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Uganda’s nondiscrimination assurances won’t protect queer people from prosecution

Country’s president in May signed Anti-Homosexuality Act

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LGBTQ and intersex activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. (Washington Blade photos by Michael K. Lavers)

By NEELA GHOSHAL | Uganda’s Anti-Homosexuality Act (AHA), enacted on May 30 by President Yoweri Museveni, enshrines discrimination in Ugandan law. The AHA includes the death sentence for some consensual same-sex acts, prohibits organizations from “normalizing” sexual diversity through inclusive programming and requires everyone in Uganda, including health workers, to report people who might be lesbian, gay, bisexual, transgender or queer (LGBTQ) to the police.

Can Ugandan LGBTQ people still access medical care and other basic services?

The Ministry of Health would like donors to think so. In a June 5 circular, posted briefly online, shared with donors in PDF form, and then removed from the internet, the health ministry says its policy is to provide health services “to all people in Uganda in their diversity without any form of discrimination,” “not to discriminate or stigmatize any individual who seeks health care services, for any reason — gender, religion, tribe, economic status, social status or sexual orientation” and to uphold “confidentiality, privacy [and] patient safety as stipulated in the Patient’s Charter.”

Pleasing words, but the law trumps health policies, even if they were enacted in earnest. Uganda’s Patients’ Charter is clear: “Information concerning one’s health, including information regarding treatment, may only be disclosed with informed consent, except when required by law.” Because the law, the Anti-Homosexuality Act, 2023, states that anyone who has information that a person has committed or intends to commit an offense “shall report the matter to the police for appropriate action,” health providers are still required by law to turn in LGBTQ patients. There is no client-provider privilege enshrined in the AHA for health providers.

The circular from the Ministry of Health is part of a pattern of two-faced communications from the government of Uganda regarding what the law actually states and how it will be implemented. On June 7, during his State of the Nation address, President Yoweri Museveni reiterated the claims in the health circular: “Therefore, those who say that the homosexuals will be arrested if they go for medical care, etc., are wrong. The law now says that a homosexual will not be criminalized for merely being so if he/she keeps the being to oneself.” What does this really mean in practice? If no one in the world ever finds out you are LGBTQ, including your health provider, you might be able to safely access health care, as long as that health care does not address any specific needs related to your sexual orientation or gender identity.

Meanwhile, during its University Periodic Review (UPR) process at the U.N. Human Rights Council in June, when questioned about the Anti-Homosexuality Act and the human rights violations it prescribes, the Deputy Permanent Representative of Uganda to the U.N. Office in Geneva, Arthur Kafeero, claimed that the act was a response to “a widespread campaign to promote homosexuality amongst children in schools was discovered” and that “its methods and content too difficult and graphic to explain.” He added that the government had “simply expanded the coverage of the [current] law to protect children.”

These statements make clear that the government of Uganda is not an honest broker in its engagement with the international community around the Anti-Homosexuality Act. Ugandan parliament members’ intentions were clear and are reflected in the letter of the law. The Anti-Homosexuality Act is discriminatory on face value; worse, it seeks to erase the existence of queer Ugandans. 

We’ve been through this before. In July 2014, five months after the enactment of the previous Anti-Homosexuality Act, Uganda’s Ministry of Foreign Affairs issued a similar statement intended to appease donors. While not specific to health, it asserted that the AHA was “misinterpreted” by development partners, that it only intended to prevent the “open promotion of homosexuality, especially among children and vulnerable groups”; that “no activities of individuals, groups, companies or organizations” would be affected by the AHA; and that the government was committed to the provision of services to all in Uganda, without discrimination. 

I was part of a Human Rights Watch and Amnesty International team that investigated violence and discrimination in the wake of the Anti-Homosexuality Act. We found that  LGBTIQ people were facing arbitrary arrests, police abuse and extortion, loss of employment, evictions, homelessness, forced displacement, violence and denial of health services. The organization Sexual Minorities Uganda, which has now been forcibly shuttered by the government, wrote, at that time, “the full force of the State, particularly the legislative and executive branches of government, is being used to hunt down, expose, demean and suppress Uganda’s LGBTI people.” 

