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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

When a church fears the rainbow

Puerto Rico pastor objected to Pride symbols outside congregation

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(Washington Blade photo by Michael Key)

There are moments when an incident stops being merely a local story and begins to reveal something much deeper. What happened on June 28 outside One Church, in Comerío, Puerto Rico, belongs in that category.

I do not know who painted the rainbow colors on the asphalt and on a roadside guardrail. I do not know what motivated them, and it is not my place to justify their actions. If someone believes a law was broken, there are authorities and legal mechanisms to address that. That is not the point of this reflection.

The point is the words that followed.

Hours after those colors appeared, Pastor Jorge J. Santiago Reyes went live on social media. He said he felt threatened. He described what happened as a physical attack against his church. He appeared angry and disappointed. He called those who painted the rainbow “cowards” and “charlatans.” He expressed frustration with the support that, according to him, the municipal government of Comerío has shown toward the LGBTQ community, and with those who support posts related to that community. He repeated several times that the people responsible had “crossed the line.” He ended his message by saying, “These charlatans have to be stopped.”

As I listened to his words, I stopped thinking about the paint.

I began thinking about fear.

There is one phrase the pastor repeated again and again: “They crossed the line.” Yet he never explained what that line was. If he was referring to a possible violation of the law, that is for the authorities to determine. If he meant respect for property, there are also procedures to deal with that. But when that line remains undefined and the message begins to associate a rainbow with a threat, the question changes. It is no longer only about a guardrail or a road. It becomes a question about what boundary, in the pastor’s view, was actually crossed.

Paint can be erased.

A brush can cover the asphalt and return a guardrail to its original color.

What does not disappear so easily is the meaning of those colors.

And perhaps that is where the real conflict begins.

It is significant that this happened precisely on June 28, the day when the LGBTQ community remembers a history marked by exclusion, violence, and the struggle for dignity. What represents memory, hope, and the possibility of living without hiding for millions of people was presented by others as a threat.

I do not know why someone painted that rainbow. I do not need to know in order to ask whether those were the words society should expect from a pastor.

A religious leader may feel hurt, frustrated, or angry. What he cannot forget is the responsibility that comes with every public expression. His words do not end when a livestream ends. They move beyond the space of his church, reach people who may never share his faith, and help shape the way others see those who think differently. When a pastor calls other people “charlatans” and “cowards,” says they “have to be stopped,” and turns a rainbow into evidence of an attack, he is no longer speaking only from frustration. He begins to build a discourse that can feed rejection toward a community far larger than the people responsible for that act.

There was another moment in the livestream that caught my attention. The pastor reminded viewers how much he has served Comerío, how much he has accompanied his community, and how much he has worked for it. I have no reason to question that service. I am sure many people can testify to the good he has done.

That is precisely why it was difficult to hear.

Pastoral vocation is not about reminding a town of everything one has done for it when conflict appears. Service does not lose its value when it goes unrecognized; it loses something when it becomes an argument to claim a moral position from which to speak down to others. A person who serves does so because that is the nature of the calling, not because that service grants authority to discredit those who think differently.

As a pastor, that part of the message left me deeply uneasy. Not because I expect ministers of God to be perfect. We are not. But because our words carry weight, we are called to speak with greater responsibility. Some expressions build bridges. Others raise walls. Some words invite encounter. Others end up justifying rejection.

The paint will disappear. A brush will be enough to cover the asphalt and return the guardrail to its original color.

The words will not disappear as easily.

They will remain recorded in a video, shared again and again on social media, and remembered by those who heard them. They will remain long after the last trace of paint has been erased.

When this episode is remembered, it probably will not be because of the rainbow that appeared outside One Church, in Comerío, Puerto Rico.

It will be because of the words a pastor chose to use when speaking about it.

And that difference changes everything.

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The boy they refused to forget

Jonathan David Muir Burgos released from Cuban prison after participating in protest

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Jonathan David Muir Burgos (Graphic by Ignacio Estrada Cepero)

When the Washington Blade first reported the story of Jonathan David Muir Burgos, the news centered on a 16-year-old Cuban teenager who had been sent to prison after taking part in a public protest in Morón, Ciego de Ávila. At the time, the facts were straightforward. A minor had lost his freedom, and his case was beginning to attract attention beyond Cuba’s borders.

