| For a summary of Uganda’s review at the first cycle please click here. |
26th UPR session
Date of review: 3 November 2016
Date of report adoption: 27 December 2016
Document number: A/HRC/34/10
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SUMMARY SOGIESC issues during Uganda’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
54. JS5 and International Commission of Jurists (ICJ) noted that Uganda passed the Anti-Homosexuality Act in early 2014, before it was invalidated procedurally in August 2014. JS3 recommended recognising the Supreme Court’s annulation of the AntiHomosexuality Act. Human Rights Watch (HRW), ICJ, JS3 and JS5 recommended Uganda to repeal other laws that discriminate against LGBTI persons.
55. HRW and JS5 called for investigation and prosecution of all forms of attacks on LGBTI persons. JS5 also urged prohibiting media from inciting violence and parading LGBTI persons.
56. JS9 recommended developing and implementing programmes aimed at addressing the gender stereotypes and norms that tolerate violence against sexual minorities.
57. JS5 noted that the Registration of Persons Act failed to provide transgendered adults a way to officially change sex, and recommended Uganda to repeal it. JS3 noted that many transgender women engage in sex work as a result of discrimination, stigma and unemployment.
Administration of justice, including impunity, and the rule of law
76. HRW and JS5 urged Uganda to prohibit the police force from abusing LGBTI persons. JS3 made similar recommendations, and further recommended strengthening judicial capacity to guarantee every person, and particularly LGBTI people, access to justice.
Right to privacy, marriage and family life
81. JS3 recommended implementing education campaigns to encourage families, public agents and the community in general to reflect on the general prejudices in LGBTI issues.
Right to work and to just and favourable conditions of work
93. ICJ reflected that Uganda’s criminalization of same-sex sexual conducts violated LGBTI persons’ right to work, and urged Uganda to improve LGBTI persons’ access to employment, enjoyment of just and favourable conditions of work, and ability to redress inequality in employment.
Right to health
107. JS9 stated that health laws and policies in Uganda do not recognise the needs of LGBTI persons. JS8, JS9 and ICJ recommended reviewing health policies to include sexual minorities. JS3 made similar recommendations, focusing on transgender persons.
Right to education
111. JS3 noted that transgender persons have been victims of bullying in school, and several have been dismissed from school because of their sexual orientation and gender identity. JS3 recommended providing training to teachers and school management committees on how to not discriminate against students identifying as transgender.
II. Excerpts on SOGIESC issues from the national report
Accountability – Recommendations 38, 39, 60, 64, 65, 67–71 45. Recommendations were made regarding enhancing accountability for human rights violations including: […] d) Investigate and prosecute attacks against the LGBT community and gay rights activists. […]
III. Excerpts on SOGIESC issues by UN agencies
22. On 24 February 2014, the United Nations High Commissioner for Human Rights denounced the anti-homosexuality law signed into force in Uganda, institutionalizing discrimination against lesbians, gay, bisexual and transgender people and encouraging harassment and violence against them. The law imposed sentences of life imprisonment for homosexuality, same-sex marriage and “aggravated homosexuality”.
23. The country team noted discriminatory provisions in the Penal Code Act on “unnatural offences” that support legal and social aversion towards homosexuality and lesbian, gay, bisexual, transgender and intersex persons, and the persistence of harmful traditional practices and stereotypes that perpetuate discrimination against women, children, persons with disabilities, sexual minorities, ethnic minority groups, most at-risk populations and people living with HIV.
24. The Committee on Economic, Social and Cultural Rights was concerned about lesbian, gay, bisexual, transgender and intersex persons being denied access to health care and, in particular, same-sex partners facing serious difficulties in accessing HIV/AIDS related prevention and treatment. The Committee urged Uganda to investigate and deter acts of discrimination against lesbian, gay, bisexual, transgender and intersex people, bring perpetrators to justice and provide compensation to victims.
25. The same Committee expressed concern about the lack of comprehensive anti-discrimination legislation and recommended taking steps to combat and prevent discrimination and societal stigma, in particular against persons with disabilities, persons with albinism and lesbian, gay, bisexual, transgender and intersex individuals, and ensure access to housing, employment, social security, health care and education.
Right to social security and to an adequate standard of living
70. The Committee [on Economic, Social and Cultural Rights] expressed concern about information indicating that many tenants were evicted following the passage of the Anti-Homosexuality Act in 2014 and urged Uganda to investigate all reported cases of illegal evictions of lesbian, gay, bisexual, transgender and intersex persons and ensure that victims are compensated.
IV. References to SOGIESC issues during the Working Group review
54. The Netherlands […] expressed the hope that the access to health services of lesbian, gay, bisexual, transgender and intersex persons would not be limited.
