Uganda
Ugandan court awards $40K to men tortured after arrest for alleged homosexuality
Torture took place in 2020 during COVID-19 lockdown
A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.
The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”
“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”
The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.
“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.
The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”
Consensual same-sex sexual relations remain criminalized in Uganda.
President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for āaggravated homosexuality.ā LGBTQ activists continue to challenge the law.
Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”
Uganda
Report: Ugandaās Anti-Homosexuality Act has cost country $1.6 billion
Open for Business released findings on Oct. 10
Some Ugandan queer rights organizations have asked the government to repeal the countryās Anti-Homosexuality Act that is currently under appeal at the Supreme Court to save the country from huge economic losses.
The organizations, while reacting to a new report that reveals the Anti-Homosexuality Act has cost Uganda up to $1.6 billion since President Yoweri Museveni signed it in May 2023, note the draconian law is not just āregressiveā to LGBTQ rights, but also the economy. Ā Ā
TheĀ reportĀ that Open for Business, a coalition of leading global organizations that champion LGBTQ inclusion, released on Oct. 10 identifies foreign direct investment, donor aid, trade and tourism, and public health and productivity as major areas that economic losses have impacted.
āCombined losses over five years are projected between $2.3 billion and $8.3 billion,ā the report states.
The estimated annual loss breakdown to Ugandaās economy includes $75 million in foreign direct investment, more than $1 billion in donor funding, $312 million in the fight against HIV/AIDS and other public health efforts, $99 million in tourism and $500,000 in trade for tariff payments after the Biden-Harris administration suspended Kampala from the preferential Africa Growth and Opportunity Act.
Other projected annual losses over the next five years because of the Anti-Homosexuality Act are $24 million in labor production because at least 15,000 queer people have fled Uganda, $58 million in national productivity from homophobic stigma and legal repercussions for LGBTQ people, and $500,000 from over-policing and legal costs associated with the lawās enforcement.
The recorded and projected Ugandaās economic losses are attributed to its strained relations with international partners, such as Western countries that imposed sanctions on Kampala over the Anti-Homosexuality Act, and global financiers, such as the World Bank Group that suspended funding.
The Open for Business report notes Kampalaās damaged global relations and funding suspension has impacted Ugandansā access to antiretroviral therapy because of shortages and medical workers who refuse to treat queer patients because they fear that authorities will punish them.
It also indicates the impact on Ugandaās tourism sector because of the Anti-Homosexuality Actās negative global perceptions has indirectly affected the hospitality, transport, and retail industries.
āAs the global economy becomes more interconnected andĀ competitive, countries that fail to embrace diversity, and inclusivityĀ are likely to fall behind,ā the report states.
The report points out that nearly half of the 49 percent of Ugandans who sought asylum in the UK last year said homophobia prompted them to flee the country. It warns this exodus diminishes Kampalaās growth potential and urges Museveniās administration to amend or repeal the Anti-Homosexuality Act to restore international confidence in economic support and investment. Ā Ā
āUganda continues to enforce the AHA (Anti-Homosexuality Act)Ā withoutĀ addressing international concerns, leading to severe economicĀ isolation,ā the report states.āIn this scenario, FDI (foreign direct investment) and donor aid could decline sharply,Ā tourism might collapse, and key partners could impose more trade sanctions.āĀ
Uganda Minority Shelters Consortium, a local NGO that supports and advocates for the rights of LGBTQ people who are homeless and/or victims of violence, described the reportās findings as āalarming,ā and added it shows how the Anti-Homosexuality Act and other anti-LGBTQ policies affect the economy.
UMSC Coordinator John Grace told the Washington Blade that the Ugandan government should heed the reportās warnings and ātake immediate action to repeal the AHA in its entiretyā and not to hurt the countryās economic development.
āThe economic cost of this discriminatory law is too high and the human rights violations it perpetuates are unacceptable,ā Grace said.
Grace also noted the projected exodus of 15,000 LGBTQ people from Uganda because of the Anti-Homosexuality Act would be a ātragic lossā for the country in terms of skilled manpower.
Letās Walk Uganda, a local lobby group that openly LGBTQ people lead, also responded to the report, noting its findings add more economic pain to the āravages of the COVID-19 pandemic.ā
āThe anxiety within the investment and general business community as a result of the AHA cannot be underestimated,ā Letās Walk Uganda Legal Manager Alex Musiime said. āThe ridiculous law should be dropped. The court (Supreme Court) ought to do the right thing and annul this apartheid law.ā
Musiime said the World Bank and Ugandaās other international partners and financiers should āintensify dialogueā with Museveniās government to repeal the Anti-Homosexuality Act to save the vulnerable population from the suffering that the freezing of crucial aid to them has caused.
āTheĀ Ugandan government should be moved to commit to respecting theĀ rights of LGBTQ+ persons in the implementation of World Bank projects.Ā It should treat this piece of hate in the AHA as no lawĀ at all,ā he said.
Both Musiime and Grace applauded the Ugandaās Human Rights Commissionās recent plea for the government to decriminalize consensual same-sex sexual relations. They consider it a āpositive stepā that should be āfollowed by concrete actionsā to end homophobic discrimination, violence, and harassment.
Uganda
Uganda Human Rights Commission asks government to decriminalize homosexuality
Anti-Homosexuality Act took effect in 2023
Ugandaās state-funded human rights body has broken its silence on the queer communityās 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 Museveniās government to decriminalize homosexuality and other āvictimless crimes.ā
āCriminalizing such acts often results in unjust and disproportionate punishment, especially for vulnerable groups in our society,ā 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-Ugandaās 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.
āOf 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,ā 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.
āWe must ensure that every person in Uganda enjoys their human rights without discrimination,ā Wangadya said.
The commission also noted that engaging the intersex lobby group was vital to address their āoften-overlooked issues and rights.ā
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 āprogressive stepā in defending the rights of the queer community and intersex people.
āWe commend the commission on creating a space for dialogue on issues of criminalized minorities in Uganda,ā 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.
āYou need to talk to the Judiciary, the police, and the director of Public Prosecutions. These are our major disturbing areas,ā 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.
āKenya 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 mayĀ be more helpful,ā she said. Ā Ā Ā
The Wangadya also committed to tapping into HRAPFās human rights strategies and experiences to improve the commission’s mechanisms.Ā
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.
Ugandaās 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 ācreate an enabling environment for SOGIESC (sexual orientation and gender identity and expression.)ā
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.
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 2023Ā suspendedĀ 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 inĀ a Sept. 16 letterĀ 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 Bankās 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 āmitigation measuresā are a faƧade, designed to provide the illusion of protection.ā
āThey rely on perpetrators of discrimination ā the government of Uganda ā to implement the measures fairly,” he said. “How can they be taken seriously?ā
A World Bank spokesperson on Friday responded to the Washington Blade’s request for comment about the protest.
āThe 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,ā she said.
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