Similarly, the Ugandan non-governmental organization Human Rights Awareness and Promotion Forum, in the month following the law’s enactment on May 30, has already documented, through its direct engagement with LGBTQ individuals seeking legal aid, 23 cases involving violence or threats of violence affecting 23 individuals; 19 cases of evictions from rented property affecting 20 individuals; and four cases of arrests on sexuality-related cases, affecting seven persons. HRAPF’s report is a litany of suffering inflicted on queer Ugandans as a result of the AHA: Police are actively responding to complaints from members of the public and arresting LGBTQ people, and they are being beaten, threatened with rape and lynching and rendered homeless by their landlords, families and local council members. Health care, housing and employment are all in the balance, as illustrated by these three cases:

• June 10: Following the arrest of two gay men in his area, the client, who is a [key populations] coordinator at a government health facility, was threatened with violence by their colleagues at work and people in the community, who said he was responsible for the actions of the two who had been arrested because he was always the one supporting them and giving them treatment.

• June 12: The client was outed as a lesbian when a friend of her partner wrote letters threatening to beat her and pinned them at her door as well as delivering a copy to her workplace. She was immediately terminated from employment and forced to move after the neighbors started insulting and threatening her.

• June 14: A lesbian woman was attacked in her home and beaten by two men she did not know. This happened after she was warned to leave the village in May 2023 for her safety and was formally evicted by her landlord, but she had not yet left because she did not have the resources to afford the move. She suffered several cuts and bruises from the assault.

The true impact of the Anti-Homosexuality Act is clear. Development partners are only “misinterpreting” the Anti-Homosexuality Act if they take seriously the government’s assurances that the law will not be a vehicle for discrimination. Accessing health care, renting a room, and holding a job: these basic activities essential to life and livelihoods all carry the risk of being outed and facing imprisonment and death. There is no protection against this. Could anything be more discriminatory?

Neela Ghoshal (any pronouns) is Outright International’s Senior Director of Law, Policy and Research, based in Washington, D.C. Neela oversees Outright’s United Nations, Global Trans Rights, LBQ Connect, Queer Legal Futures, and Research programs, develops organizational priorities concerning legal and policy change, and ensures Outright’s work aligns with international human rights law. She is the author of Outright’s report on LGBTQ Lives in Conflict and Crisis and frequently speaks and writes about issues including repressive legislation, gender liberation, and peace, security and accountability for LGBTIQ people. Before joining Outright in 2021, Neela served as Associate LGBT Rights Director at Human Rights Watch, leading global initiatives on LGBTIQ rights and conducting research and advocacy on rights violations related to sexual orientation and gender identity around the world. She was also a researcher in the Africa Division at Human Rights Watch, based in Burundi and Kenya, where she covered political repression, police abuse, justice sector reform and transitional justice. Neela previously worked with the Network in Solidarity with the People of Guatemala, the Bronx Defenders, and the New York City public schools. Neela enjoys gardening, debating local and global politics and raising two feminist kids. Neela holds a bachelor’s degree in social justice studies from the University of Michigan and a master’s degree in international relations from Yale University.

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Commentary

Stand with displaced queer people living with HIV

Dec. 1 is World AIDS Day

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(Bigstock photo)

Today, on World AIDS Day, we honor the resilience, courage, and dignity of people living with HIV everywhere especially refugees, asylum seekers, and queer displaced communities across East Africa and the world.

For many, living with HIV is not just a health journey it is a journey of navigating stigma, borders, laws, discrimination, and survival.

Yet even in the face of displacement, uncertainty, and exclusion, queer people living with HIV continue to rise, thrive, advocate, and build community against all odds.

To every displaced person living with HIV:

• Your strength inspires us.

• Your story matters.

• You are worthy of safety, compassion, and the full right to health.

• You deserve a world where borders do not determine access to treatment, where identity does not determine dignity, and where your existence is celebrated not criminalized.

Let today be a reminder that:

• HIV is not a crime.

• Queer identity is not a crime.

• Seeking safety is not a crime.

• Stigma has no place in our communities.

• Access to treatment, care, and protection is a human right.

As we reflect, we must recommit ourselves to building systems that protect not punish displaced queer people living with HIV. We must amplify their voices, invest in inclusive healthcare, and fight the inequalities that fuel vulnerability.

Hope is stronger when we build it together.

Let’s continue to uplift, empower, and walk alongside those whose journeys are too often unheard.