56. There were various institutional safeguards to protect the rights and freedoms of all Ugandans under the Constitution and they were at liberty to seek redress in the event of grievances. For example, the Anti-Homosexuality Act of 2014 had been reviewed by the country’s courts and found unconstitutional. The parameters of discrimination were defined under section 1 of the Equal Opportunities Commission Act, the Act under which lesbian, gay, bisexual, transgender and intersex persons were protected from discrimination. The Government would not accept or tolerate discrimination and/or harassment, including of lesbian, gay, bisexual, transgender and intersex persons. All Ugandans were treated equally, without discrimination. Lesbian, gay, bisexual, transgender and intersex persons who were discriminated against in accessing services or in the enjoyment of certain rights could petition the Commission for redress.
78. Slovenia […] remained concerned about continuous discrimination on the basis of sexual orientation and gender identity.
84. Sweden stated that the Constitution, while protecting freedom of expression and assembly, did not specifically prohibit discrimination on the basis of sexual orientation and gender identity.
89. Ukraine noted the reported persistence of harmful practices and stereotypes targeting women, children, persons with disabilities, sexual minorities, ethnic minority groups and people living with HIV/AIDS.
92. The United States of America remained concerned that the security forces and other authorities continued to violate citizens’ rights to freedom of expression, association and peaceful assembly, including opposition members, journalists and lesbian, gay, bisexual, transgender and intersex persons.
V. Conclusions and/or recommendations
Uganda noted the following recommendations:
117.1 Decriminalize consensual same-sex conduct, starting with the repeal of laws governing unnatural offences and indecent practices, and investigate and prosecute cases of discrimination, intimidation and attacks on lesbian, gay, bisexual, transgender and intersex persons and organizations (Canada);
117.3 Take further measures to combat and prevent all forms of discrimination and social stigmatization, including on the grounds of sexual orientation and gender identity (Chile);
117.4 Take measures to combat rules, practices and stereotypes that cause discrimination and violence against lesbian, gay, bisexual and transgender persons, particularly those that are an attack against their dignity and self-determination with respect to their sexual orientation (Colombia);
117.9 Decriminalize same-sex relationships between consenting adults (Czechia);
117.14 Repeal the legal provisions that provide for the criminalization of lesbian, gay, bisexual, transgender and intersex persons, in respect of the principle of non-discrimination (France);
117.23 Adopt measures to combat and prevent discrimination and social stigmatization, in particular of persons with disabilities, persons with albinism, and on the grounds of sexual orientation or gender identity (Guatemala);
117.27 Investigate and prosecute State actors and individuals perpetrating violence against LGBTI persons (Iceland);
117.31 Repeal the law against homosexuality, which facilitates discrimination against lesbian, gay, bisexual and transgender people, encourages harassment and violence against them and imposes sentences of life imprisonment for the offenses of homosexuality, same-sex marriage and “aggravated homosexuality” (Mexico);
117.36 Increase access to sexual and reproductive health services for vulnerable groups, including sexual minorities, by raising the health budget to 15 per cent in line with the Abuja Declaration on Roll Back Malaria in Africa (Netherlands);
117.38 Respect, protect and promote the human rights of all persons, without discrimination on any grounds, including sexual orientation, gender identity or same-sex relationships between consenting adults (Norway);
117.46 Decriminalize consensual same-sex sexual relations, de-legalize discrimination against lesbian, gay, bisexual and transgender persons and discourage harassment and violence against them (Slovenia);
117.48 Amend the law against homosexuality and the Penal Code, which criminalizes homosexual conduct (Spain);
117.49 Take all necessary measures to ensure that the human right to nondiscrimination is applied and that the human rights of all persons, including lesbian, gay, bisexual, transgender and intersex persons, are fully respected and protected (Sweden);
117.54 Repeal the provisions of the penal code that penalize same-sex relations between consenting adults and put an end to the detention and harassment of LGBTI activists and allow them to freely exercise their right to assembly and peaceful protest (Uruguay);
117.58 Adopt the necessary measures to repeal all legislation that discriminates against and penalizes persons because of their sexual orientation (Argentina);
117.59 Repeal the Penal Code provisions criminalizing sex between consensual same-sex partners and remove discriminatory language against lesbian, gay, bisexual, transgender and intersex persons or minority groups or their supporters (Australia);
117.61 Repeal all legislation giving rise to discrimination against people on grounds of their sexual orientation or gender identity and refrain from reintroducing the Anti-Homosexuality Act, annulled by the Supreme Court in 2014 (Austria);
117.64 Decriminalize same-sex relations and review national legislation with a view to promoting equality and preventing discrimination of any kind (Brazil).
VI. Further information
You will find all documents relating to Uganda’s second review at UPR-Info and OHCHR’s websites.