LGBT rights in Uganda
Encyclopedia
Lesbian, gay, bisexual, transgender (LGBT) persons in Uganda have virtually no orientation-related protections at all. Both male and female homosexual activity is illegal. Prior to 2000, only male homosexuality was criminalized, then in 2000 under the Penal Code Amendment (Gender References) Act 2000 all references to "any male" was changed to "any person" so that lesbianism was also criminalized as well.
As do many other countries in Africa, Ugandan culture regards homosexuality
as taboo. In spite of this, BBC News estimates that roughly half a million LGBT people in the country. According to the Pew Global Attitudes Project poll in 2007, 96% of Ugandans said that homosexuality should be rejected by society, making it one of the highest rejection of homosexuality in the 45 countries surveyed. A poll conducted in 2010, however, in the wake of Uganda's anti-homosexuality bill
, revealed that 11% of Ugandans viewed homosexuality as being morally acceptable, while only 2% of respondents (per country) in Cameroon
, Kenya
, and Zambia
found homosexuality to be morally acceptable.
A new bill has been introduced to parliament, providing for harsher penalties for homosexuals, including the death penalty for "repeat offenders."
1886 persecution of Christian pages was largely motivated by their rejection of his sexual advances.
Laws prohibiting homosexual activity were first put in place under British colonial rule in the 19th century. Such laws were retained following independence and enshrined in the Penal Code Act of 1950:
“Any person who—
(a) has carnal knowledge of any person against the order of nature;
(b) has carnal knowledge of an animal; 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.”
“Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years.”
Other:
§ 146 prohibits “attempts“ to commit offence specified in § 145 [7 years]
Homosexuality has been referred to as "carnal knowledge of another against the order of nature" by the Ugandan government.
signed into law a constitutional amendment prohibiting same-sex marriage, making Uganda the second country in the world to do so. According to the amendment, “marriage is lawful only if entered into between a man and a woman,” and “it is unlawful for same-sex couples to marry".
On 12 September 2008, in a case against the Attorney General of Uganda, brought by LGBT activists Yvonne Oyoo and Victor Juliet Mukasa, the High Court through High Court Judge Stella Arach set a precedent and stated affirmatively that at least articles 23, 24 and 27 of articles 20 to 45 of the Ugandan Constitution do apply to the GLBT community.
The Ugandan Constitution of 1995 offers broadbased protection against discrimination, through article 21, sections 1–5.
introduced the Uganda Anti-Homosexuality Bill
which would broaden the criminilization of same-sex relationships in Uganda
, introducing the death penalty for repeat convictions, HIV-positive people engaging in sexual activity with people of the same sex or with those under 18. Under this bill, individuals or companies promoting LGBT rights would be penalized. Ugandan citizens would be required to report any homosexual activity within 24 hours or face a maximum penalty of three years imprisonment, and Uganda would request extradition if Ugandan citizens were having same-sex relationships outside the country.
, "For years, President Yoweri Museveni's
government routinely threatens and vilifies lesbians and gays, and subjects sexual rights activists to harassment." The U.S. State Department's
2006 Country Report on Human Rights for Uganda stated that homosexuals "faced widespread discrimination and legal restrictions." It is illegal for homosexuals to engage in sexual acts; the maximum sentence for engaging in such acts is life imprisonment.
In 2004, Radio Simba was fined over $1,000 and forced to issue a public apology after hosting homosexuals on a live talk show; Information Minister Nsaba Buturo said the measure reflected Ugandans' wish to uphold "God's moral values." "We are not going to give them the opportunity to recruit others," he added.
Earlier that year, Human Rights Watch
reported that Uganda's "abstinence-until-marriage" HIV programs "intrinsically discriminate on the basis of sexual orientation."
, published a list of the first names and professions of 45 allegedly gay men, many of whom suffered harassment as a result.
In 2010, Giles Muhame's tabloid paper Rolling Stone
published the full names, addresses, and photographs of 100 prominent and allegedly gay Ugandans, accompanied by a call for their execution. Gay rights activists, including David Kato
and other members of Sexual Minorities Uganda
, filed suit against the tabloid, which was ordered to stop outing suspected gays and to pay 1.5 million Ugandan shillings plus court costs to each of the plaintiffs. The judge ruled that the outing, and the accompanying incitation to violence, threatened the subjects' "fundamental rights and freedoms," attacked their right to human dignity, and violated their constitutional right to privacy.
, founded in 2004. David Kato
, a SMUG officer who was considered the father of Uganda's gay rights movement, was beaten to death in January 2011. Activist Kasha Nabagesera
was awarded the Martin Ennals Award for Human Rights Defenders
in 2011.
As do many other countries in Africa, Ugandan culture regards homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
as taboo. In spite of this, BBC News estimates that roughly half a million LGBT people in the country. According to the Pew Global Attitudes Project poll in 2007, 96% of Ugandans said that homosexuality should be rejected by society, making it one of the highest rejection of homosexuality in the 45 countries surveyed. A poll conducted in 2010, however, in the wake of Uganda's anti-homosexuality bill
Uganda Anti-Homosexuality Bill
Uganda's Anti-Homosexuality Bill is a legislative proposal that would broaden the criminalisation of same-sex relations by dividing homosexual behavior into two categories: "aggravated homosexuality", in which an offender would receive the death penalty, or "the offense of homosexuality" in which...