Today there is another fact that deserves to be recorded with the same rigor.

Jonathan is no longer in prison.

His release, confirmed by multiple news organizations, closes one chapter of a story that, for months, was followed by journalists, human rights organizations, religious communities, and countless individuals who refused to let his name disappear from public view. Each of them became part of a much larger effort to ensure that the imprisonment of a Cuban teenager would not fade into silence as the news cycle moved on.

That collective attention does not explain every decision that ultimately led to Jonathan’s release, and it would be irresponsible to suggest otherwise. Judicial processes are rarely shaped by a single factor. What can be said with certainty is that Jonathan’s story never disappeared. It continued to be documented, discussed and followed long after the initial headlines were published.

Behind every widely reported case there is a family living a reality that rarely appears in the news. In Jonathan’s case, there was a father who also serves as a Protestant pastor and who spent months speaking publicly about his son while asking others not to forget him. There was a mother enduring the uncertainty familiar to any parent separated from a child. There were classmates, friends, and neighbors waiting for the day when Jonathan would no longer be known as the teenager behind bars, but simply as the young man returning home.

The image of a prison gate opening often marks the end of a news story. In reality, it marks the beginning of something far more difficult. A teenager must resume an interrupted education, reconnect with friends, rebuild ordinary routines, and recover a sense of normalcy after months in confinement. Those experiences seldom become headlines, yet they are part of the true cost of imprisonment.

Jonathan’s release is therefore more than an update to a story previously reported. It is a reminder that public attention has value. Journalism matters because it documents. Human rights organizations matter because they investigate. Communities matter because they refuse indifference. Families matter because they continue to wait, even when the waiting becomes unbearable. None of these efforts should be viewed in isolation. Together they ensure that a person’s story does not disappear simply because time has passed.

Many people leave prison after being forgotten.

Jonathan David Muir Burgos walked out of prison knowing that, throughout those months, thousands of people had continued to speak his name, follow his case and hope for the day when this story could be told differently.

Today, that day has arrived.

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Commentary

Religion, spirituality, and humanity: finding meaning in a complex world

LGBTQ refugees find hope in faith, common humanity

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A UNHCR-affiliated community center for refugees in Kraków, Poland, on April 5, 2024. LGBTQ refugees around the world often find hope in religion and their shared humanity. (Washington Blade photo by Michael K. Lavers)

Religion and spirituality continue to shape the lives of billions of people around the world. Whether expressed through organized faith traditions, personal beliefs, cultural practices, or philosophical reflection, they remain powerful influences on how people understand themselves, others, and the world around them.

As a displaced person, I have seen firsthand how religion and spirituality affect people’s lives during times of uncertainty, hardship, and hope. In communities facing displacement, poverty, illness, conflict, and long waits for resettlement opportunities, questions about meaning, purpose, resilience, and belonging are not abstract concepts. They are part of everyday survival.

Religion and spirituality are often discussed together, yet they are not identical. Religion generally involves organized systems of belief, sacred texts, rituals, and communities. Spirituality is often more personal and may involve an individual’s search for meaning, connection, and inner peace without necessarily belonging to a specific faith tradition.

Despite their differences, both seek to answer some of humanity’s oldest questions: Why are we here? How should we live? How do we cope with suffering? What gives life meaning?

A search shared across cultures

Human beings have always searched for answers to the mysteries of existence. Across continents and throughout history, people have developed different ways of understanding life, death, nature, and the universe.

Christians may turn to the Bible. Muslims may seek guidance from the Quran. Jews may draw wisdom from the Torah. Hindus, Buddhists, Sikhs, Indigenous peoples, and many others have their own spiritual traditions and teachings.

Recently, an Australian reader, Eveline Goy, shared a thoughtful reflection after reading one of my earlier articles. She noted that while some people may speak of “false prophets” based on their religious beliefs, others may find truth and wisdom in entirely different traditions. She also highlighted the rich spiritual heritage of Australia’s First Nations peoples, whose stories of the Rainbow Serpent continue to shape cultural identity and understanding of creation.

