Attacks on LGBTQ+ Rights in Uganda
Whilst communities worldwide celebrate Pride throughout the month of June, the Ugandan LGBTQ+ community has been forced into hiding. On 26 May, Ugandan President Yoweri Museveni signed into law one of the world’s toughest anti-homosexuality acts. The bill has attracted widespread international condemnation. Most importantly, it has critically impacted the lives of LGBTQ+ individuals, both within Uganda and in the broader region.
LGBTQ+ Rights in Africa
Uganda’s newest legislation emerges within a wider context of widespread homophobia. The African continent still imposes more anti-LGBTQ+ laws than many other parts of the world. Few national legal frameworks offer basic protections for LGBTQ+ individuals, particularly from rampant discrimination in schools and workplaces. Most countries instead prescribe stringent and restrictive policies against LGBTQ+ communities. Fines and prison time are common penalties for same-sex relationships and gay sex. Nigeria imposes flogging as punishment, while other countries like Mauritania, Sudan, and Somalia, stipulate the death penalty. Ghana introduced a strict anti-gay bill in late 2022, while Kenya and Tanzania have recently introduced strict legislation alongside Uganda. Meanwhile, countries where homosexuality is decriminalised, like Egypt, have adopted “vague laws against prostitution [...] and ‘debauchery’” to surveil those deemed to be LGBTQ+. Legislation in African countries largely mirrors public sentiment; polls conducted by Afrobarometer between 2016 and 2018 found that 78% of Africans across 34 countries were intolerant of homosexuality. Analysts have pointed to several contributing factors, including the legacy of colonialism, the influence of the Christian and Islamic religions, and modern African electoral politics. To win support and downplay their failures, politicians have demonised LGBTQ+ identities as “contrary to culture norms” and as a “western import that threatens social cohesion.”
As a result, LGBTQ+ communities across Africa are frequent victims of violence, hate crimes, and long prison sentences. In many countries, the extent of violence is likely under-estimated, as many instances go unreported. LGBTQ+ individuals also suffer from limits on their freedom of expression, as governments ban LGBTQ+ rights groups from registering as NGOs and instruct police forces to raid pride events. Media outlets often spread disinformation about LGBTQ+ individuals, which perpetuates stigma. Additionally, gay men are disproportionately affected by illnesses like HIV, but refrain from seeking medical assistance out of fear.
Nevertheless, there has been some progress. Same-sex relations are currently legal in 22 of Africa’s 54 countries, up from 15 in the 1990s. Countries like Angola, Botswana, Gabon, and Mozambique have all decriminalised homosexuality in the last decade, while Namibia has recognised same-sex marriages abroad. An Afrobarometer poll found that majorities in Cape Verde and Mauritius are tolerant of homosexuality. South Africa remains the most accepting country in the continent, as its constitution uniquely safeguards LGBTQ+ people. It prohibits discrimination of LGBTQ+ communities and allows for same-sex marriage. However, a 2016 International LGBTI Association poll revealed that only 40% of South Africans approved of same-sex marriage and human rights activists have reported a lack of enforcement of LGBTQ+ rights.
Despite the extensive risks, LGBTQ+ communities across Africa have continued to push for social change, particularly in the midst of social unrest. In 2020, the Nigerian LGBTQ+ population capitalised upon the #EndSARS movement against police brutality to promote inclusivity. This was especially important for queer people, suffering disproportionately at the hands of police and security forces.
Uganda’s New Anti-LGBTQ+ Law
Counter to movements for social progress elsewhere in Africa, Uganda’s most recent bill virtually terminates LGBTQ+ individuals’ rights. Same-sex relations were already illegal in the country since Uganda’s colonial era. In 2014, a proposed anti-LGBTQ+ law was struck down on procedural grounds. Yet, the newly-passed legislation further represses the LGBTQ+ community. It imposes the death penalty for “aggravated homosexuality,” defined as cases of homosexual relationships involving HIV-positive individuals, minors, and disabled persons. It stipulates life imprisonment for homosexuality and a 10-year sentence for attempted same-sex acts. It ordains a 20-year sentence for “promoting homosexuality.” Friends, family members, neighbours, and doctors are required to report any suspected homosexual individuals to the police and are otherwise liable to fines or imprisonment. Landlords also face prison time from renting to LGBTQ+ persons.
