| For a summary of Uganda’s review at the second cycle please click here. |
12th UPR session
Date of review: 11 October 2011
Date of report adoption: March 2012
Working Group report: A/HRC/19/16
| Summary
Recommendations: Investigate and prosecute intimidation and attacks on LGBT-community members and activists; investigate thoroughly and sanction accordingly violence against LGBTs, including gay rights activists; take immediate concrete steps to stop discrimination and assaults against LGBT persons. Response: Accepted. Recommendations: Publicly announce the shelving of the proposed bill on homosexuality and decriminalize homosexual behaviour; the Parliament to dismiss the proposed Anti-Homosexuality Bill 2009; reject the Anti-Homosexuality Bill and decriminalise homosexual relationships between consenting adults; fulfil its obligations under international human rights law to decriminalise same-sex relationships between consenting adults and repeal any laws or reforms that explicitly discriminate on any grounds, including sexual orientation and gender identity; repeal laws that discriminate against LGBTs; revise its national legislation to decriminalise homosexuality and prohibit all forms of discrimination; remove criminal penalties for offense on the basis of sexual orientation; study the possibility to decriminalise relationships between consenting adults of the same sex; abstain from applying legislation that criminalises homosexuality; immediately and unconditionally release all persons currently detained for the reason of homosexuality alone; decriminalise same-sex relations between consenting adults and ensure that no person is subject to arbitrary arrest or detention because of their sexual orientation or gender identity; derogate the legislation that criminalises the LGBT community, and put an end to the defamatory and harassing campaigns against them; reconfirm its commitment to protecting the rights of all persons regardless of their sexual orientation or gender identity in anti-discrimination and equal opportunity legislation and bodies; repeal all provisions criminalising sexual activity between consenting adults and ensure the same rights for same sex couples as heterosexual couples; ensure equal rights for all individuals, regardless of sexual orientation; fulfil its obligations under international human rights law and ensure the protection of all minorities and repeal any laws or reforms that explicitly or implicitly discriminate on any grounds, including sexual orientation, gender identity and gender expression. Response: Rejected. |
I. Key issues/recommendations identified by NGOs
- Decriminalise same-sex relations between consenting adults and permanently reject the Anti-Homosexuality Bill;
- Take measures to ensure that no person is subject to arbitrary arrest or detention because of their sexual orientation or gender identity;
- Protect the rights to liberty, life, privacy, physical integrity and health of LGBTI persons;
- Protect the human rights of human rights defenders, journalists and media workers without discrimination.
II. Excerpts from input reports
National report
VIII. Sexual orientation issues
105. Article 31(2a) of the Constitution prohibits marriage between persons of the same sex. Sections 145 and 146 of the Penal Code prohibit same sex relations. While the Constitution, under Chapter Four, guarantees rights of persons, it also imposes duties and obligations on them to ensure that in the enjoyment of such rights, they do not infringe on the rights of others. Those who practice and / or support lesbian, gay, bisexual, transgender and intersex (LGBTI) issues continue to push for their recognition as a right. There is information of covert recruitment, of especially our children and youth, into such practices which we consider to be detrimental to the moral fabric of our society. In Uganda, there is an overwhelming consensus that such practices are untenable; and thus culturally and legally unacceptable. It is our considered opinion that such practices remain a matter of private choice. There should be no promotion of those practices.
Compilation of UN information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
1. Equality and non-discrimination
23. UNCT indicated that lesbian, gay, bisexual, transgender and intersex persons faced several forms of discrimination, including harassment and unequal access to public services. OHCHR and CEDAW raised similar concerns.
4. Right to privacy, marriage and family life
59. In 2010, the High Commissioner, the Special Rapporteur on the right to health, and the Special Rapporteurs on the situation of human rights defenders and on the right to freedom of opinion and expression urged Uganda to shelve a “draconian” draft bill on homosexuality. CEDAW also noted with concern the proposed bill. UNCT indicated that attempts had emerged to reintroduce similar provisions under the newly revised sexual offences bill 2010. OHCHR and CEDAW called on Uganda to decriminalize homosexual behaviour.
Summary of stakeholders’ information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
1. Equality and non-discrimination
21. JS8 stated that the current legal framework reinforced the social stigma against lesbian, gay, bisexual and transgender individuals and exposed them to the risk of deprivation of liberty, life, right to privacy, physical integrity and health.
29. Joint Submission 8 (JS8) stated that human rights defenders continued to be targeted for harassment, threats, unjustified criminal charges and violence. CIVICUS stated that members of the security forces were often complicit in the abuse and intimidation of human rights defenders working for the rights of LGBT individuals. Article 19 expressed concern with regard to the violence against journalists, media workers and human rights defenders and the trend of impunity for the perpetrators. Human Rights Network for Journalists- Uganda (HRNJ-Uganda) stated that many journalists were murdered, subjected to arbitrary arrests and torture, as well as intimidation and harassment by the authorities.
4. Right to privacy
47. Joint Submission 1 (JS1) stated that retention of laws and the proposed enactment of new laws that further criminalize sexual relationships between same-sex consenting adults have a devastating impact on them.
