Increasing Threats Toward LGBTI+ People in Uganda

13/05/2023

Written by Clara Delhaye 

Translated by Manon Picot 

At the end of March 2023, the Ugandan Parliament passes a law threatening the rights of LGBTI+ people. This law criminalises the fact to identify yourself as something different than men or women or to identify yourself as LGBTI+. It also goes further as it prohibits every contact that might be the beginning of a homosexual act, or “the offence of homosexuality [loose translation]” and reaffirms the ban of “marriage for all^[1]« l’infraction d’homosexualité ». Human rights watch, (9 mars 2023), Uganda: New Anti-Gay Bill Further Threatens Rights, HRW.org, … Continue reading^[2]NDLT : « Mariage pour tous.tes » is the French term encompassing same-sex marriage but also marriage between LGBTI+ people who do not recognize themselves in the binary gender system. … Continue reading”. Facing international pressure, the Ugandan president, Yoweri Museveni, refused to ratify the bill, leading it to face a re-examination by Parliament^[3]Le Monde, (27 avril 2023), Homosexualité en Ouganda : le président demande un « réexamen » d’une loi anti-LGBT+ controversée, Le monde Afrique, … Continue reading. For example, the members of Parliament deleted the sanctions linked to the simple fact of being LGBT+, but condemned recidivism with the death penalty. These two texts are part of a homophobic legislation history, which is the consequence of multiple factors already present in Uganda. Then, to what extent is the Ugandan law of the 23rd of March 2023 simply the consequence of years of anti-LGBTI+ policies in Uganda and Eastern Africa? 

Ugandan laws have been part of a policy against LGBTI+ rights for several decades 

Uganda has had particularly homophobic laws for several years now. In 2009 for example, an important bill project emerged, which was finally voted by the Parliament in 2014. This bill was strongly criticized by national and international NGOs^[4]Human Rights watch, (15 octobre 2009), Uganda: ‘Anti-Homosexuality’ Bill Threatens Liberties and Human Rights Defenders, hrw.org, … Continue reading. Commonly referred to as the “anti-homosexuality” law, the text initially provided for a ban on “promoting homosexuality” or prison terms for anyone refusing to denounce LGBTI+ people they knew. The bill was passed by the Parliament but was invalidated by the Constitutional Court for reasons of form rather than content. This point is important because it was not the violation of human rights that led to the invalidation of the bill, but the fact that members of parliament did not respect the procedure^[5]Human rights watch, (24 février 2014), Uganda: Law Rolls Back Basic Rights, hrw.org, https://www.hrw.org/news/2014/02/24/uganda-law-rolls-back-basic-rights.  Moreover, as soon as from October 2014, members of the Ugandan ruling party disseminated a new bill entitled “Prohibition of Promotion of Unnatural Sexual Offences Bill^[6]« Projet de loi interdisant la promotion des pratiques sexuelles contre nature ». Human rights watch, (24 février 2014), Uganda: Law Rolls Back Basic Rights, hrw.org, … Continue reading[loose translation]”. This position is consistent with the first legal texts as the Ugandan Penal Code created in 1950 which stated in article 145 that “Any person who — (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life^[7]« Toute personne qui (a) a une relation charnelle contre l’ordre naturel avec toute personne ; ou (c) permet à un homme d’avoir avec lui ou elle une relation charnelle contre nature ; commet … Continue reading[loose translation]”. These texts also give a lot of power to violent police action. Human Rights Watch even talks of harassment^[8]Human right watch, (17 novembre 2019), Ouganda : Mettre fin au harcèlement des personnes LGBT par la police, HRW.org, … Continue reading. Indeed, the Ugandan police can use violence without being worried. Some Pride have even been banned, with the police investing the places where the Pride was due to take place^[9]GRILLHOT, G, (17 aout 2017), Ouganda : intimidée par la police, la communauté LGBT annule la Gay Pride, Le monde Afrique, … Continue reading. 

