of LGBT enforcement agencies have interpreted activism, it is readily apparent that Section 145 to include any activity 2014 saw increased LGBT activism, done in service of the LGBT community. particularly with the specter of the The first such decision was in the case AHA hanging over the community. It of Frank Mugisha & Others v AG &Fr. was also evident that more people Simon Lokodo. The case challenged are coming out and more are joining the actions of the Ethics and Integrity activism as a result of putting the issue minister when he dispersed a workshop of homosexuality out for debate. More that had been organized by different organisations are being formed and activists to discuss LGBT issues. The activism is becoming more specialised. High Court in Uganda held that the Members of the different groups of actions of the minister were justified as the LGBT community are starting to having such a workshop amounted to form themselves into specific groups a criminal offence. The rationale was to handle their specific issues. More that discussing LGBT issues amounted debate on the issue seems to have to inciting the offence provided for in highlighted the different and unique Section 145 of the Penal Code Act. needs of each group. The transgender The decision has been appealed in community is especially becoming the Court of Appeal and the appeal more aware of its unique needs and has been fixed for conferencing on the taking them up. 27th of July 2015 when the hearing date will be communicated. With such The legal framework a precedent in Uganda’s legal system, the work of activists and different After the annulment of the Anti- civil society organisations remains at Homosexuality Act, 2014, Uganda’s risk. The decision is substantially the legal framework falls back to where same as the offence of ‘promotion of it was before the AHA. The only legal homosexuality.’ provisions with specific mention of homosexuality are Article 31(2) Basing on the same rationale of (a) of the Constitution that prohibits inciting the offence in Section 145 marriages of the same sex and Section of the Penal Code Act, the Uganda 145 of the Penal Code Act which Registration Bureau officially rejected criminalises carnal knowledge against the reservation of name of an LGBT the order of nature. These provisions organization whose objectives are to criminalise specific acts and on the engage in advocacy on LGBT issues and face of it, they do not criminalise offer other such services on the 16th of identity or orientation. Neither do they February 2015. In the letter written by criminalise engaging in activities like the registry, it was argued that because advocacy or service provision to LGBT homosexuality is criminalized under persons. This is however not the case Section 145, engaging in any activities in reality. that in any way support LGBT persons

41 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 amounts to a crime. While these are the rights of LGBT persons cannot be not written laws, they are precedents violated merely because the persons set by authoritative bodies and they identify as LGBT. These are very are binding unless they are challenged important precedents as they provide and overturned. protection to LGBT persons. They are court decisions and are therefore There are precedents made by binding. the High Court regarding rights of LGBT persons, which have not been So far no case had been successfully overturned, and therefore still stand. prosecuted on Section 145 of the Penal These were decisions made in the Code Act as all the cases that have case of Kasha Nabagesera & Others gone to court have been dismissed for v The Rollingstone and Giles Muhame, want of prosecution. There remains no and the case of Victor Mukasa & Anor v precedent on the section. AG. In these cases, the court held that

42 General Recommendations

To the Uganda Police Force directed to increasing police salaries and improving police Even though there is a progressive conditions in order to reduce noticeable change in the Police’s incentives to arrest people for response to violations committed the purpose of extortion. against LGBT persons, some officers in the police regularly violate human »» The Directorate of Human Rights rights of persons based on their and Legal Services should gender identity and sexual orientation. make robust use of its mandate The 17th Uganda Human Rights to guide Police disciplinary Commission Report also ranked the processes to further the Uganda Police Force as the leading investigation and prosecution of violator of human rights. Therefore, the police officers guilty of corruption Uganda Police Force should: as well as acts of violence and discrimination against civilians, »» Investigate all credible specifically including members allegations of physical or verbal of sexual minority groups. abuse against individuals on the basis of gender identity »» The Directorate should Train or expression and sexual officers on human rights and orientation violence based on sexual orientation and gender identity »» Train Officers on human rights or expression in order to reduce and violence based on sexual unnecessary arrests, detentions orientation and gender identity and other violations of the rights or expression in order to reduce of LGBT persons. unnecessary arrests, detentions and other violations of the rights »» Establish separate areas for of LGBT persons the detention of transgender people to avoid the violence that »» The Inspector General of Police occurs to them as a result of should strengthen mechanisms being detained with people of a to fight bribery and extortion different gender. by the police, including by: strengthening and further To Members of Parliament supporting the role of the Professional Standards Unit Parliament is the pillar of law making and lobby for increased funding in the country. Members of parliament

