Africa
Ugandan Constitutional Court to consider challenge to Anti-Homosexuality Act
Hearing is slated to begin on Dec. 11
Editor’s note: The Constitutional Court has announced the hearing will begin on Dec. 18.
Activists in Uganda are optimistic the queer community will get justice from the Constitutional Court hearing on a petition that challenges the country’s Anti-Homosexuality Act.
Some of the groups that spoke to the Washington Blade before the hearing begins on Dec. 11 termed the law that President Yoweri Museveni signed in May as “discriminatory, unconstitutional and a violation of fundamental human rights.”
Uganda Minority Shelters Consortium, a local NGO which supports and advocates for the rights of LGBTQ victims of violence and homelessness, noted the Anti-Homosexuality Act has created a “climate of fear and persecution” for queer Ugandans.
UMSC Coordinator John Grace said this situation has led to a spike in homophobic violence, discrimination and the LGBTQ community’s inability to access healthcare and other basic services due to fear.
“We believe the court should nullify this discriminatory law and pave the way for a more inclusive and equitable society for all Ugandans,” Grace said in support of the four consolidated petitions that several LGBTQ activists filed.
The plaintiffs include Uganda’s Deputy High Commissioner to South Africa Kintu Nyango, Makerere University Law professors Sylvia Tamale and Busingye Kabumba, veteran journalist Andrew Mwenda, West Budama Northeast MP Fox Odoi and several advocacy groups.
Odoi is Museveni’s former legal advisor.
Petitioners in a pre-hearing conference on Tuesday argue the Anti-Homosexuality Act violates Article 92 of Uganda’s constitution, which bars Parliament from enacting a law that goes against a decision by the country’s Judiciary. This position is in response to the Constitutional Court’s 2014 ruling that nullified a similar anti-homosexuality law.
The plaintiffs also argue the Anti-Homosexuality Act was hurriedly passed within six days instead of 45 days as Parliament’s rules requires and that it was enacted without meaningful public consultation.
“This hearing is crucial for LGBTQ+ Ugandans as it provides a platform to expose the law’s flaws and its detrimental impact on their lives, amplifies their voices to encourage dialogue about equality, tolerance and acceptance, and it instils hope and empowers the queer individuals to fight for their rights and dignity,” Grace stated.
His remarks come a day after the U.S. Ambassador to Uganda William Popp defended the Biden-Harris administration’s decision to impose sanctions against some Ugandan officials and announced plans to remove Kampala from Washington’s duty-free trade program for sub-Saharan African countries over the anti-LGBTQ law.
Ugandan Parliament Speaker Anitah Among, who is targeted in the U.S. visa travel ban, on Wednesday disclosed the White House has targeted more than 300 MPs who supported the Anti-Homosexuality Act. (U.S. government policy is not to target officials over legislative activity.) Secretary of State Antony Blinken on Monday announced the additional sanctions.
Among and the other MPs hit back at the U.S. and vowed to protect the anti-LGBTQ law “with our blood, sweat and souls,” while cautioning Ugandans opposed to it should “leave our country and go to live in the United Kingdom or the United States.”
Popp, while engaging with Ugandans virtually via X Spaces ahead of the Human Rights Day commemorations on Dec. 10 that will take place under the “Freedom, Equality and Justice for All” banner, said the U.S. “wants good things for Uganda as friends” through a sustained partnership.
“We have invested over 60 years of work, time, effort and resources as a partner of the Ugandan people,” said Popp. “We spend about one billion dollars annually in areas like health, education, and food security to improve livelihoods to try and build a more prosperous, freer and secure future for Ugandans which is good for the country, the region, the U.S. and the world.”
Popp noted, however, this economic progress cannot succeed without respect for human rights because there is a direct correlation between economic prosperity and societies that are more open and have greater respect for human and civil rights. Popp conceded no country in the world is perfect — including the U.S. — and the Biden-Harris administration is only helping Kampala to identify areas in which Ugandan institutions can improve as they relate to punishing people who violates citizens’ human rights.
“Working on these issues as Ugandans and working collectively with us as partners is better for long-term goals and positive development in the country,” he said. “If this is done, Uganda collectively will move forward and the U.S. will be the first to applaud it.”
Let’s Walk Uganda, another Ugandan advocacy group that openly LGBTQ people lead, is also challenging the Anti-Homosexuality Act. The organization told the Blade the case is a litmus test to the Judiciary’s core mandate of protecting the “weak” in the society.