48. Participatory Action for Rural Development Initiative (PARDI) stated that the “Anti-Homosexuality Bill”, if enacted, would broaden the criminalization of homosexuality. HRW stated homophobic rhetoric by officials of the Government of Uganda has increased since the Anti-Homosexuality Bill was introduced. HRW and JS8 recommended the rejection of this Bill.
III. References to SOGI during the Working Group review
B. Interactive dialogue and responses of the State under review
42. Canada noted progress in reducing maternal mortality and morbidity in Uganda and welcomed Uganda’s commitment regarding the MDGs target by 2005. It acknowledged the Domestic Violence and the FGM Acts, and was concerned at the treatment of LGBTI community in Uganda.
46. Norway was concerned at limitations to the freedom of speech and assembly; cases of torture by security agencies and at violations of sexual minorities’ rights. Norway commended Uganda for an increased acceptance of women’s rights within their policymaking framework and acknowledged the Domestic Violence Act. Norway welcomed the dismissal of the Anti-homosexuality Bill 2009.
51. The Czech Republic expressed concern at the discrimination of LGBTI persons in Uganda.
54. Denmark […] commended Uganda for its decision to drop the Anti-Homosexuality Bill. However, it remained concerned at attacks and accusations against LGBTI people.
56. Switzerland was pleased that Uganda had limited the application of the death penalty, however, it was concerned about discrimination against LGBT persons and the fact that the Ugandan penal code authorised prosecution and sentencing on the grounds of sexual orientation. It also states that the security forces had on several occasions resorted to the excessive use of force.
72. [Uganda stated that] on LGBTI, any person who feels his/her rights have been infringed by the provisions of the law is free to go to Court for redress or initiate a process for amendment of specific provisions of the law. The Anti-Homosexuality Bill is before Parliament. As for the plight of Human Rights Defenders, the delegation stated that the Government does not condone violence against anyone. There is no evidence to corroborate the assertion that those who left were being targeted. On LGBTI organisations, Ugandan laws do not discrimination against any organisation wishing to register. What is important is that such organisations must meet the criteria as provided for in the NGOs Registration (Amendment) Act 2009.
73. Regarding health related discrimination, the delegation indicated that Ugandan HIV Policy is not discriminatory. According to laws and medical ethics, medical practitioners are under obligation not to discriminate and/or disclose personal medical records to third parties.
80. The United Kingdom of Great Britain and Northern Ireland […] urged the Government to take steps to tackle discrimination on the grounds of sexual orientation.
85. Sweden […] indicated that the Ugandan Penal Code criminalised same-sex sexual conduct in private between consenting adults.
89. Netherlands noted discrimination and violence based on sexual orientation or gender identity in Uganda and that same-sex relations and marriages are prohibited by law […] Netherlands noted that human rights defenders and lawyers were subject to harassment and violence.
92. The United States of America applauded the work of the Uganda Human Rights Commission, however, noted with concern the security forces’ use of excessive force, undeclared detention facilities known as “safe houses”, and torture, as well as Electoral Commission’s lack of independence and failure to protect the rights of minority groups, in particular LGBT persons.
108. The delegation [of Uganda] emphasised that the Uganda Anti-Homosexuality Bill is a private member’s Bill.
IV. Conclusions and/or recommendations
111. The recommendations formulated during the interactive dialogue listed below have been examined by Uganda and enjoy the support of Uganda:
111.69. Investigate and prosecute intimidation and attacks on LGBT-community members and activists (Netherlands);
111.70. Investigate thoroughly and sanction accordingly violence against LGBTs, including gay rights activists (Belgium);
111.71. Take immediate concrete steps to stop discrimination and assaults against LGBT persons (Czech Republic).
113. The recommendations below did not enjoy the support of Uganda:
113.1. Publicly announce the shelving of the proposed bill on homosexuality and decriminalize homosexual behaviour (Canada);
113.2. The Parliament to dismiss the proposed Anti-Homosexuality Bill 2009 (Norway);[1]
113.3. Reject the Anti-Homosexuality Bill and decriminalise homosexual relationships between consenting adults (Slovenia);
113.4 Fulfil its obligations under international human rights law to decriminalise same-sex relationships between consenting adults and repeal any laws or reforms that explicitly discriminate on any grounds, including sexual orientation and gender identity (Norway);
113.5. Repeal laws that discriminate against LGBTs (Belgium);
113.6. Revise its national legislation to decriminalise homosexuality and prohibit all forms of discrimination (Switzerland);
113.7. Remove criminal penalties for offense on the basis of sexual orientation (Australia);
113.8. Study the possibility to decriminalise relationships between consenting adults of the same sex (Argentina);
113.9. Abstain from applying legislation that criminalises homosexuality (Brazil);
113.10. Immediately and unconditionally release all persons currently detained for the reason of homosexuality alone (Switzerland);
113.11. Decriminalise same-sex relations between consenting adults and ensure that no person is subject to arbitrary arrest or detention because of their sexual orientation or gender identity (Austria);
113.12. Derogate the legislation that criminalises the LGBT community, and put an end to the defamatory and harassing campaigns against them (Spain);
113.13. Reconfirm its commitment to protecting the rights of all persons regardless of their sexual orientation or gender identity in anti-discrimination and equal opportunity legislation and bodies (Sweden);
113.14. Repeal all provisions criminalising sexual activity between consenting adults and ensure the same rights for same sex couples as heterosexual couples (Netherlands);
113.15. Ensure equal rights for all individuals, regardless of sexual orientation (USA);
113.16. Fulfil its obligations under international human rights law and ensure the protection of all minorities and repeal any laws or reforms that explicitly or implicitly discriminate on any grounds, including sexual orientation, gender identity and gender expression (Denmark).