Today we remember.

Today we stand together.

Today we renew hope.

Abraham Junior lives in the Gorom Refugee Settlement in South Sudan.

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Commentary

Perfection is a lie and vulnerability is the new strength

Rebuilding life and business after profound struggles

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(Photo by Orhan/Bigstock)

I grew up an overweight, gay Black boy in West Baltimore, so I know what it feels like not to fit into a world that was not really made for you. When I was 18, my mother passed from congestive heart failure, and fitness became a sanctuary for my mental health rather than just a place to build my body. That is the line I open most speeches with when people ask who I am and why I started SWEAT DC.

The truth is that little boy never really left me.

Even now, at 42 years old, standing 6 feet 3 inches and 225 pounds as a fitness business owner, I still carry the fears, judgments, and insecurities of that broken kid. Many of us do. We grow into new seasons of life, but the messages we absorbed when we were young linger and shape the stories we tell ourselves. My lack of confidence growing up pushed me to chase perfection as I aged. So, of course, I ended up in Washington, D.C., which I lovingly call the most perfection obsessed city in the world.

Chances are that if you are reading this, you feel some of that too.

D.C. is a place where your resume walks through the door before you do, where degrees, salaries, and the perfect body feel like unspoken expectations. In the age of social media, the pressure is even louder. We are all scrolling through each other’s highlight reels, comparing our behind the scenes to someone else’s curated moment. And I am not above it. I have posted the perfect photo with the inspirational “God did it again” caption when I am feeling great and then gone completely quiet when life feels heavy. I am guilty of loving being the strong friend while hating to admit that sometimes I am the friend who needs support.

We are all caught in a system that teaches us perfection or nothing at all. But what I know for sure now is this: Perfection is a lie and vulnerability is the new strength.

When I first stepped into leadership, trying to be the perfect CEO, I found Brené Brown’s book, “Daring Greatly” and immediately grabbed onto the idea that vulnerability is strength. I wanted to create a community at SWEAT where people felt safe enough to be real. Staff, members, partners, everyone. “Welcome Home” became our motto for a reason. Our mission is to create a world where everyone feels confident in their skin.

But in my effort to build that world for others, I forgot to build it for myself.

Since launching SWEAT as a pop up fundraiser in 2015, opening our first brick and mortar in 2017, surviving COVID, reemerging and scaling, and now preparing to open our fifth location in Shaw in February 2026, life has been full. Along the way, I went from having a tight trainer six pack to gaining nearly 50 pounds as a stressed out entrepreneur. I lost my father. I underwent hip replacement surgery. I left a relationship that looked fine on paper but was not right. I took on extra jobs to keep the business alive. I battled alcoholism. I faced depression and loneliness. There are more stories than I can fit in one piece.

But the hardest battle was the one in my head. I judged myself for not having the body I once had. I asked myself how I could lead a fitness company if I was not in perfect shape. I asked myself how I could be a gay man in this city and not look the way I used to.

Then came the healing.

A fraternity brother said to me on the phone, “G, you have to forgive yourself.” It stopped me in my tracks. I had never considered forgiving myself. I only knew how to push harder, chase more, and hide the cracks. When we hung up, I cried. That moment opened something in me. I realized I had not neglected my body. I had held my life and my business together the best way I knew how through unimaginable seasons.

I stopped shaming myself for not looking like my past. I started honoring the new ways I had proven I was strong.

So here is what I want to offer anyone who is in that dark space now. Give yourself the same grace you give everyone else. Love yourself through every phase, not just the shiny ones. Recognize growth even when growth simply means you are still here.

When I created SWEAT, I hoped to build a home where people felt worthy just as they are, mostly because I needed that home too. My mission now is to carry that message beyond our walls and into the city I love. To build a STRONGER DC.

Because strength is not perfection. Strength is learning to love an imperfect you.

With love and gratitude, Coach G.


Gerard Burley, also known as Coach G, is a D.C.-based fitness entrepreneur.

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Elusive safety: what new global data reveals about gender, violence, and erasure

Movements against gender equality, lack of human rights data contributing factors.