“We are challenging the act for violating the entire Bill of Rights and other key provisions of the constitution and its spirit generally,” Martin Musiime, the group’s legal manager, said. “The Ugandan constitution is against the backdrop of tyranny, oppression and abuse of power against those without power or the marginalized.”
Musiime expressed optimism that the petition has strong, convincing grounds for the court to “annul the apartheid law” while also confirming that they are ready to appeal should the court rule against the complainants.
“These efforts are moving hand in hand with political and diplomatic engagements including piling pressure for sanctions,” Musiime said. “We are convinced the sanctions are working and we see efforts by the government to lessen on the severity of the law.”
Doctor Henry Mwebesa, the director general of Uganda’s Health Services, in August issued a circular to all health workers that directed them not to deny services to anyone visiting hospitals; not to discriminate or stigmatize them based on sexual orientation and to protect their privacy, confidentiality and safety.
Let’s Walk Uganda and UMSC maintain, however, this directive doesn’t guarantee queer people enough protection until the punitive and discriminatory provisions in the Anti-Homosexuality Act, such as reporting a suspected gay person to authorities, are removed and the entire law is repealed.
Uganda
Uganda Human Rights Commission asks government to decriminalize homosexuality
Anti-Homosexuality Act took effect in 2023
Uganda’s state-funded human rights body has broken its silence on the queer community’s rights by advocating for their protection amid the enacted Anti-Homosexuality Act that is currently under appeal at the Supreme Court.
The Uganda Human Rights Commission on Sept. 26 while defending LGBTQ rights asked President Yoweri Museveni’s government to decriminalize homosexuality and other “victimless crimes.”
“Criminalizing such acts often results in unjust and disproportionate punishment, especially for vulnerable groups in our society,” Mariam Wangadya, who chairs the commission, said.
Wangadya, a lawyer and human rights advocate, spoke for the first time about the commission’s position on queer rights in Uganda since President Yoweri Museveni in May 2023 signed the Anti-Homosexuality Act.
She spoke during the annual stakeholders meeting for ACTV-Uganda, a rights organization that advocates against torture, gender-based violence, and other forms of violence, and has provided care to victims and survivors for 30 years with the commission’s support.
Wangadya acknowledged ACTV-Uganda’s important role in providing the commission with medical reports for torture cases to assist it in determining compensation for survivors of torture to rebuild their lives.
“Of the 939 cases currently pending a hearing before our tribunal, 50 percent of those are allegations of violation of the right to freedom from torture, inhuman and degrading treatment,” she noted.
Her sentiments on the commission’s stand on LGBTQ rights also come barely two weeks after holding talks with two rights groups: The Human Rights Awareness and Promotion Forum (HRAPF) and Support Initiative for People with Congenital Disorders (SIPD), an intersex lobby group, on Sept. 14.
The meeting between the commission, HRAPF, and SIPD, which also documents and publishes reports on queer rights abuses in Uganda, explored human rights violations based on sexual orientation, gender identity and expression, and sex characteristics.
“We must ensure that every person in Uganda enjoys their human rights without discrimination,” Wangadya said.
The commission also noted that engaging the intersex lobby group was vital to address their “often-overlooked issues and rights.”
The Ugandan government has yet to recognize intersex people as a protected minority group, unlike in Kenya. This year’s national Census did not count them.
HRAPF Executive Director Adrian Jjuuko applauded the meeting with Wangadya as a “progressive step” in defending the rights of the queer community and intersex people.
“We commend the commission on creating a space for dialogue on issues of criminalized minorities in Uganda,” Jjuuko said.
Wangadya held the first meeting with Jjuuko on Sept. 9. It focused on HRAPF’s periodical reports on violations against sexual minorities in Uganda.
Wangadya and Jjuuko during the meeting both agreed that all people deserve protection under the law and the commission has to protect everyone, regardless of their sexual orientation and gender identity.
“You need to talk to the Judiciary, the police, and the director of Public Prosecutions. These are our major disturbing areas,” Jjuuko said, accusing the three government agencies of undermining intersex and LGBTQ rights in the country.
Wangadya acknowledged the contribution of the three judicial agencies in protecting and upholding human rights, but noted that there is a need for working with Kenya, South Africa, and other countries to understand how they navigate LGBTQ and intersex legal issues.
