LGBT rights in Uganda
|LGBT rights in Uganda|
|Same-sex sexual activity legal?||Male illegal since 1894 (as Protectorate of Uganda)
Female illegal since 2000
|Life imprisonment for "carnal knowledge against the order of nature". Seven years imprisonment for "gross indecency".|
Both male and female homosexual activity is illegal. Under the Penal Code, "carnal knowledge against the order of nature" between two males carries a potential penalty of life imprisonment. The Uganda Anti-Homosexuality Act, 2014 was passed on 17 December 2013 with a punishment of life in prison for "aggravated homosexuality". In August 2014, the Uganda Constitutional Court annulled the law. Nonetheless, LGBT people continue to face discrimination in Uganda. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Legality of same-sex sexual activity
Laws prohibiting same-sex sexual acts were first put in place under British colonial rule in the 19th century. Those laws were enshrined in the Penal Code Act 1950 and retained following independence. The following sections of that Act are relevant:
Section 145. Unnatural offences. Any person who—
- (a) has carnal knowledge of any person against the order of nature; [or]
- (b) has carnal knowledge of an animal; or
- (c) permits a male person to have carnal knowledge of him or her against the order of nature,
Before the Penal Code Amendment (Gender References) Act 2000 was enacted, only same-sex acts between men were criminalized. In 2000, that Act was passed and changed references to "any male" to "any person" so that grossly indecent acts between women were criminalized as well, and are now punishable by up to 7 years imprisonment.
On 13 October 2009, Member of Parliament David Bahati introduced the The Anti-Homosexuality Act, 2009, which would broaden the criminalization of same-sex relationships in Uganda and introduce the death penalty for serial offenders, HIV-positive people who engage in sexual activity with people of the same sex, and persons who engage in same-sex sexual acts with people under 18 years of age. Individuals or companies that promote LGBT rights would be fined or imprisoned, or both. Persons "in authority" would be required to report any offence under the Act within 24 hours or face up to three years' imprisonment.
In November 2012, Parliament Speaker Rebecca Kadaga promised to pass a revised anti-homosexuality law in December 2012. "Ugandans want that law as a Christmas gift. They have asked for it[,] and we'll give them that gift." The parliament, however, adjourned in December 2012 without acting on the bill. The bill passed on 17 December 2013 with a punishment of life in prison instead of the death penalty for "aggravated homosexuality", and the new law was promulgated in February 2014.
In June 2014, in response to the passing of the Ugandan AHA, the American State Department announced several sanctions, including, among others, cuts to funding, blocking certain Ugandan officials from entering the country, cancelling aviation exercises in Uganda and supporting Ugandan LGBT NGOs.
In August 2014, Uganda's Constitutional Court annulled this law on a technicality because not enough lawmakers were present to vote.
Article 21 of the Ugandan Constitution, "Equality and freedom from discrimination", guarantees protection against discriminatory legislation for all citizens. It may be that because existing criminal law addresses sodomy (oral and anal sex), and applies to all genders, that it may not be in violation of Article 21, unlike the newly proposed specifically anti-gay legislation.
On 22 December 2008, a Uganda High Court ruled that Articles 23, 24, and 27 of the Uganda Constitution apply to all people, regardless of their sexual orientation or gender identity or expression. Article 23 states that "No person shall be deprived of personal liberty." Article 24 states that "No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment." Article 27 states that "No person shall be subjected to: (a) unlawful search of the person, home or other property of that person; or (b) unlawful entry by others of the premises of that person or property. No person shall be subjected to interference with the privacy of that person's home, correspondence, communication or other property."
In November 2016, the Constitutional Court of Uganda ruled that a provision in the Equal Opportunities Commission Act was unconstitutional. This provision effectively barred the commission from investigating "any matter involving behaviour which is considered to be immoral and socially harmful, or unacceptable by the majority of the cultural and social communities in Uganda." The court ruled that the section breaches the right to a fair hearing and as well as the rights of minorities, as guaranteed in the Constitution. Furthermore, the court ruled that Uganda’s Parliament cannot create a class of "social misfits who are referred to as immoral, harmful and unacceptable" and cannot legislate the discrimination of such persons. Following the ruling, Maria Burnett, Human Rights Watch Associate Director for East Africa, said: "Because of their work, all Ugandans should now be able to bring cases of discrimination – against their employers who fired or harassed them, or landlords who kicked them out of their homes – and finally receive a fair hearing before the commission."
Recognition of same-sex relationships
On 29 September 2005, President Yoweri Museveni signed a constitutional amendment prohibiting same-sex marriage. According to Clause 2a of Section 31, "Marriage between persons of the same sex is prohibited."
In June 2012, the Ugandan Government announced the ban of 38 non-governmental organizations (NGO) it accused of "promoting homosexuality" and "undermining the national culture". Simon Lokodo, the country's Minister of Ethics and Integrity, claimed the NGOs were "receiving support from abroad for Uganda's homosexuals and 'recruiting' young children into homosexuality." He also said that, "They are encouraging homosexuality as if it is the best form of sexual behaviour." That same month, Lokodo ordered Ugandan police to break-up an LGBT rights workshop in Kampala. Later in the month, the Ugandan Government, in an apparent rebuke of Lokodo, announced that it will no longer attempt to break up meetings of LGBT rights groups.