V. Adoption of the Report
The report of the Working Group was adopted at the 19th session of the Human Rights Council in March 2012.
Statement by Uganda
Reference was made to proposed legislation on the rights of lesbian, gay, bisexual and transgender persons (LGBT). We would like to point out that this is a Private Member’s Bill, as provided for under our Constitution.
Statements by States and other Stakeholders
Canadian HIV/AIDS Legal Network and 7 Ugandan LGBT organisations
Delivered by Kasha Jacqueline
Madame President,
On behalf of 7 LGBT organizations in Uganda, we commend the Ugandan government on the tremendous improvement in many sectors in recent years.
We also thank the government for positively engaging with the UPR process and accepting many of the recommendations from other states.
We are, however, very concerned by the rejection of recommendations regarding the rights and safety of LGBT persons. Uganda has accepted three recommendations which commit it to investigating and prosecuting attacks and intimidation against LGBTI persons, as well as to proactively take steps to prevent such attacks and discrimination. But the Government has rejected recommendations that would address the root causes of these violations – specifically the continued existence of criminal laws and inflammatory homophobic and transphobic rhetoric by government officials.
Madam President, we ask what specific measures the Government will take to implement the commitment to protect LGBT persons. The Anti-Homosexuality Bill was reintroduced in parliament in February. One week later a workshop on the human rights of LGBTI people was shut down by the Minister of State for Ethics and Integrity. How does the State plan to respect the rights of sexual minorities when it continues to violate their rights to freedom of association and assembly?
Uganda is due to host the Inter parliamentary Union. Through you Madam President we urge the International community to challenge the Ugandan Parliament on the anti human rights nature of the Anti homosexuality Bill.
We call on the State to stand by its commitments and to now take active measures to show their opposition to the Bill. Finally, if this unnecessary, unconstitutional and dangerously discriminatory Bill is passed into law, we would call on this Council to hold Uganda to account. This Bill, if enacted, will inspire unprecedented hate crimes and violations in every area of life. We want Uganda to know the world is watching.
I thank you.
Human Rights Watch
The notorious Anti-Homosexuality Bill has also been reintroduced for debate in parliament. Not only would the bill require Uganda to withdraw from numerous human rights treaties, but it would criminalise legitimate human rights work and put major barriers in the path of effective HIV/AIDS prevention. While it is a private member’s bill, the government should take specific steps to ensure the bill does not pass, and should seek to end discrimination, intimidation and harassment of members of the LGBT community.
International Commission of Jurists
The Anti-Homosexuality Bill has been reintroduced in Parliament. The punishment for acts of aggravated homosexuality is death. The Bill also makes it a crime to “promote homosexuality” and legitimizes violent homophobia and discrimination.
The International Commission of Jurists urges the Government of Uganda to:
- Protect the legitimate exercise of freedoms of assembly, association and expression;
- Ensure that the Anti Homosexuality Bill is not adopted into law;
- Stop the use of military courts to try civilian suspects and ensure compliance by security and prosecutorial officials with fair trial standards; and
- End impunity for gross human rights violations, in particular those implicating State agents.
Rencontre Africaine pour la Defense des Droits de l’Homme
Nous restons préoccupés par des rapports concernant des cas de torture imputés aux organismes de sécurité. En effet, bien que l’Ouganda ait ratifié la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, le pays n’a toujours pas incorporé cette Convention dans son droit interne. Nous invitons aussi les autorités à fournir une éducation aux droits de l’homme aux forces de police et de sécurité. De plus, nous exhortons le gouvernement à réformer son code pénal qui autorise des poursuites et des condamnations motivées par l’orientation sexuelle.
Civicus
The Government of Uganda should ensure that proposed legislations do not interfere with the State’s international human rights obligations. To this end, the Government should consider setting up a separate committee of parliament on human rights; and revisit, review and redraft current bills to ensure they are compliant with the international human rights standards. Bills in this category include but not limited to the public order management bill, the press and journalist amendment bill, and the anti-homosexuality bill.
UN Watch
We join the call by Canada, Australia, Austria, Norway, Belgium, Brazil, Denmark, the Netherlands, Spain, Sweden and Switzerland for Uganda to reject the proposed Anti-Homosexuality Bill. This shocking and discriminatory text would impose criminal penalties, and even in some cases the death penalty, on the basis of sexual orientation.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E
Addendum 4 : E
[1] “Uganda upholds the principle of separation of Powers and therefore the Executive has no control over Parliament. Furthermore, this is a Private Member’s Bill and the Executive has no powers to stop it.” (footnote in draft report of the UPR working group)