“Kenya will be much better for benchmarking considering that in South Africa the constitution provides for that (queer rights.) Benchmarking from a country like Kenya with similar laws may be more helpful,” she said.
The Wangadya also committed to tapping into HRAPF’s human rights strategies and experiences to improve the commission’s mechanisms.
HRAPF promotes respect for the rights of marginalized and minority groups in Uganda through advocacy, offering legal aid, and providing capacity building. Its latest August report on monthly advocacy, violence and other human rights abuses based on sexual orientation or gender identity since the Anti-Homosexuality Act took effect shows anti-LGBTQ violence remains rampant, while evictions and arrests continue to drop.
The report states that a total of 56 human rights violations were recorded in August, versus 72 cases in July.
Of the 56 cases, 20 cases (35.7 percent) were based on sexual orientation or gender identity, versus 34 cases (41.2 percent) in July. The number of also reported victims also dropped from 40 people in July to 24 people in August. The 20 cases targeting LGBTQ people involved violence and threats (10), eviction from housing (nine), and one arrest.
Uganda’s Women Human Rights Defenders Network welcomed the commission’s inaugural meetings with HRAPF and SIPD, and asked the state-funded rights body to continue holding regular dialogues to help “create an enabling environment for SOGIESC (sexual orientation and gender identity and expression.)”
Wangadya’s comments coincided with a protest outside Uganda’s Permanent Mission to the U.N. in New York that a group of activists organized.
The World Bank Group in August 2023 suspended new lending to Uganda in response to the Anti-Homosexuality Act. The activists who organized the protest demanded the World Bank not resume loans to the country.
Africa
Anglican Church of Southern Africa rejects blessings for same-sex couples
South Africa’s Inclusive and Affirming Ministries criticized resolution
The Anglican Church of Southern Africa has rejected a proposal that would have allowed bishops to bless couples in same-sex unions.
Archbishop Thabo Makgoba in April urged the Provincial Synod, the ACSA’s highest decision council, to consider offering blessings for couples in same-sex relationships.
The Church of England, which is the ACSA’s parent church, on Dec. 17, 2023, announced it would allow bishops to bless couples in same-sex unions. Since the resolution, however, several churches under the Church of England have not implemented it.
In response to proposals to the Synod from the Right Rev. Raphael Hess, bishop of Saldanha Bay in South Africa, who is the first within the ACSA to approve blessings for couples in same-sex unions after the Church of England’s resolution, and the Right Rev. Stephen Diseko, dean of the province and bishop of Matlosane, which is also in South Africa, the Provincial Synod in a Sept. 25 press release said marriage is between one man and one woman for life.
Makgoba before the Synod said the church needed a deeper understanding on the prospects of the LGBTQ community within the ACSA.
“Since Provincial Synod 1989, we have been trying to reconcile our understanding of the nature of God with how we minister to LGBTQI+ members in our pews,” he said. “Have we listened to and adequately sought reconciliation with one another on providing appropriate pastoral care to loving faithful couples in same-sex civil unions? What is this Provincial Synod, 35 years later, going to resolve beyond flowery words?”
“In my past 16 years, I have relied for guidance on such matters on, in no particular order, theological advisers, the Canon Law Council, the Southern African Anglican Theological Commission, Safe and Inclusive Church, the Anglican Board of Education, the Synod of Bishops, Scripture of courses, and on the lived experiences of our parishioners in such unions and relationships,” added Makgoba.
Inclusive and Affirming Ministries, a South African LGBTQ rights group, said it was deeply disappointed over the Provincial Synod’s decision.
“This decision, along with the rejection of a set of prayers drawn up by bishops for providing pastoral ministry to members in civil unions, feels like a missed opportunity to move toward a more inclusive and compassionate expression of faith,” said the organization.
Inclusive and Affirming Ministries also said the decision to withhold blessings and deny prayers of pastoral care to those in civil unions will further marginalize LGBTQ people.
“Through our work, we also know that religious-instigated forms of hostility meted out against LGBTIQ+ people have been the root cause of the perpetuation of violence, hate speech, and hate crimes,” said the group. “The Synod’s choice to move away from this compassionate path suggests that much work remains to be done in the journey toward full inclusion.”
Inclusive and Affirming Ministries nevertheless commended Hess and Diseko for bringing their proposal to the Synod.
