Tag: Uganda

An update on Uganda

August 16th, 2024 · · Policy Updates, Uncategorized No comments - Tags: , ,

In our last post about the Ugandan Anti-Homosexuality Act, we talked about the implications of the draconian law that prescribed death for gay Ugandans and imprisonment for their allies. A year later, the act was upheld by Uganda’s highest court which admits that some provisions violate the right to health and privacy. Effects on the Ugandan LGBTQ+ population have been immediate and devastating. Trans women living in Uganda report inability to access basic healthcare as services like transportation or access to a medical provider are no longer guaranteed. Trans sex workers are targeted to the point of being unable to work.  Organizations serving queer Ugandans have been forced to shutter under the pressures of state and local harassment and queer individuals are being outed in the media under accusations of promoting homosexuality and spreading HIV. Incidentally, the Anti-Homosexuality Act makes a provision for the death penalty in the case of aggravated homosexuality which prohibits intercourse with persons of the same sex when one is living with HIV. The criminalization of HIV has been Ugandan policy since at least 2014  and has been proven detrimental to public health and individual wellbeing. The targeted criminalization of queer and Trans persons with HIV will have ripple effects throughout Ugandan society. 

Ugandan Queer and Trans sex workers face insurmountable barriers to work and survival. Public transportation is no longer an option for many as the law has increased the levels of hostility they face daily. As a result, Queer and Trans Ugandans are going without medical and support services usually provided by NGOs. This reality is exacerbated by the closure of NGO run support resources due to the risk of prosecution for being allied with the LGBTQ+ community. 

We are calling on our allies. Do not turn away from the atrocities against Trans Ugandans. The assault on queer and Trans rights means that these communities are unable to meet their needs through work and are unable to access NGO support. The Best Practices Policy Project implores all allies to familiarize ourselves with the ongoing crisis for queer and Trans Ugandans. Call on your elected leaders to speak out and donate to organizations that are able to support queer and Trans persons on the ground. 

Queer and Trans Ugandans combat state violence in the Anti-Homosexuality Act.

September 29th, 2023 · · Articles No comments - Tags: , , ,

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