Her reflection reminded me that while beliefs vary widely, the desire to understand our place in the universe appears to be deeply human.

Religion, love, and LGBTQ people

For many LGBTQI+ people, religion can be both a source of comfort and a source of pain.

Throughout history, faith communities have offered people hope, belonging, and moral guidance. Yet many LGBTQI+ individuals have also experienced rejection, exclusion, or condemnation from religious institutions because of their sexual orientation or gender identity.

As a queer refugee, I know how deeply these experiences can affect a person’s sense of self-worth and belonging. Many LGBTQI+ refugees I work with were not only rejected by society but also by families and faith communities they once trusted. Some were told they were sinful, broken, or unworthy of love. Others were forced to hide their identities in order to remain accepted.

Yet this is not the whole story.

Across the world, there are also religious leaders, churches, mosques, synagogues, temples, and faith communities that embrace LGBTQI+ people and affirm their dignity. Many believers interpret their faith through the values of compassion, justice, mercy, and love rather than exclusion.

At its heart, love is one of the most universal values found across spiritual traditions. Whether expressed through faith, friendship, family, or community, love has the power to heal wounds, build bridges, and restore dignity.

For many LGBTQI+ people, the challenge is not choosing between faith and identity but finding spaces where both can coexist.

Religion and spirituality in difficult times

We live in a world facing numerous challenges. Wars continue across several regions. Climate change affects communities through droughts, floods, and extreme weather events. Economic uncertainty impacts millions of families. Refugees and displaced people face uncertain futures.

In such circumstances, many people turn to religion or spirituality for comfort and guidance.

Here in Gorom Refugee Settlement Camp, I see this every day. Some gather for prayer. Others find strength in sacred texts. Some find comfort in collective worship, while others seek peace through personal reflection and meditation.

For many, faith provides hope when circumstances seem hopeless.

Yet I have also observed something equally important. Not everyone draws strength from religion. Some find resilience through friendship, mutual support, activism, creativity, and the determination to keep moving forward despite adversity.

This reminds us that while religion and spirituality can be sources of strength, so too can our shared humanity.

The human values that unite us

One of the most remarkable aspects of religion and spirituality is that despite their differences, many traditions promote similar values: Compassion, kindness, forgiveness, generosity, honesty, and respect for others.

These values are not exclusive to any single religion or philosophy. They appear across cultures, faiths, and secular worldviews.

Living in a refugee community has reinforced this lesson. Some of the most generous people I have met are deeply religious. Others are not religious at all. What matters most is not necessarily what people believe, but how they treat one another.

When someone shares food with a hungry neighbor, that is compassion.

When a person comforts a frightened child, that is humanity.

When communities stand together despite differences, that is solidarity.

These actions often speak louder than doctrine.

Building bridges in a diverse world

Religion and spirituality have inspired extraordinary acts of kindness throughout history. Yet they have also contributed to division when people become convinced that only their own beliefs are valid.

In today’s interconnected world, we encounter a greater diversity of perspectives than ever before. This diversity can enrich societies, but it also requires humility, curiosity, and respect.

No individual, community, or tradition possesses all the answers to life’s mysteries.

The challenge is not to eliminate differences but to learn how to coexist peacefully despite them.

For LGBTQI+ people, refugees, people of faith, and those without religious beliefs, dialogue and mutual respect remain essential. We all benefit when societies create space for people to live authentically while respecting the dignity of others.

Religion and spirituality continue to play important roles in human life. They help many people find meaning, resilience, comfort, and community during difficult times.

At the same time, the values that often matter most compassion, dignity, kindness, justice, and love are not confined to any single religion or belief system.

My experiences as a queer refugee have shown me that hope can emerge from many places. Some find it in prayer. Some find it in philosophy. Some find it in activism. Some find it in human connection.

Perhaps what ultimately matters is not which path we follow, but whether that path encourages us to become more compassionate, understanding, and caring human beings.

In an uncertain world marked by division and conflict, our shared humanity may be the strongest foundation upon which we can build a more peaceful, inclusive, and loving future for LGBTQI+ people, for people of faith, and for all humanity.

Aby lives in the Gorom Refugee Settlement Camp in South Sudan.

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