In that sense, the law of March 2023 is rooted in a genuine legal and political will to condemn sexual relations between people of the same sex. These laws and projects have been criticized on the international stage since 2009, notably by Barack Obama^[10]RAGHAVA, S, (24 février 2014), Ugandan leader signs harsh anti-gay bill despite warning from Obama administration, The Washington post, … Continue reading, international NGOs^[11]Anonyme, (24 février 2014),  L’Ouganda renforce la répression de l’homosexualité malgré la pression internationale, Les Échos, … Continue reading or the European Parliament^[12]Parlement européen, (24 octobre 2019), ésolution du Parlement européen du 24 octobre 2019 sur la situation des personnes LGBTI en Ouganda, résolution 2019/2879(RSP), … Continue reading. All the more so as Uganda is a signatory to several international conventions prohibiting harming people because of their sexual orientation^[13]Médecin sans frontières, Dictionnaire pratique du droit humanitaire « ouganda », https://dictionnaire-droit-humanitaire.org/content/conventions/by-country/134-ouganda/. However, for the Ugandan government, the international declarations made by Western States on their laws concerning homosexuality are a form of “social imperialism”.  Social imperialism is a theory developed by Marxist movement that originated in Lenin’s book: Imperialism, the Highest Stage of Capitalism. In this book, he explains that States are “socialist in words, and imperialists in deeds^[14]«  Socialistes dans les mots et impérialistes dans les faits ». LENIN, V.I (1916), « Imperialism, the Highest Stage of Capitalism », Progress Publishers,  Moscow, Volume 1, pp.82, … Continue reading[loose translation]”. Applied to this case, the idea would be that under the pretext of socialist and progressive positions, the West is pursuing its imperialism in Africa. For the Ugandan president, Yoweri Museveni, the United States and the West claim to be socialists, but in their attitudes, they are continuing colonisation by imposing a way of thinking on Africa, by forcing it to promote LGBTI+ rights^[15]KELLEHER, P, (13 janvier 2021), Ugandan president calls LGBT+ people are ‘deviants’ while falsely claiming ‘they are not persecuted’, The pink news, … Continue reading. This speech can be linked to the idea that homosexuality is a Western reality, and not an African one^[16]EVARISTO, B, (8 mars 2014), The idea that African homosexuality was a colonial import is a myth, The … Continue reading. In that sense, the 2023 law and the previous ones would therefore fight Western imperialism, involved in the development of LGBTI+ movements^[17]KELLEHER, P, (13 janvier 2021), Ugandan president calls LGBT+ people are ‘deviants’ while falsely claiming ‘they are not persecuted’, The pink news, … Continue reading. Thus, they affirm Ugandan’s lgbtiphobic policy.

Multiple homophobic social pressures: between religious force and the weight of the press

However, historically, the criminalisation of sexual relations between same-sex people in Uganda stems from the Penal Code imposed by the British settlers. Before that, Eastern Africa, of which Uganda is a part, was particularly tolerant toward sexual orientation and gender identity thematic^[18]BRIGHT, A, (21 octobre 2021), Did Europe Bring Homophobia to Africa ?, African American Intellectual History Society (AAIHS),  https://www.aaihs.org/did-europe-bring-homophobia-to-africa/. According to the current Ugandan government, while LGBTI+ movements originated in the West, their criminalisation also dates back to the colonial empire. Some authors even claim that current policies and the criminalisation of homosexuality in Eastern Africa, notably in Uganda and Botswana, have to do with the “British import” that was developed “without consulting the people^[19]« import britannique », « sans la consultation du peuple ». BUCKLE, L (01 octobre 2020), African sexuality and the legacy of imported homophobia, stonewall.org,  … Continue reading[loose translation]”. One of the most powerful forces in the fight against homosexuality in Uganda is the Evangelical church, which also come from the West, and more precisely from the United States.  According to some authors, there are profound links between white American evangelical Christianity and the increasing endangerment of LGBTI+ people in Uganda and more widely in Eastern Africa^[20]OKEREKE, C (19 mars 2023), How U.S. Evangelicals Helped Homophobia Flourish in Africa, Foreign Policy, https://foreignpolicy.com/2023/03/19/africa-uganda-evangelicals-homophobia-antigay-bill/. For that matter, the man at the head of the Ugandan evangelical movement is for example the American Creflo A. Dollar^[21]Son site internet : https://www.creflodollarministries.org, who created many media outlets to establish the Evangelical church in Ugandan culture and pass on his conservative and homophobic ideas^[22]BATARD, A, (janvier 2008), Le lobby évangélique à l’assaut de l’Ouganda, Le monde diplomatique, pp.18-19, https://www.monde-diplomatique.fr/2008/01/BATARD/15486.