, revealed that 11% of Ugandans viewed homosexuality as being morally acceptable, while only 2% of respondents (per country) in Cameroon
Cameroon
Cameroon, officially the Republic of Cameroon , is a country in west Central Africa. It is bordered by Nigeria to the west; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon, and the Republic of the Congo to the south. Cameroon's coastline lies on the...
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, and Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
found homosexuality to be morally acceptable.
A new bill has been introduced to parliament, providing for harsher penalties for homosexuals, including the death penalty for "repeat offenders."
History
King Mwanga II of Buganda'sMwanga II of Buganda
Danieri Basammula-Ekkere Mwanga II Mukasa was Kabaka from 1884 until 1888 and from 1889 until 1897. He was the thirty-first Kabaka of Buganda.-Claim to the throne:...
1886 persecution of Christian pages was largely motivated by their rejection of his sexual advances.
Laws prohibiting homosexual activity were first put in place under British colonial rule in the 19th century. Such laws were retained following independence and enshrined in the Penal Code Act of 1950:
- § 145 (sexually neutral)
“Any person who—
(a) has carnal knowledge of any person against the order of nature;
(b) has carnal knowledge of an animal; 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.”
- § 148 (sexually neutral)
“Any person who, whether in public or in private, commits any act of gross indecency with another person or procures another person to commit any act of gross indecency with him or her or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or in private, commits an offence and is liable to imprisonment for seven years.”
Other:
§ 146 prohibits “attempts“ to commit offence specified in § 145 [7 years]
Homosexuality has been referred to as "carnal knowledge of another against the order of nature" by the Ugandan government.
Ban on same-sex marriages
On 29 September 2005, President Yoweri MuseveniYoweri Museveni
Yoweri Kaguta Museveni is a Ugandan politician and statesman. He has been President of Uganda since 26 January 1986.Museveni was involved in the war that deposed Idi Amin Dada, ending his rule in 1979, and in the rebellion that subsequently led to the demise of the Milton Obote regime in 1985...
signed into law a constitutional amendment prohibiting same-sex marriage, making Uganda the second country in the world to do so. According to the amendment, “marriage is lawful only if entered into between a man and a woman,” and “it is unlawful for same-sex couples to marry".
Ugandan Constitution
Despite penal sanctions concerning homosexual acts remaining in place, LGBT rights under Uganda's constitution have recently been challenged in the Uganda High Court.On 12 September 2008, in a case against the Attorney General of Uganda, brought by LGBT activists Yvonne Oyoo and Victor Juliet Mukasa, the High Court through High Court Judge Stella Arach set a precedent and stated affirmatively that at least articles 23, 24 and 27 of articles 20 to 45 of the Ugandan Constitution do apply to the GLBT community.
The Ugandan Constitution of 1995 offers broadbased protection against discrimination, through article 21, sections 1–5.
-
- 21. Equality and freedom from discrimination.
-
- (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
-
- (2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
-
- (3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
Uganda Anti-Homosexuality Bill
On 13 October 2009 Ugandan MP David BahatiDavid Bahati
David Bahati is a Ugandan politician and MP in the Ugandan parliament. He is the MP for the constituency of Ndorwa West and is a member of the National Resistance Movement, the ruling party of Uganda...
introduced the Uganda Anti-Homosexuality Bill
Uganda Anti-Homosexuality Bill
Uganda's Anti-Homosexuality Bill is a legislative proposal that would broaden the criminalisation of same-sex relations by dividing homosexual behavior into two categories: "aggravated homosexuality", in which an offender would receive the death penalty, or "the offense of homosexuality" in which...
which would broaden the criminilization of same-sex relationships in Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, introducing the death penalty for repeat convictions, HIV-positive people engaging in sexual activity with people of the same sex or with those under 18. Under this bill, individuals or companies promoting LGBT rights would be penalized. Ugandan citizens would be required to report any homosexual activity within 24 hours or face a maximum penalty of three years imprisonment, and Uganda would request extradition if Ugandan citizens were having same-sex relationships outside the country.
Living conditions
Gays and lesbians face discrimination and harassment at the hands of the media, police, teachers, and other groups; according to Jessica Stern of Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, "For years, President Yoweri Museveni's
Yoweri Museveni
Yoweri Kaguta Museveni is a Ugandan politician and statesman. He has been President of Uganda since 26 January 1986.Museveni was involved in the war that deposed Idi Amin Dada, ending his rule in 1979, and in the rebellion that subsequently led to the demise of the Milton Obote regime in 1985...
government routinely threatens and vilifies lesbians and gays, and subjects sexual rights activists to harassment." The U.S. State Department's
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
2006 Country Report on Human Rights for Uganda stated that homosexuals "faced widespread discrimination and legal restrictions." It is illegal for homosexuals to engage in sexual acts; the maximum sentence for engaging in such acts is life imprisonment.