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Activists who participated in a 2024 Pride march in San Salvador, El Salvador, carry a banner that calls for a country where “being a woman is not a danger.” (Photo courtesy of Colectivo Alejandría)

“My identity could be revealed, people can say whatever they want [online] without consequences. [Hormone replacement therapy] is illegal here so I’m just waiting to find a way to get out of here.”

-Anonymous respondent to the 2024 F&M Global Barometers LGBTQI+ Perception Index from Iraq, self-identified as a transgender woman and lesbian

As the campaign for 16 Days Against Gender-Based Violence begins, it is a reminder that gender-based violence (GBV) — both on– and offline — not only impacts women and girls but everyone who has been harmed or abused because of their gender or perceived gender. New research from the Franklin & Marshall (F&M) Global Barometers and its report A Growing Backlash: Quantifying the Experiences of LGBTQI+ People, 2022-2024 starkly show trends of declining safety among LGBTQI+ persons around the world.

This erosion of safety is accelerated by movements against gender equality and the disappearance of credible human rights data and reporting. The fight against GBV means understanding all people’s lived realities, including those of LGBTQI+ people, alongside the rights we continue to fight for.

We partnered together while at USAID and Franklin & Marshall College to expand the research and evidence base to better understand GBV against LGBTQI+ persons through the F&M Global Barometers. The collection of barometers tracks the legal rights and lived experiences of LGBTQI+ persons from 204 countries and territories from 2011 to the present. With more than a decade of data, it allows us to see how rights have progressed and receded as well as the gaps between legal protections and lived experiences of discrimination and violence. 

This year’s data reveals alarming trends that highlight how fear and violence are, at its root, gendered phenomena that affect anyone who transgresses traditional gender norms.

LGBTQI+ people feel less safe

Nearly two-thirds of countries experienced a decline in their score on the F&M Global Barometers LGBTQI+ Perception Index (GBPI) from 2022-2024. This represents a five percent drop in global safety scores in just two years. With almost 70 percent of countries receiving an “F” grade on the GBPI, this suggests a global crisis in actual human rights protections for LGBTQI+ people. 

Backsliding on LGBTQI+ human rights is happening everywhere, even in politically stable, established democracies with human rights protections for LGBTQI+ people. Countries in Western Europe and the Americas experienced the greatest negative GBPI score changes globally, 74 and 67 percent, respectively. Transgender people globally reported the highest likelihood of violence, while trans women and intersex people reported the highest levels of feeling very unsafe or unsafe simply because of who they are. 

Taboo of gender equality

Before this current administration dismantled USAID, I helped create an LGBTQI+ inclusive whole-of-government strategy to prevent and respond to GBV that highlighted the unique forms of GBV against LGBTQI+ persons. This included so-called ‘corrective’ rape related to actual or perceived sexual orientation, gender identity, or expression” and so-called ‘conversion’ therapy practices that seek to change or suppress a person’s gender identity or expression, sexual orientation, or sex characteristics. These efforts helped connect the dots in understanding that LGBTQI+ violence is rooted in the same systems of inequality and power imbalances as the broader spectrum of GBV against women and girls. 

Losing data and accountability

Data that helps better understand GBV against LGBTQI+ persons is also disappearing. Again, the dismantling of USAID meant a treasure trove of research and reports on LGBTQI+ rights have been lost. Earlier this year, the US Department of State removed LGBTQI+ reporting from its annual Human Rights Reports. These played a critical role in providing credible sources for civil society, researchers, and policymakers to track abuses and advocate for change. 

If violence isn’t documented, it’s easier for governments to deny it even exists and harder for us to hold governments accountable. Yet when systems of accountability work, governments and civil society can utilize data in international forums like the UN Universal Periodic Review, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Sustainable Development Goals to assess progress and compliance and call for governments to improve protections. 

All may not be lost if other countries and donors fill the void by supporting independent data collection and reporting efforts like the F&M Global Barometers and other academic and civil society monitoring. Such efforts are essential to the fight against GBV: The data helps show that the path toward safety, equality, and justice is within our reach if we’re unafraid of truth and visibility of those most marginalized and impacted.

Jay Gilliam (he/him/his) was the Senior LGBTQI+ Coordinator at USAID and is a member of the Global Outreach Advisory Council of the F&M Global Barometers.

Susan Dicklitch-Nelson (she/her/hers) is the founder of the F&M Global Barometers and Professor of Government at Franklin & Marshall College.

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