Uganda Human Rights Commission advocates for homosexuality to be decriminalised
October 3, 2024Uganda’s state-funded human rights organisation has recently advocated for the protection of queer community rights, amidst the currently-contested Anti-Homosexuality Act being appealed at the Supreme Court.
On September 26, according to ‘Washington Blade’, the Uganda Human Rights Commission called upon President Yoweri Museveni’s government to decriminalise homosexuality and other “victimless crimes” while defending LGBTQ rights. Mariam Wangadya, the commission’s chair, stated, “Criminalizing such acts often results in unjust and disproportionate punishment, especially for vulnerable groups in our society.”
Wangadya, a lawyer and advocate for human rights, expressed the commission’s stance on queer rights in Uganda for the first time since President Museveni signed the Anti-Homosexuality Act in May 2023. She shared this perspective during the annual stakeholders meeting for ACTV-Uganda, an organisation fighting against torture, gender-based violence, and other forms of violence while providing care to victims and survivors for 30 years with support from the commission.
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Wangadya acknowledged ACTV-Uganda’s crucial role in supplying the commission with medical reports that aid in assessing compensation for torture survivors to help them 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 advocacy for LGBTQ+ rights occurred shortly after a meeting on September 14 with two human rights organisations: The Human Rights Awareness and Promotion Forum (HRAPF) and the Support Initiative for People with Congenital Disorders (SIPD), an intersex advocacy group. This meeting explored human rights violations related to sexual orientation, gender identity, and other sex characteristics.
“We must ensure that every person in Uganda enjoys their human rights without discrimination,” Wangadya asserted. The commission also highlighted the necessity of engaging with the intersex group to address their “often-overlooked issues and rights.” Despite Kenya’s recognition of intersex individuals as a protected minority group, Uganda has not yet done the same, and the recent national Census did not account for them.
HRAPF Executive Director Adrian Jjuuko praised the meeting with Wangadya as a “progressive step” toward defending the rights of both the queer and intersex communities. “We commend the commission on creating a space for dialogue on issues of criminalized minorities in Uganda,” Jjuuko said.
Wangadya’s initial meeting with Jjuuko on September 9 focused on HRAPF’s regular reports on violations against sexual minorities in Uganda. Both Wangadya and Jjuuko agreed that everyone deserves protection under the law and emphasised the commission’s role in safeguarding all individuals, regardless of sexual orientation and gender identity.
Jjuuko emphasised the need to address issues with the Judiciary, the police, and the director of Public Prosecutions, accusing them of undermining intersex and LGBTQ+ rights. Wangadya acknowledged the efforts of these judicial bodies in upholding human rights but underscored the importance of learning from Kenya, South Africa, and other countries on handling LGBTQ+ legal matters.
“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 stated. Wangadya also expressed a commitment to adopting HRAPF’s human rights strategies and experiences to enhance the commission’s methods.
HRAPF is dedicated to promoting respect for the rights of marginalised and minority groups in Uganda through advocacy, legal aid, and capacity building. Their August report highlighted ongoing anti-LGBTQ+ violence, despite decreases in evictions and arrests following the enactment of the Anti-Homosexuality Act. The report recorded 56 human rights violations in August, down from 72 in July, with 20 cases (35.7 percent) in August based on sexual orientation or gender identity, compared to 34 cases (41.2 percent) in July. These 20 cases involved violence and threats (10), eviction from housing (nine), and one arrest.
The Uganda Women Human Rights Defenders Network welcomed the commission’s initial meetings with HRAPF and SIPD and urged the state-funded rights body to continue dialogues regularly to foster “an enabling environment for SOGIESC (sexual orientation and gender identity and expression).”
Wangadya’s remarks coincided with a protest organised by activists outside Uganda’s Permanent Mission to the U.N. in New York. In August 2023, the World Bank Group suspended new loans to Uganda in response to the Anti-Homosexuality Act. The activists during the protest urged the World Bank to maintain its suspension of loans to the country.
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Uganda Activists, Lecturers And Others Fight Harsh Anti-LGBTQ+ Law In Court
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Four Arrested For “Acts Of Homosexuality” In Uganda
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