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Addressing LGBT Rights in Uganda

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Addressing LGBT Rights in Uganda HRBA AND THE RIGHTS OF LGBT PERSONS IN UGANDA Revised 2011-01-30 NIDS/MSC, RFSL and Annika Nilsson This brief aims at providing Sida country teams with brief information on the situation of LGBT persons in Uganda as well as concrete advice on how LGBT issues can be included in dialogue and programming. This follows the Swedish policy on sexual rights, the Swedish Gender Policy and the 3-year Action Plan on LGBT rights for 2007-2009. The brief covers legislative provisions, UN recommendations, on-going initiatives and important stakeholders. General Context Legislation Currently, section 140 of the Ugandan penal code criminalizes carnal knowledge against the order of nature, with a maximum sentence of life imprisonment. Section 141 punishes attempts at carnal knowledge with a maximum of seven years imprisonment. Section 143 punishes acts of gross indecency with up to five years in prison. While the penal code is commonly interpreted as referring to anal sex, lesbians and transgender persons face the same hostility from both state and non-state actors. Arrests, house/office raids and blackmailing of LGBT persons are common. On July 5, 2005, by a vote of 111 to 17 with three abstentions, the Ugandan parliament approved a proposed constitutional amendment stating that ‘marriage is lawful only if entered into between a man and a woman,’ and that ‘it is unlawful for same-sex couples to marry. A parliamentary spokesman said that specific criminal penalties will be enacted later when the Ugandan penal code is revised. This has led to the proposed Anti Homosexuality Bill, in October 2009, which would make it tougher to advocate for LGBT rights and further abuse and discriminate the already marginalised group. The proposed legislation would also criminalise the "promotion of homosexuality." Moreover, LGBT Ugandans, their defenders and anyone else who fails to report them to the authorities whether they are inside or outside Uganda, would be punished. The new bill would specifically penalise homosexuality, using life imprisonment to punish anything from sexual stimulation to simply "touch[ing] another person with the intention of committing the act of homosexuality." It also punishes "aggravated homosexuality" including activity by "serial offenders" or those who are HIV positive with the death penalty. The genesis of the Anti Homosexuality Bill was the organized campaign by a number of conservative organizations and opinion leaders, which took place in March 2009 hosted by the Family Life Network (FLN).1 As a result, aggressive homophobia has once again taken centre stage in the Ugandan national discourse. Following the aforementioned anti-gay conference hosted by FLN in March 2009, public discourse against homosexuality is high, with anti-gay marches occurring not only in Kampala, but in towns in the rural areas as well. As of January 2011, the Bill has not yet been passed and numerous efforts are made in Uganda, and with allies in other countries, to advocate against the passing of the Bill. The Swedish Minister for International Development Cooperation, Gunilla Carlsson, has spoken out against the bill and said that the Swedish Government may cut aid to Uganda should the bill pass. 1 http://www.familylife.ug/ In a statement in January 2010 the UN High Commissioner for Human Rights urged the Government to shelve the Anti-Homosexuality bill, since it stood in direct collision with established international human rights standards. Also the UN Special Rapporteur on health warned that the bill would undermine efforts to achieve universal access to HIV prevention, treatment, care and support.2 To read more about comments from the UN, click here. General Attitude Homophobia is widespread in Uganda. It is fuelled by religious leaders from the Christian community, who are preaching in public rallies, using strong “hate speech” language against homosexual acts and LGBT persons. The religious networks have strong international connections, particularly with the Christian conservative movement in the USA. Also the president and several ministers have spoken out in public, strongly condemning homosexuality. While local television stations and printed media have “outed” dozens of people reported to be homosexual, the same media has been reluctant to communicate voices from the LGBT community. Following the Minister of Ethics public statements on the anti-gay bill, the LGBT movement under SMUG drew a press statement in protest of this move by the government. All major print houses declined to publish the statement, citing fear of state injunctions on their businesses. In this regard, the local media has played a major role in promoting state- orchestrated hostility among the public through the air waves and print publications, and refused to air the voices of the LGBT community. In January 2011, the most prominent LGBT activist David Kato was murdered outside his home3. LGBT organizing Several Ugandan LGBT organisations have emerged under