43 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015 represent all of the people in Uganda, »» Use the Parliamentary including LGBT persons. They have the Committee on Human Rights to mandate and duty to protect everyone engage with LGBT persons and in the community and ensure their organisations regarding laws wellbeing. Therefore, Parliament that may have an adverse impact should: on LGBT persons.

»» Enact laws that are non- To the Uganda Human Rights discriminatory based on Commission (UHRC) universal principles of human rights for everyone. They should The Uganda Human Rights Commission encourage inclusion and is constitutionally mandated to affirmative action for groups promote and protect human rights marginalized. in the country. It thus has powers to investigate and address cases of »» Amend Uganda’s Constitution to violations. In addition to its comments include a specific prohibition of on the AHA, the UHRC should: discrimination based on sexual orientation, gender identity, and »» Investigate and document reports sex determination. of violence and abuse against individuals based on sexual »» Condemn attacks or incitement orientation, sex determination, to violence against individuals and gender identity or or groups on the basis of sexual expression, and include such orientation and gender identity violations in annual reports to or expression. Parliament, accompanied by recommendations for policy »» Call upon the Uganda Human changes; Rights Commission to monitor violations affecting »» Work with civil society LGBT Ugandans. Every year, organisations to monitor, the Uganda Human Rights document, expose, and Commission presents a report address incitement to violence, on the situation of human homophobia, violence, and rights in Uganda to Parliament, abuse on the basis of sexual Parliament through the Speaker orientation, sex determination, should use this opportunity and gender identity or to urge the Commission to expression and to popularize investigate and report on the commission among LGBTI violations of rights of LGBT persons; people.

44 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

»» Advise parliament on laws and To the Ministry Of Health bills that may increase stigma and discrimination against LGBT The Ministry of Health has the mandate persons; to ensure access to health services. As such the Ministry of Health should: To the Uganda Law Reform Commission (ULRC) »» The Department of Community Health should institute training The Uganda Law Reform Commission is for healthcare service providers established by the Constitution under on sexual orientation and gender article 248. It has the Constitutional identity. duty to suggest areas of law reform, and it is now in the process of reviewing the »» The Clinical Services Department Penal Code Act. This is the right time should issue proper guidelines to end legal discrimination of people for providing medical care to all based on their sexual orientation or people without discrimination gender identity. The ULRC should: even on the basis of sexual orientation or gender identity. »» Issue formal recommendations to Parliament that the Penal To the International Community Code sections that explicitly discriminate on the basis of »» Call on the government of sexual orientation or gender Uganda to improve and expand identity be repealed, including rights for LGBT individuals; Section 145 on carnal knowledge against the order of nature; »» Use quiet diplomacy to sensitise Ugandan leaders on LGBT »» Provide guidance on Penal Code issues domestically and abroad sections including Section 160 and influence the adoption of (common nuisance), Section non discriminatory legislation 167 (idle and disorderly), against LGBT persons; and Section 168 (rogue and vagabond) to ensure that they »» Support initiatives aimed at are not used by the police and creating public awareness- private parties to harass people on sexuality, sexual and based on their sex determination, health rights, and violence sexual orientation, and/or and discrimination and those gender identity. Such guidance aimed at influencing policy that should be in the form of written ensures service provision to guidelines that are circulated to LGBT persons in Uganda. all police posts in Uganda.

