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[Name] [Firm] [Address] [Phone Number] [Fax Number] United States Department of Justice Executive Office for Immigration Review [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBT INDIVIDUALS IN UGANDA TAB SUMMARY GOVERNMENTAL SOURCES 1. (Excerpt) Penal Code Act 1950 c. 120, §§ 145-146 (Uganda), available at: https://ulii.org/ug/legislation/consolidated-act/120 • “145. Unnatural offences. Any person who— (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life.” (p. 69) • “146. Attempt to commit unnatural offences. TAB SUMMARY Any person who attempts to commit any of the offences specified in section 145 commits a felony and is liable to imprisonment for seven years.” (p. 69) 2. Bureau of Democracy, Human Rights, and Labor, U.S Dep’t of State, Uganda 2019 Human Rights Report (Mar. 11, 2020), available at: https://www.state.gov/wp- content/uploads/2020/02/UGANDA-2019-HUMAN-RIGHTS-REPORT.pdf • “Significant human rights issues included . significant acts of corruption; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons (LGBTI); and the existence of laws criminalizing consensual same-sex sexual conduct between adults.” (p. 1) • “LGBTI persons faced discrimination, legal restrictions, harassment, violence, and intimidation. Authorities perpetrated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists.” (p. 31) • “Consensual same-sex sexual conduct is illegal according to a colonial-era law that criminalizes ‘carnal knowledge of any person against the order of nature’ and provides for a penalty of up to life imprisonment.” (p. 30) • “On October 23, the [Uganda Police Force] subjected 16 homosexual and transgender people to forced medical examinations in an effort to ‘gather evidence’ to support criminal charges against them for having participated in activities ‘against the order of nature.’” (p. 31) • “Local civil society organizations reported that public and private health-care services turned away LGBTI persons who sought medication and some led community members to beat LGBTI persons who sought health care. Local civil society organizations reported that some LGBTI persons needed to pay bribes to public health-care providers before they received treatment.” (p. 31) • “[The law] did not prohibit discrimination based on sexual orientation or gender identity and LGBTI persons faced social and legal discrimination.” (p. 35) 3. UK VISAS AND IMMIGRATION, HOME OFFICE, COUNTRY POLICY AND INFORMATION NOTE: UGANDA: SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION (Apr. 2019), available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/792036/CPIN_Uganda_SOGIE_EXT_April_2019.pdf • “Some LGBTI persons have been rejected by their families. Some have also experienced physical and sexual attacks, including ‘corrective rape…’” (p. 8-9) • “There have been human rights violations against LGBTI persons including acts by the police and other state agencies. LGBTI persons who have been arrested and/or detained reported being subjected to ill-treatment, including humiliation, physical and sexual assault and being subjected to forced anal examinations.” (p. 8) • “A person who is open about their sexual orientation and/or gender identity and expression may face harassment and discrimination from the state and is likely to experience societal discrimination, including harassment and violence. The accumulation TAB SUMMARY of such treatment by state and non-state actors is likely to be sufficiently serious by its nature and repetition to amount to persecution or serious harm.” (p. 9) • “LGBTI persons suffer discrimination in accessing services such as healthcare, including access to HIV / AIDS treatment and services, and a LGBTI advocacy group had a health event closed by police on government orders. There have been reports of healthcare workers calling state actors to arrest LGBTI persons when they attended clinics for assistance.” (p. 8) • “The UN Committee on Economic, Social and Cultural Rights expressed its concern in August 2016 that ‘… lesbian, gay, bisexual, transgender and intersex persons [were] being denied access to health care and, in particular, same-sex partners facing serious difficulties in accessing HIV/AIDS-related prevention and treatment.” (p. 23) • “Ugandan lebsians, gays, bisexuals and intersex persons face exceptionally high levels of HIV infection because Ugandan society and institutions frequently deny them their economic, social, and cultural rights and exclude them from access to public health care, treatment and support.” (p. 24) • “The increased HIV prevalence among members of Uganda’s LGBTI community has to be placed into context: Uganda is consistently pursuing aggressive, dangerous and discriminatory HIV/AIDS laws against LGBTI people. Those include the recent HIV/AIDS Prevention and Control Act of 2015, which requires disclosure of HIV status and declares the spread of HIV infection a crime, and the Non-Governmental Organizations Act of 2015, which limits civil society organizations’ work in reaching out with health services for criminalized groups.” (p. 24) 4. Bureau of Democracy, Human Rights, and Labor, U.S Dep’t of State, Uganda 2018 Human Rights Report (Mar. 13, 2019), available at: https://www.state.gov/wp- content/uploads/2019/03/Uganda-2018.pdf • “Human rights issues included criminalization of same-sex consensual sexual conduct; and security force harassment and detention of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The government was reluctant to investigate, prosecute, or punish officials who committed human rights violations, whether in the security services or elsewhere in government, and impunity was a problem.” (p. 1) • “LGBTI persons faced discrimination, legal restrictions, societal harassment, violence, and intimidation. Authorities perpetrated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists.” (p. 29) • “Consensual same-sex sexual conduct is illegal according to a colonial-era law that criminalized ‘carnal knowledge of any person against the order of nature’ and provided for a penalty of up to life imprisonment.” (p. 29) • “Local [civil society organizations (CSOs)] reported that public and private health-care services turned away LGBTI persons who sought medication and some led community members to beat LGBTI persons who sought heath care. Local CSOs reported that some LGBTI persons needed to pay bribes to public health-care providers before they received treatment. According to local media, during the year authorities canceled a conference organized by local LGBTI activists to advocate for equal access to health-care services for LGBTI persons living with HIV.” (p. 29-30) TAB SUMMARY • “Local CSOs also reported that realtors denied housing to and evicted LGBTI persons and LGBTI organizations.” (p. 30) • “Authorities denied LGBTI-related organizations official status due to discriminatory laws preventing their registration.” (p. 20) • “[The law] did not prohibit discrimination on the basis of sexual orientations or gender identity and LGBTI persons faced social and legal discrimination.” (p. 33) 5. Bureau of Democracy, Human Rights, and Labor, U.S Dep’t of State, Uganda 2017 Human Rights Report (Apr. 20, 2018), available at: https://www.state.gov/wp- content/uploads/2019/01/Uganda.pdf • “The HRAPF1 reported numerous incidents of societal and government-led harassment and violence against LGBTI persons. Between February and April, the HRAPF reported 11 cases in which attackers physically assaulted persons because of suspicions they were LGBTI individuals. In one case a mob doused a suspected LGBTI person with gasoline and set him on fire before police rescued him. The HRAPF also reported 14 cases of police arresting persons on suspicion of being LGBTI. In five of these cases, police officers conducted forced anal examinations on the detainees.” (p. 35) • “The most significant human rights issues included . criminalization of same-sex consensual sexual conduct, including security force harassment and detention of lesbian, gay, bisexual, transgender, and intersex persons. The government was reluctant to investigate, prosecute, or punish officials who committed human rights violations, whether in the security services or elsewhere in government, and impunity was a problem.” (p. 1) • “LGBTI persons faced discrimination, legal restrictions, societal harassment, violence, and intimidation.” (p. 35) • “Consensual same-sex sexual conduct is illegal according to a colonial-era law that criminalized ‘carnal knowledge of any person against the order of nature’ and provided for a penalty of up to life imprisonment.” (p. 35) • “There were reports, however, that police officers at the asylum registration office in Kampala turned away two lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals who sought asylum due to discrimination in their home countries (Kenya and Afghanistan), in violation of the country’s asylum policy.”
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