the umbrella organisation Sexual Minorities Uganda (SMUG)4, to intensify underground organising to avert the discriminatory anti- gay bill, as well as the existing penal code on homosexuality. The LGBT movement, thus, has achieved visibility, which hasn’t stopped the oppressors from further violating and abusing members of SMUG. Instead, tougher laws were put in place and more are being proposed. Given the criminal status of homosexual acts in Uganda, LGBT organising has been challenging, but LGBT organizations do exist and are very active. It has been hard for LGBT people to “come out” and to participate actively in the LGBT movement, owing to the continued public threatening and hostile messages from both the state and the general public. For those who have taken a bold stand to publicly identify as LGBT, there have been several arrests and incidents of torture, 2 such incidents from 2008 were reported by the UN Special Rapporteur on the situation of human rights defenders. In 2009, IGLHCR reported on at least 4 arrests on charges related to the penalisation of homosexual acts.5 From time to time, when things get too unruly, some activists have left the country, for example to seek temporary refuge in Kenya. Sweden has also received some refugees. The Ugandan LGBT movement is not deterred by the seemingly insurmountable obstacles in engaging the general public on the magnitude of human rights violations embedded in the 2 For further details on these and other statements from UN representatives, see the HRBA Helpdesk: http://msc.st/ThemeLGBT.html#BF 3 http://www.bbc.co.uk/news/world-africa-12306077 4 www.sexualminoritiesuganda.org 5 http://iglhrc.wordpress.com/2009/06/05/on-going-arrests-in-uganda/ proposed Anti-Homosexuality Bill, and in Uganda’s penal code regarding homosexual acts. One of the strategies laid by the movement is to continue to strengthen its international partnerships to exert pressure on government in this regard. The Coalition of African Lesbians (CAL)6 issued a statement, calling upon the Government of Uganda, through the Minister of Ethics and Integrity, to reconsider their treatment of sexual minorities in Uganda. This formed a basis upon which strategic action by the movement has been planned. The strategic action includes four major measures: 1. Document communications with media houses and involve target organisations, such Human Rights Watch, Amnesty International etc. in making public statements in favour of the movement. 2. Write an analysis of all the upcoming bills and write a commentary about them in relation to the human rights violations that would be committed by the government if these pass as laws. 3. Increase personal and data security. 4. Work on solidarity building within the movement. HIV/Aids The lack of access to proper health care is one of the most outstanding challenges facing LGBT Ugandans. Human Rights Watch recognize in a statement on homophobia in Uganda from 2007 that “state homophobia and well-funded fanaticism are undermining Uganda’s efforts to combat the spread of HIV/AIDS”. Very little information is available on MSM and HIV, and Uganda has not reported on any of the criteria relevant to MSM in the UNGASS report.7A Kampala survey conducted in 2004, showed that 37% of the self-identified gay and bisexual men reported unprotected receptive anal sex in the last six months.8 Although no large-scale studies have been performed on MSM and HIV in Uganda, it is safe to assume that HIV rates are significantly higher among MSM, than among the general population. Studies in other countries in the region point to the fact that MSM are at least 3.8 times more likely to be infected than the general population. In May 2010, the so-called HIV/Aids Prevention and Control Act, was introduced. The bill followed months of debate about provisions that mandate HIV testing, force disclosure of HIV status, and criminalise behaviour that might result in transmission among those who know they are HIV positive.9 LGBT in the Sida Country Strategy The overall objective of Swedish development cooperation with Uganda 2009-13 is increased respect for and enjoyment of human rights and democratic principles. The strategy specifically states that particular attention and support shall be devoted to promoting and enhancing full enjoyment of human rights by homosexual, bisexual and transgender persons. Criminalisation and marginalization of LGBT persons have negative consequences within all sectors that Sida prioritises, some of which are listed below. It is thus suitable that discrimination of LGBT persons 6 www.cal.org.za 7 http://www.msmgf.org/index.cfm/id/110/country_id/16 8 http://healthdev.net/site/post.php?s=7523 9 http://www.hrw.org/en/news/2010/05/13/uganda-protect-don-t-punish-people-hiv as a minority group is addressed and raised in dialogue and co-operation within those sectors. For more information and support, see the LGBT Dialogue Paper.10 Democratic governance, including peace and security Government accountability in terms of human rights commitments is a central aspect of democratic governance.
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