In 2004, Radio Simba was fined over $1,000 and forced to issue a public apology after hosting homosexuals on a live talk show; Information Minister Nsaba Buturo said the measure reflected Ugandans' wish to uphold "God's moral values." "We are not going to give them the opportunity to recruit others," he added.
Earlier that year, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
reported that Uganda's "abstinence-until-marriage" HIV programs "intrinsically discriminate on the basis of sexual orientation."
Outing
In 2006, a Ugandan newspaper, The Red PepperRed Pepper (newspaper)
Red Pepper is a daily tabloid newspaper in Uganda which began publication June 19, 2001. Deliberately mirroring the style of tabloids in other countries, the paper is known for its mix of sensationalism, scandal, and frequent nudity...
, published a list of the first names and professions of 45 allegedly gay men, many of whom suffered harassment as a result.
In 2010, Giles Muhame's tabloid paper Rolling Stone
Rolling Stone (Uganda)
Rolling Stone was a weekly tabloid newspaper published in Kampala, Uganda. The paper published its first issue on August 23, 2010, under the direction of 22-year-old Giles Muhame and two classmates from Kampala's Makerere University...
published the full names, addresses, and photographs of 100 prominent and allegedly gay Ugandans, accompanied by a call for their execution. Gay rights activists, including David Kato
David Kato
David Kato Kisule was a Ugandan teacher and LGBT rights activist, considered a father of Uganda's gay rights movement. He served as advocacy officer for Sexual Minorities Uganda...
and other members of Sexual Minorities Uganda
Sexual Minorities Uganda
Sexual Minorities Uganda is an umbrella non-governmental organization based in Kampala, Uganda. Headed by Executive Director Frank Mugisha and Chairperson and founder Victor Mukasa and formerly co-headed by Advocacy Officer David Kato , it pushes for the protection and human rights of lesbian,...
, filed suit against the tabloid, which was ordered to stop outing suspected gays and to pay 1.5 million Ugandan shillings plus court costs to each of the plaintiffs. The judge ruled that the outing, and the accompanying incitation to violence, threatened the subjects' "fundamental rights and freedoms," attacked their right to human dignity, and violated their constitutional right to privacy.
Gay rights activism
Uganda's main gay rights organization is Sexual Minorities UgandaSexual Minorities Uganda
Sexual Minorities Uganda is an umbrella non-governmental organization based in Kampala, Uganda. Headed by Executive Director Frank Mugisha and Chairperson and founder Victor Mukasa and formerly co-headed by Advocacy Officer David Kato , it pushes for the protection and human rights of lesbian,...
, founded in 2004. David Kato
David Kato
David Kato Kisule was a Ugandan teacher and LGBT rights activist, considered a father of Uganda's gay rights movement. He served as advocacy officer for Sexual Minorities Uganda...
, a SMUG officer who was considered the father of Uganda's gay rights movement, was beaten to death in January 2011. Activist Kasha Nabagesera
Kasha Nabagesera
Kasha Jacqueline Nabagesera is a Ugandan LGBT rights activist. She is the founder and executive director of an LGBT rights organisation called Freedom and Roam Uganda. She has publicly campaigned for an end to homophobia in Uganda, where homosexuality is illegal...
was awarded the Martin Ennals Award for Human Rights Defenders
Martin Ennals Award for Human Rights Defenders
The Martin Ennals Award for Human Rights Defenders, called also "the Nobel Prize for human rights", was created in 1993 to honour and protect individuals around the world who demonstrate exceptional courage in defending and promoting human rights...
in 2011.
See also
- Human rights in UgandaHuman rights in UgandaUganda continues to experience difficulty in advancing respect for human rights in matters concerning torture, child labor, and liberties. There are as many as thirteen 'security' organizations of the Museveni government, some directly answerable to the President and not constitutionally based and...
- LGBT rights in AfricaLGBT rights in AfricaLesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...
External links
- UK government travel advisory for Uganda: Local laws and customs
- Statement of Vice President of Integrity Uganda, an Episcopal LGBT rights group. Summary of issues facing LGBT people in Uganda
- The Price of Integrity in Uganda (2001)
- Gay Uganda blog
- Short Video interviews with Ugandan LGBT activists by PhotoPhormations
- Ugandan media, politicians campaign against homosexuality. Carolyn Dunn, CBC News, last updated 26 Nov. 2010.
- Anti-Gay Fervor in Uganda Tied to Right-Wing US Evangelicals – video report by Democracy Now!Democracy Now!Democracy Now! and its staff have received several journalism awards, including the Gracie Award from American Women in Radio & Television; the George Polk Award for its 1998 radio documentary Drilling and Killing: Chevron and Nigeria's Oil Dictatorship, on the Chevron Corporation and the deaths of...
- Exporting Homophobia: American far-right conservative churches establish influence on anti-gay policy in Africa Gay Ugandans face daily fear for their lives (Boise Weekly Feature – 8 Sept. 2010)