“The theological insights offered by Bishop Hess and Bishop Diseko during the debates were grounded in love, respect for conscience, and the universal recognition of human dignity,” said the group. “We remain hopeful and committed to fostering spaces where LGBTIQ+ individuals feel affirmed, supported, and welcomed in their faith communities. We will continue to advocate for pastoral care and recognition of the diversity of sexual orientation within the church and other faith communities.”
Four countries — Eswatini, Lesotho, Namibia, and South Africa — and St. Helena, a British overseas territory, comprise ACSA with more than three million parishioners.
South Africa and St. Helena are the only jurisdictions within the ACSA that fully recognize the rights of LGBTQ people.
The Namibian Supreme Court in 2023 ruled the country must recognize same-sex marriages legally performed elsewhere. The country’s government in July appealed a ruling that overturned an apartheid-era sodomy law.
Uganda
Activists urge the World Bank not to resume lending to Uganda
Country’s Anti-Homosexuality Act signed in 2023
A group of activists who organized a protest outside Uganda’s Permanent Mission to the U.N. in New York on Thursday demanded the World Bank Group not resume loans to the country.
The World Bank in August 2023 suspended new lending to Uganda in response to the country’s Anti-Homosexuality Act that President Yoweri Museveni signed.
“The law needs to be struck down and repealed. Hard stop,” acting U.S. World Bank Executive Director L. Felice Gorordo told the Washington Blade during a March 27, 2024, interview at his office in Washington. “We continue to advocate for that.”
Thursday’s protest coincided with the U.N. General Assembly that began earlier in the week in New York.
A press release the activists issued before the protest notes the World Bank “recently started testing a package of ‘mitigation measures’ to determine if discrimination is taking place.” The Council for Global Equality, the Human Rights Campaign, Immigration Equality, Outright International, Sexual Minorities Uganda, and Health GAP are among the more than 100 LGBTQ rights organizations from around the world that urged World Bank President Ajay Banga in a Sept. 16 letter not to restart lending to Uganda.
“We are writing to you from Uganda and around the world now because we are alarmed by the World Bank’s plan for mitigation measures in Uganda,” reads the letter. “The World Bank has announced that it will be testing the effectiveness of ‘mitigation measures’ from July-September 2024 and that the World Bank will restart lending if they decide the measures are effective in protecting LGBTQ+ people from discrimination.”
Richard Lusimbo, director general of the Uganda Key Population Consortium, in the press release said the World Bank’s “so-called ‘mitigation measures’ are a façade, designed to provide the illusion of protection.”
“They rely on perpetrators of discrimination — the government of Uganda — to implement the measures fairly,” he said. “How can they be taken seriously?”
A World Bank spokesperson on Friday responded to the Washington Blade’s request for comment about the protest.
“The World Bank cannot deliver on its mission to end poverty and boost shared prosperity on a livable planet unless all people can participate in, and benefit from, the projects we finance,” said the spokesperson.
The spokesperson referred the Blade to an Aug. 8, 2023, statement that announced the suspension of new loans to Uganda.
“Immediately after the law was enacted, the World Bank deployed a team to Uganda to review our portfolio in the context of the new legislation,” reads the statement. “That review determined additional measures are necessary to ensure projects are implemented in alignment with our environmental and social standards. Our goal is to protect sexual and gender minorities from discrimination and exclusion in the projects we finance. These measures are currently under discussion with the authorities.”
“We will not propose any new public financing for Uganda to our board until we are satisfied that additional mitigation measures are in place,” the spokesperson told the Blade on Friday. “These mitigation measures have been designed to ensure beneficiaries of bank-financed projects are not discriminated against and receive equal access to services.”
One such mitigation measure is “stakeholder engagement” that, among other things, seeks to strengthen “consultations to detect instances of exclusion or discrimination (do-no harm safety.)” Another specifically highlights “labor and working conditions” and focuses on the need for “training on inclusion and non-discrimination for borrowers (e.g., contractors and sub-contractors) and mobilization of communities” and including “provisions of non-discrimination in contracts.”
The World Bank has said the Ugandan government has agreed to the mitigation measures.
Clare Byarugaba of Chapter 4 Uganda said there “can be no business as usual between the World Bank and the government of Uganda while this law remains in force.”
“We are gravely concerned that President Banga is turning his back on us, and breaking his commitments to ensuring non-discrimination,” she said.
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