International Mechanism Submissions

The Advocates for Human Rights submitted a stakeholder report relating to LGBTQI+ rights in Uganda for the 40th session of the Working Group on the Universal Periodic Review. 

Actual or perceived LGBTQI+ individuals in Uganda live in a hostile and sometimes deadly environment. Uganda continues to criminalize homosexuality, prohibits same-sex marriage, and does not prohibit discrimination against LGBTQI+ persons in housing, employment, and access to government services. LGBTQI+ individuals also suffer discrimination in access to health services to their right to education. LGBTQI+ individuals in Uganda are targeted for violence because of their sexual orientation and/or gender identity, including from Ugandan officials, police, and private individuals. The Ethics and Integrity Minister also proposed imposing the death penalty for same-sex relations, resulting in increased attacks against LGBTQI+ persons. The Ugandan police have arbitrarily arrested individuals on multiple occasions, with the police often raiding locations where members of the LGBTQI+ community met. In 2020, the government began using COVID-19 as pretext for arresting LGBTQI+ individuals and shutting down shelters that accepted LGBTQI+ individuals. Multiple sources report that LGBTQI+ persons are subjected to physical and sexual violence while in detention. In light of these dangers, members of the LGBTQI+ community report they are forced to hide their opinions on sexuality and gender identity, and LGBTQI+ activism has to remain underground. 

The authors of the report suggest the following recommendations for Uganda: 

• Adopt a moratorium on punishing individuals under Chapter XIV Section 145(a) and 145(c), with a view to repealing the same and decriminalizing homosexuality. 

• Repeal all sections of the Sexual Offenses Bill, 2019 that criminalize or increase punishments for same-sex relations between consenting adults, impose reporting obligations on family members' of LGBTQI+ individuals, or allow for prosecution of LGBTQI+ Ugandans participating in consensual same-sex relations outside of Uganda. 

• Investigate all attacks on LGBTQI+ individuals and their community and prosecute perpetrators of such attacks. 

• Stop pretextual arrests of LGBTQI+ individuals. 

• Enact laws prohibiting discrimination against LGBTQI+ persons, including in education, housing, employment and access to services. 

• Take active steps to improve the public's opinion of the LGBTQI+ community with the goal of preventing discrimination and harassment of and violence towards LGBTQI+ individuals.