Introduction
Uganda inherited its hostility to homosexuality from British Colonial law. As a result Uganda is now one of the many former colonies that perpetuate harm against Trans persons (particularly women) by criminalizing gender non-conforming persons and persons who engage in sex work (one of few viable options for Trans persons to earn wages in Uganda), as well as their allies. Uganda’s policy has caused an increase in gender based violence which has disrupted utilization and access to basic sexual health services including HIV prevention programs.
Ugandan Trans Rights activist, Beyonce Karungi, has organized on the ground in Uganda for over 15 years. This article is written by Beyonce Karungi, Toyin Gayle-Sutherland, and Zee Xaymaca. The report is informed by Beyonce’s experience and reports from Trans women who reside and work in Uganda. Hope and resilience are key, however Trans women, many of whom identify as sex workers, have had to get creative about meeting their needs under a hostile regime.
The Problem
This Act criminalizes same sex conduct of any kind with the potential of prison time, fines, and, for repeat offences, the death penalty.
On May 29, 2023, Ugandan President Yoweri Museveni signed into effect the Anti-Homosexuality Act. This Act criminalizes same sex conduct of any kind with the potential of prison time, fines, and, for repeat offences, the death penalty. The law stipulates that consent is irrelevant to prosecution and that persons who knowingly let their premises be used by others “for the purposes of homosexuality” commit an offence. It also levies harsh penalties for witnessing or presiding over a same sex wedding ceremony, advocating for recognition of LGBTQ+ rights or for rendering services or assistance to LGBTQ+ persons.
This law departs from international standards for human rights in its onslaught against personal autonomy and the right to free association. Trans persons in Uganda now face barriers to accessing public transportation, gathering in community and earning wages, due to legal threats against one’s person. Crucially, individuals are not able to access health care services such as HIV testing, HIV treatments, Tuberculosis treatments and other vital public health interventions. This has led to a reported rise in communicable diseases within vulnerable communities.
Targeting those who help the Trans community means that organizations in Uganda that operated as safe providers are now forced to turn their backs on Trans persons for fear of long prison sentences and hefty fines.
Despite great care taken in gender nonconforming sex worker communities, Individuals also face an increase in arrests, discrimination and police abuse, extortion, loss of employment and eviction from landlords because of their perceived sexual orientation since allyship is legally prohibited. Targeting those who help the Trans community means that organizations in Uganda that operated as safe providers are now forced to turn their backs on Trans persons for fear of long prison sentences and hefty fines. The Ugandan government has broken its commitments to many International human rights agreements including The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights.
Uganda is a tough place to be an advocate. In addition to the Anti-Homosexuality Act, the government has restricted internet access and censored local media in an attempt to prevent uprisings. This measure means that advocates have a hard time keeping in touch with their communities and their allies outside Uganda.
Assessing Solutions
The ease with which this Act came to pass is indicative of a deep seated hostility toward LGBTQ+ persons’ rights to freedom of expression, privacy, and non-discrimination. The Ugandan government has refused to honor its obligation to protect all citizens from civil and human rights violations. However, there is little in the way of direct legislative action that can remedy the situation. The way the anti-homosexuality law is written means that any advocacy for LGBTQ+ rights is now illegal under the “promoting homosexuality” statutes.
We are left with a sticky situation where those who need aid, and have been barred from accessing it due to their gender or sexual orientation will, regardless of sanctions, not have access to necessities. Meanwhile, many who need aid will face new barriers as a result of the sanctions.
Several large non-governmental organizations have cut financial aid to Uganda. The intent is often that the government will feel pressure from a disgruntled public in meeting its mandates and therefore change course. However, the Ugandan president has been adamant that he will not be swayed. We are left with a sticky situation where those who need aid, and have been barred from accessing it due to their gender or sexual orientation will, regardless of sanctions, not have access to necessities. Meanwhile, many who need aid will face new barriers as a result of the sanctions. There is admittedly little to be done individually in the way of direct action and the donor approach of cutting off funding, while understandable, is not without its harms. Beyonce encourages allies around the world to keep this atrocity in the headlines and sustain the outcry that has sprung up around it. Protesting, social media posts, and of course donations to organizations with ties to grassroots organizations are tools of solidarity with our Ugandan siblings.
The Best Practices Policy Project is working with Beyonce Karungi to keep informed on the backlash against LGBTQ+ and Trans sex worker communities in various parts of Uganda. As circumstances deteriorate, we try to support grassroots organizations with resources that can help mitigate healthcare access issues, i.e. money for private transportation or higher service fees for Trans persons. It is our responsibility as onlookers to stand in solidarity with Ugandan LGBTQ+ persons, not just in the acute phase of these moments of persecution but over time as our siblings on the ground recreate their normalcy and mount their resistance. Donate to BPPP’s Uganda support fundraiser at https://secure.actblue.com/donate/uganda.
Further reading
World Bank halts Loans to Uganda
Jerving S. Uganda’s “anti-homosexuality” bill already affecting care. Lancet. 2023 Apr 22;401(10385):1327-1328. doi: 10.1016/S0140-6736(23)00814-0. PMID: 37088085. https://pubmed.ncbi.nlm.nih.gov/37088085/
Full text of the Anti Homosexuality act https://www.parliament.go.ug/sites/default/files/The%20Anti-Homosexuality%20Act%2C%202023.pdf