The Evangelicals mainly rely on the poverty and social misery of the Ugandan population, promising to offer them a better life. This movement is so widespread that some articles use the term “evangelical lobby^[23]BATARD, A, (janvier 2008), Le lobby évangélique à l’assaut de l’Ouganda, Le monde diplomatique, pp.18-19, https://www.monde-diplomatique.fr/2008/01/BATARD/15486” to describe the strength of the Evangelical Church in Uganda, which is taking root in the political field and takes stand on LGBTI+ thematic. According to the Evangelical church, homosexuals are people to be saved by conversion and denial of their homosexuality^[24]OKEREKE, C (19 mars 2023), How U.S. Evangelicals Helped Homophobia Flourish in Africa, Foreign Policy, https://foreignpolicy.com/2023/03/19/africa-uganda-evangelicals-homophobia-antigay-bill/. This way, these people would be able to free themselves from homosexuality, the “evil” that inhabits them^[25]Exemple d’une « victime » de l’homosexualité … Continue reading. Thus, many testimonies of former LGBTI+ people are flourishing in Uganda, relayed by the Evangelical Church, which claims to ensure their salvation through renunciation.

There is, therefore, an intrinsic link between the media and the prevailing and political homophobia in Uganda. Media are used by the Evangelical church to relay this anti-LGBTI+ speech. Although media are rather detached from the church, some have a homophobic editorial line, as the journal Red Pepper. On several occasions, this journal published lists of first and last names of LGBTQI+ personalities, or those suspected to be so. These publications began in 2007, but the most recent dates back to 2014^[26]Unknow, (25 février 2014), Ugandan ‘homosexuals’ named in Red Pepper paper, BBC, https://www.bbc.com/news/world-africa-26338941. It is a significant power with influence over the population and public opinion.

It can therefore be said that these laws are the result both of a homophobic press and policy, and of a religious impulse. It is the sum of these three actors that unsurprisingly led to especially dangerous laws^[27]KELLEHER, P (25 mars 2023), Uganda’s anti-LGBTQ+ bill is result of ‘coordinated’ push by evangelical and foreign groups, The pink news, … Continue reading.

LGBTI+ associations powerless in the face of the growing influence of homophobiain Uganda and in Eastern Africa

The main problem lies in the scale of these three forces: media, religious and legal. At present, well-known LGBTI+ figures have been publicly “outed” and LGBTQI+ organizations have been hindered. The association “Sexual Minorities Uganda”, known as SMUG, has been the target of numerous hate speeches before being finally dissolved in 2022. Officially for legal reasons, unofficially for ideological ones^[28]NYEKO, O (12 aout 2022), Uganda Bans Prominent LGBTQ Rights Group : End Harassment, Allow Group to Operate, hrw.org, https://www.hrw.org/news/2022/08/12/uganda-bans-prominent-lgbtq-rights-group. This abolition is part of a tug of war between the State and LGBTI+ organizations. Back in 2016, the Non-governmental Organizations Act stated that “an organization cannot be registered under this law if the goals of the organizations, as specified in its constitution, are contrary to the laws of Uganda^[29]« Une organisation ne peut pas être enregistrée en vertu de cette loi si les objectifs de l’organisation spécifiés dans sa constitution sont contraires aux lois de l’Ouganda». Parlement de … Continue reading[loose translation]”. In this case, LGBTI+ organizations are contrary to the Ugandan legislation as they promote and help the LGBTI+ community. This goes even further because the very name of the organization was contested by the relevant authorities^[30]NYEKO, O (12 aout 2022), Uganda Bans Prominent LGBTQ Rights Group : End Harassment, Allow Group to Operate, hrw.org,  https://www.hrw.org/news/2022/08/12/uganda-bans-prominent-lgbtq-rights-group. While the SMUG’s example is the more recent, numerous associations have been suspended by the government from 2021^[31]Human rights watch, (27 aout 2021), Uganda: Harassment of Civil Society Groups, hrw.org, https://www.hrw.org/news/2021/08/27/uganda-harassment-civil-society-groups. The Ugandan government, by banning groups and associations capable of addressing political homophobia or homophobic police actions, is violating its human rights obligations. Any internal contestations are stifled, further reducing the protection of LGBTI+ people.