45 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

To National Human Rights Ugandans; Organisations and LGBTI organisations »» Create partnerships with other organisations to monitor and »» Build capacity of staff in document abuses of LGBT rights. documentation of violations based on gender identity and To the Media sexual orientation; The media plays an important role of »» Support public education and informing society and has power, which awareness-creation programs must be used responsibly. Members of on sexuality, sexual and health the media should: rights, and violence and discrimination by targeting law »» Treat all people with respect and enforcement agencies, health dignity, regardless of gender services, and educational identity, or sexual orientation; institutions; »» Learn about, monitor, and report »» Support the Uganda Human on abuses of human rights and Rights Commission’s mandate dignity that LGBT Ugandans face; to monitor and document reports of violence, abuse, and »» Protect the privacy of LGBT discrimination based on sexual individuals who may be orientation and gender identity threatened, assaulted, or even or expression; killed as a result of being “outed” by the media. »» Strengthen reporting systems, evidence collection and data »» Establish separate areas for storage to facilitate easy the detention of transgender verification of violations against people to avoid the violence that people based on their sexual occurs to them as a result of orientation and gender identity being detained with people of a or expression; different gender; »» Create information sharing » systems so that reports » Protect all prisoners including of violations can be used LGBT prisoners from violence simultaneously by multiple perpetrated by fellow prisoners parties; or prison warders.

»» Hold awareness sessions with staff members to sensitize them on issues affecting LGBT

46 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

To the International Community »» Support the Uganda Human Rights Commission’s mandate »» Call on the government of to monitor and document Uganda to improve and expand reports of violence, abuse, and rights for LGBT individuals; discrimination based on sexual orientation and gender identity »» Use quiet diplomacy to sensitise or expression; Ugandan leaders on LGBT issues domestically and abroad »» Strengthen reporting systems, and influence the adoption of evidence collection and data non discriminatory legislation storage to facilitate easy against LGBT persons; verification of violations against people based on their sexual To Donors orientation and gender identity or expression; »» Support initiatives aimed at creating public awareness- »» Create information sharing on sexuality, sexual and systems so that reports health rights, and violence of violations can be used and discrimination and those simultaneously by multiple aimed at influencing policy that parties; ensures service provision to LGBT persons in Uganda. »» Hold awareness sessions with staff members to sensitize To National Human Rights them on issues affecting LGBT Organisations Ugandans;

»» Build capacity of staff in »» Create partnerships with other documentation of violations organisations to monitor and based on gender identity and document abuses of LGBT rights. sexual orientation; To the Media »» Support public education and awareness-creation programs The media plays an important role of on sexuality, sexual and health informing society and has power, which rights, and violence and must be used responsibly. Members of discrimination by targeting law the media should: enforcement agencies, health services, and educational »» Treat all people with respect and institutions; dignity, regardless of gender

47 UGANDA REPORT OF VIOLATIONS BASED ON GENDER IDENTITY AND SEXUAL ORIENTATION, 2015

identity, or sexual orientation; observe the rights of all people without discrimination. The person of the »» Learn about, monitor, and report President commands respect among on abuses of human rights and the citizens and has a high capacity to dignity that LGBT Ugandans face; influence the attitudes and perceptions of the public to tackle homophobia. The President should: »» Protect the privacy of LGBT individuals who may be »» Veto legislation that is threatened, assaulted, or even discriminatory on the basis of killed as a result of being “outed” sexual orientation or gender by the media. identity and call upon the police and all intelligence agencies to To the President of the Republic of investigate violations and abuse Uganda of the rights of persons based on their gender identity and sexual The president has a constitutional orientation. mandate to assent to or reject laws passed by Parliament. The office of »» Ensure that issues of non the president is therefore key to the discrimination are prioritised law-making process and to ensuring within the Cabinet and the that the laws enacted respect and executive generally.

48

The Consortium on Monitoring Violations Based on Sex Determination, Gender Identity and Sexual Orientation

C/O: Human Rights Awareness and Promotion Forum (HRAPF)

Plot 390, Professor Apolo Nsibambi Road, (20 meters off Balintuma Road, Namirembe) P. O. Box 25603, Kampala - Uganda. Tel: +256-414-530683 or +256-312-530683 Email: [email protected] | Website: www.hrapf.org