A draft of the bill was passed earlier in April. Yet, President Museveni returned it to the national assembly, noting that the “law should be clear so that what is thought to be criminalised is not the state of one having a deviant proclivity but rather the actions of one acting on that deviancy.” He also proposed that the bill should include a clause on the “issue of rehabilitation.” These amendments have done little to reassure the Ugandan LGBTQ+ community. A statement from US President Biden reveals that reports of violence and discrimination targeting LGBTQ+ individuals in Uganda have risen since the approval of the newest bill. Ugandans have been evicted from their homes and fired from their jobs. Many fear seeking medical attention.
This legislation forms part of Ugandan efforts to resist “outside interference” and to “protect Uganda’s values from Western immorality.” President Museveni commended lawmakers for “reject[ing] the pressure from the imperialists.” This evidences the west’s dwindling ideological sway over Uganda and the African continent more broadly.
International Consequences
Uganda’s anti-LGBTQ+ bill has provoked extensive international outcry from western governments and human rights organisations. US President Biden labelled the law a “shameful act” and a “tragic violation of universal human rights.” European Union foreign policy chief Josep Borrell criticised the bill for contravening international human rights laws, claiming it would negatively affect the country’s external relations. The United Kingdom’s Foreign Office firmly opposed the “deeply discriminatory” law, suggesting it will “increase the risk of violence, discrimination and persecution, will set back the fight against HIV/AIDs, and will damage Uganda’s international reputation.” Amnesty International had also urged President Museveni to veto the “draconian” bill in late April, to no avail.
Beyond verbal criticism, the United States has imposed travel restrictions on Ugandan officials, although it did not clarify which officials would be targeted. Meanwhile, the Biden administration is evaluating the implications of the anti-LGBTQ+ law on “all aspects of US engagement with Uganda.” The US may cease providing its $1 billion of annual assistance and its services under the US President’s Emergency Plan for AIDS Relief. The US government is also reviewing Uganda’s eligibility for the African Growth and Opportunity Act, which provides sub-Saharan African countries with duty-free access to the US market for a vast selection of goods. The US Department of State claims to be “develop[ing] mechanisms to support the rights of LGBTQI+ individuals in Uganda.”
Biden’s measures are likely to have little impact on Ugandan policymaking. After the 2014 bill was tabled by Ugandan officials, several western governments suspended some aid, imposed visa restrictions, and halted security cooperation. These policies had no effect on the law; it was repealed on procedural grounds, not because of international pressure. Further, western attempts to punish Uganda for passing anti-LGBTQ+ laws may backfire. External interference in Ugandan social affairs could trigger further violence and discrimination towards LGBTQ+ communities.
Domestic and Regional Implications
Alongside the widespread international condemnation, LGBTQ+ communities have pushed back against the newest law. Human rights activists have criticised the legislation for “legalising hate, homophobia, transphobia and alienating a section of Ugandan citizenry.” Medics have claimed that the law breaches “ethical codes and health policies,” while lawmakers have slammed the bill as “unconstitutional.” Others have branded the bill a “convenient distraction from widespread corruption and lack of public services.” Yet this resistance only represents a small minority. The law is widely supported within a very religious Uganda. The effects of this legislation will prove increasingly evident in the coming months, both in Uganda and across the broader region.
Within Uganda, the newest bill is likely to exacerbate existing harassment and discrimination against the LGBTQ+ community. This was witnessed after the now-scrapped Anti-Homosexuality Act was passed by the government in 2014. People faced a notable increase in arbitrary arrests, police abuse, extortion, evictions, reduced access to public services, and even torture because of their identity. In four cases, men accused of being gay were kidnapped and tortured. A few months after the bill was passed, a 17-year old boy committed suicide by swallowing rat poison and pills because he “felt his life had no further value.” Others were evicted on suspicion of “being indecent.” The newest bill virtually gives homophobes validation in their attacks on LGBTQ+ individuals and provides a “carte blanche” for the government to violate their human rights. UN agencies predict this law will prevent LGBTQ+ individuals from seeking education as well as medical treatments. Sexual Minorities Uganda, a local NGO, received an immense uptick in pleas for help after people were reportedly blackmailed and followed.