Unfortunately, Uganda is not the only country in Eastern Africa to wage an actual against LGBTI+ people and associations. Somalia, for example, does not authorize homosexuality or marriage between same-sex persons. The country also allows conversion therapies and punishes every homosexual act with the death penalty^[32]Equaldex, Somalia, https://www.equaldex.com/region/kenya. The situation is the same in Kenya, where homosexual relations are nevertheless sanctioned by imprisonment^[33]Equaldex, Kenya, https://www.equaldex.com/region/kenya. In an Amnesty International report called “When loving becomes a crime^[34]« Quand aimer devient un crime ». Rapport Amnesty international, « Quand aimer devient un crime », 2013, … Continue reading[loose translation]” published in 2014, testimonies concerning homophobic attacks and violence were numerous. If the situation was already worrying NGOs at the time, the situation has now worsened in Eastern Africa^[35]Cullinan, K, (03 mars 2023), Sharp Rise in Homophobia in East Africa Sparks Fear of Violence, Health Policy Watch,https://healthpolicy-watch.news/sharp-rise-in-homophobia-in-east-africa/. 

These situations have led to significant migratory phenomena. Hundreds of Ugandan LGBTI+ people fled to Kenya following the 2013 law banning same-sex sexual activities and criminalizing any support for the LGBTI+ community^[36]ZOMORODI, G, (mai 2016), Responding to LGBT forced migration in East Africa, vol.52, Forced Migration Review, https://www.fmreview.org/sites/fmr/files/FMRdownloads/en/solutions/zomorodi.pdf. This is known as forced migrations, as it is carried out because of the risks to which LGBTI+ people are exposed in Eastern Africa. Such migrations remain a reality. They also expose LGBTI+ people to violence because neighbouring countries to which they go do not protect their rights^[37]CHECCHI, F, LAU, K, YARWOOD, V, ZIMERMAN, C,  (13 janvier 2022), LGBTQI + Migrants: A Systematic Review and Conceptual Framework of Health, Safety and Wellbeing during Migration, Int J Environ Res … Continue reading. As a result, there are few concrete solutions for LGBTI+ people and associations in Uganda and in Eastern Africa in general.

The non-enactment of the new May 2023 text: last hope in the face of the collapse of LGBTI+ people’s rights in Uganda

Eastern Africa is now far away from Mwanga II, the bisexual king of Uganda from 1889 to 1897, who ruled the country for almost ten years. This law described as “draconian” by Amnesty International raises questions about the limits of human rights and the power of LGBTI+ associations in Uganda. If international pressures, notably from NGOs, have led to the law being amended, the current text remains dangerous for Ugandan LGBTI+ people. The Ugandan president may still refuse to sign the new bill. However, it seems unlikely, indeed, if President Museveni refused the first time, he remains politically opposed to LGBTI+ rights. The ratification of this text would mark the collapse of the rights of LGBTI+ people in Uganda.

To quote this article: Clara Delhaye (2023). Increasing Threats Towards LGBTI+ People in Uganda. Gender in Geopolitics Institute. igg-geo.org/?p=13185&lang=en

The statements in this article are the sole responsibility of the author.