LGBT persons faced discrimination and legal restrictions. It is illegal to engage in homosexual acts.... While no persons were convicted under the law [in 2011], the government arrested persons for related offenses. For example, in July police arrested an individual for "attempting" to engage in homosexual activities. On July 15, [2011,] a court in Entebbe charged him with "indecent practices" and released him on bail. Hearing of the case was pending at year's end.
LGBT persons were subject to societal harassment, discrimination, intimidation, and threats to their well-being [in 2011] and were denied access to health services. Discriminatory practices also prevented local LBGT NGOs from registering with the NGO Board and obtaining official NGO status....
On January 26, [2011,] LGBT activist David Kato, who had successfully sued the local tabloid discussed above for the 2010 publication of his picture under the headline "Hang Them," was bludgeoned to death at his home outside Kampala. On February 2, police arrested Sidney Enock Nsubuga for Kato's murder. On November 9, Nsubuga pled guilty and was sentenced to 30 years' imprisonment.
On October 3, [2011,] the Constitutional Court heard oral arguments on a 2009 petition filed by a local human rights and LGBT activists challenging the constitutionality of Section 15(6)(d) of the Equal Opportunities Commission Act. Section 15(6)(d) prevents the Equal Opportunities Commission from investigating "any matter involving behavior which is considered to be (i) immoral and socially harmful, or (ii) unacceptable by the majority of the cultural and social communities in Uganda." The petitioner argued that this clause is discriminatory and violates the constitutional rights of minority populations. A decision was pending at year's end.
In 2005, Human Rights Watch reported on Uganda's abstinence until marriage programs. "By definition, ... [they] discriminate on the basis of sexual orientation. For young people who are lesbian, gay, bisexual, or transgender ... and cannot legally marry in Uganda ..., these messages imply, wrongly, that there is no safe way for them to have sex. They deny these people information that could save their lives. They also convey a message about the intrinsic wrongfulness of homosexual conduct that reinforces existing social stigma and prejudice to potentially devastating effect."
In 2004, the Uganda Broadcasting Council fined Radio Simba over $1,000 and forced it to issue a public apology after hosting homosexuals on a live talk show. The council's chairman, Godfrey Mutabazi, said the programme "is contrary to public morality and is not in compliance with the existing law". Information Minister Nsaba Buturo said the measure reflected Ugandans' wish to uphold "God's moral values" and, "We are not going to give them the opportunity to recruit others."
Outings by newspapers
In October 2010, the tabloid paper Rolling Stone published the full names, addresses, photographs, and preferred social-hangouts of 100 allegedly gay and lesbian Ugandans, accompanied by a call for their execution. David Kato, Kasha Jacqueline, and Pepe Julian Onziema, all members of the Civil Society Coalition On Human Rights and Constitutional Law, filed suit against the tabloid. A High Court judge in January 2011 issued a permanent injunction preventing Rolling Stone and its managing editor Giles Muhame from "any further publications of the identities of the persons and homes of the applicants and homosexuals generally". The court further awarded 1.5 million Ugandan shillings plus court costs to each of the plaintiffs. The judge ruled that the outing, and the accompanying incitation to violence, threatened the subjects' fundamental rights and freedoms, attacked their right to human dignity, and violated their constitutional right to privacy. Kato was murdered in 2011, shortly after winning the lawsuit.
LGBT rights activism
Despite the criminal laws and prevailing attitudes, the Government has not expressly banned Uganda residents from trying to change public policies and attitudes with regards to LGBT people.
Uganda's main LGBT rights organization is Sexual Minorities Uganda, founded in 2004 by Victor Mukasa and been allowed to conduct its activities without much government interference. Frank Mugisha is the Executive Director and the winner of both the 2011 Robert F. Kennedy Human Rights Award and the 2011 Rafto Prize for his work on behalf of LGBT rights in Uganda.
In late 2014, LGBT Ugandans published the first installment of Bombastic Magazine and launched the online platform Kuchu Times. This has been dubbed as a "Reclaiming The Media Campaign" by distinguished activist Kasha Jacqueline Nabagesera. She was awarded the Martin Ennals Award for Human Rights Defenders in 2011.
According to the 2007 Pew Global Attitudes Project, 96 percent of Ugandan residents believe that homosexuality is a way of life that society should not accept, which was the fifth-highest rate of non-acceptance in the 45 countries surveyed. A poll conducted in 2010, however, revealed that 11 percent of Ugandans viewed homosexual behavior as being morally acceptable. Among other members of the East African Community, only 1 percent in Tanzania, 4 percent in Rwanda, and 1 percent in Kenya had the same view. (Burundi was not surveyed.)
A 2013 Pew Research Center opinion survey showed that 96% of Ugandans believe homosexuality should not be accepted by society, while 4% believe it should. Older people were more accepting than younger people: 3% of people between 18 and 29 believe it should be accepted, 2% of people between 30 and 49 and 7% of people over 50.
In May 2015, PlanetRomeo, a LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society’s view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Uganda was ranked last with a GHI score of 20.
|Same-sex sexual activity legal||(Penalty: Up to life imprisonment)|
|Equal age of consent|
|Anti-discrimination laws in employment only|
|Anti-discrimination laws in the provision of goods and services|
|Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)|
|Same-sex marriages||(Constitutional ban since 2005)|
|Recognition of same-sex couples|
|Stepchild adoption by same-sex couples|
|Joint adoption by same-sex couples|
|LGBT people allowed to serve openly in the military|
|Right to change legal gender|
|Access to IVF for lesbians|
|Commercial surrogacy for gay male couples|
|MSMs allowed to donate blood|
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- Penal Code Act 1950, Uganda Police Force
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