It is unlikely that this new law can be fully enforced. However, precisely because of this, even minor indications of culpability will be subjected to vigilant monitoring and penalties. Simultaneously, the mere rhetoric surrounding the law will encourage greater violence in a country where homophobia has been historically pervasive.
Many Ugandans have fled to neighbouring Kenya in search of safety. A 37-year-old gay man recounts escaping prison in Uganda and crossing the border into Kenya aboard a cargo truck, a journey that cost him 37,700 Ugandan shillings ($10). According to the UNHCR, Kenya currently hosts an estimated 1,000 LGBTQ+ refugees and remains the only country in the region to accept asylum-seekers fleeing persecution on grounds of sexual orientation or gender identity.
Unfortunately, Ugandan LGBTQ+ refugees are unlikely to find greater protection in Kenya. The country has also proven to be highly homophobic. Landlords have started evicting LGBTQ+ tenants. One engineering student describes being attacked, and was told to move out of Nairobi for being “dressed like a lady [despite being] a man.” Meanwhile, lawmakers have proposed a total ban on merely discussing same-sex marriage and have prepared another bill imposing life sentences for persons “found promoting or engaging in homosexuality.” Most recently, several Kenyan policy makers have drafted a Uganda-style anti-LGBTQ+ law. It would introduce a 10-year prison sentence for gay sex and capital punishment for ‘aggravated homosexuality.’ It would also terminate asylum-granting on the basis of sexual orientation and thus, put an end to Kenya’s status as a a relative regional safe haven for the LGTBQ+ community. Both advocates and opponents claim there it is a decent chance that it may become law, given the successful enactment of the anti-LGBTQ+ law in Uganda and the well-organised and financed anti-LGBTQ+ voices within Kenya.
Policy makers in Tanzania and South Sudan have moved to introduce similar policies. This may be suggestive of a broader anti-LGBTQ+ trend in the region. Lawmakers have portrayed the issue as an “existential battle to save African values and sovereignty” from Western encroachment.
Conclusion
The widespread international condemnation of the Ugandan bill seems insufficient to counterbalance the strong anti-LGBTQ+ push from within the country and in the broader region. Western countries will need to tread carefully as they enact more stringent measures while risking to provoke greater anti-LGBTQ+ violence in Uganda as a result. They will also need to balance security imperatives alongside human rights concerns. Countering terrorism in the region remains a key priority for the US. Withdrawing aid to Uganda may hinder such efforts, while also putting the LGBTQ+ community’s rights at further risk. Indeed, the US is set to deliver $20 million in military aid despite the new law, according to a spokesperson with the US State Department’s Bureau of African Affairs. This may allow the US to maintain some influence over Ugandan policymaking and help encourage greater inclusivity in the longer run.
Uganda’s newest legislation may set a precedent for the enactment of increasingly stringent anti-LGBTQ+ measures across East Africa and will pose a growing obstacle to the enforcement of international human rights. As violence and discrimination increase within the country, and as neighbouring countries consider introducing similar policies, Ugandans will face ever-more limited options to ensure their safety. More accepting countries like South Africa can play a critical role here; welcoming Ugandan refugees and pushing back against the region’s growing intolerance may give the LGBTQ+ community some respite and hope. Yet widespread homophobia among the public, notwithstanding more inclusive national laws, will pose a critical challenge for the safe integration of LGBTQ+ refugees in countries of arrival. Further, these moves may also create rifts between more conservative and progressive African states and strain intra-continental relations. It will soon become clear whether regional and international actors’ political, economic, and security imperatives will overshadow concerns for human rights violations in Uganda.