LGBTQI+ RIGHTS IN UGANDA: ‘Intolerance is fuelled by anti-rights groups and leaders’

Following our 2019 special report on anti-rights groups and civil society responses, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks with Pepe Julian Onziema, Programme Director at Sexual Minorities Uganda (SMUG). Formed in 2004, SMUG is a civil society umbrella organisation focused on advancing LGBTQI+ rights and supporting and protecting LGBTQI+ people in Uganda. SMUG advocates for policy reform and helps to coordinate the efforts of 18 LGBTQI+ organisations in the country. These organisations provide a variety of services to the LGBTQI+ community, including medical attention, counselling, guidance and economic empowerment programmes. SMUG works closely with local, regional and international human rights organisations and activists to end discrimination and ensure equal treatment of and respect for all LGBTQI+ people in Uganda.

pepe Onziema

What is the situation of LGBTQI+ rights in Uganda?

I would say it’s very unpredictable, but also not okay. At some level everything is mixed up; you can’t just look at one thing and say, okay, we are making this progress, because somehow when you make progress you also move backwards on another front. So generally speaking, I would say the situation is confusing and unpredictable. The only aspect in which we have made consistent progress is in the area of HIV/AIDS, working through the Ministry of Health.

The situation of LGBTQI+ people is difficult, and I wouldn’t be able to say whether it’s because of social attitudes or discriminatory laws. People’s social attitudes towards LGBTQI+ people are affected by the law, but on the other hand the law is what it is because of people’s religious views and the influence of religion over politics. But if I had to say which the biggest problem is, I’d say it’s social attitudes and widespread lack of acceptance. If this changes, I am sure the law would follow.

In Uganda, LGBTQI+ people experience all kinds of attacks and violence, but this depends much on where you live. In popular areas trans women and gay people, or people thought to be gay, both male and female, are attacked from motorbikes or taxis. In the suburbs and expensive urban areas there is a bit more safety. However, a lot of new apartments have been built and many people are moving in, and then if your neighbour finds out or suspects that you are an LGBTQI+ person, then they can go tell the landlord, who will usually feel the pressure to throw you out without even paying back your rent. Everything is based on suspicion, spying and resentment. There is no need for any evidence of someone being gay, so people panic. There is a lot of gay panic because if anyone just mentions that someone else is LGBTQI+, it is to be expected that action will be taken, including physical violence. They can beat up the accused person or use extortion and blackmail. This is especially common with trans people, who are accused of impersonating someone else, adopting a fake identity.

We’ve worked a lot to raise awareness, informing people that even under our regressive laws, being gay is actually not a crime. It’s subtle, but the law talks about acts that are not permitted, rather than about identities that are not allowed to exist. There is more awareness of this now, but this awareness has made intolerant people more clever: they know they cannot denounce someone just for being gay, so they go on and invent stories. They tell the police false stories about things that gay people have done, so the police have to come and arrest them.

Although the law does not ban the existence of gay people, there is certainly no law that protects the rights of gay people. While laws guarantee the right to life, to the freedom of association, and so on, when it comes to LGBTQI+ people those do not fully apply. We don't have access to all those rights as anyone else.

Are LGBTQI+ civil society organisations allowed to function, or do you face restrictions? How do you manage to get your work done?

LGBTQI+ organisations are not allowed to register. They are denied formal recognition as civil society organisations (CSOs). That is the case with my organisation, Sexual Minorities Uganda, which was founded in 2004, so it will soon be turning 16 years old, and is still unregistered. Our right to associate is limited in several ways, but we’ve been persistent and consistent in challenging the government. We take advantage of legal loopholes and organise ourselves as a loose group. We have sued the government on the basis that the constitution grants us the right to the freedom of association. We’ve found the court system is not terribly fair, but still, it does not always work against us, and we have won several cases.

In the past few years, the High Court has issued several progressive rulings, stating that the fundamental rights recognised in the constitution, such as the right to personal liberty, the right not to be subjected to torture or cruel, inhuman, or degrading treatment or punishment, and the right to privacy, apply to all citizens. As a result of a High Court ruling on discrimination, it is now possible for LGBTQI+ people to file cases against employers who have fired or harassed them, or landlords who have evicted them. So we’ve seen some progress within the justice system, and this has given us the courage to continue going to the courts to fight when the government wants to impose further restrictions.

As well as the lack of legal recognition, we face restrictions in our daily work. For instance, when we hold a workshop or some formal function for the community, we are usually raided by the police. The Minister of Ethics and Integrity has been particularly notorious and shameless in shutting down our meetings. He has gone on radio and other media to say that he would never allow LGBTQI+ organisations. So we try to keep up our work by doing it through collaborations with other CSOs, but there’s only so much we can do, because when they learn that we are working with us then somehow they also become targets by association.

Who is behind these restrictions? Is discrimination and violence against LGBTQI+ people fuelled by political or religious leaders?

Absolutely. The intolerance enshrined in the law and expressed in social attitudes is fuelled by anti-rights groups and leaders. This backlash was particularly intense around 2009, when right-wing evangelical groups from the USA came to Uganda and helped our government draft a law, the Uganda Anti-Homosexuality Act, that would have criminalised same-sex relationships and introduced the death penalty for serial offenders, HIV-positive people who engage in sexual activity with people of the same sex, and people who engage in same-sex sexual acts with minors. The law also sought to punish the promotion of LGBTQI+ rights with fines, imprisonment, or both.

We fought this bill for years. The proponents of the law said that we are after children, that we were recruiting them and needed to be stopped. They wanted to turn people into spies – our own neighbours, our parents, teachers, doctors and priests. Anyone who knew a gay person had to report this fact to the authorities or they would also become a criminal.

A modified version of the bill was passed in 2013, and it punished ‘aggravated homosexuality’ with life in prison instead of the death penalty. In reaction, the US State Department announced several sanctions against Uganda, and in 2014 the Constitutional Court annulled the law on a technicality. But its effects are still there, in the form of ingrained discrimination against LGBTQI+ people. And the root causes of such laws being proposed in the first place are also still there. It all comes down to the idea of turning people’s religious belief into law.

So the most homophobic piece of legislation that Uganda has ever seen was actually a foreign import. Do you see an international anti-LGBTQI+ rights coalition at work here?

Absolutely, and curiously enough – because anti-LGBTQI+ rights groups keep saying things like homosexuality is a foreign custom, and that it runs counter to national culture and morals, while in fact it is homophobia who is most foreign. Homosexuality was accepted and quite common in pre-colonial Ugandan society; we even had a king who was gay. Laws punishing homosexuality were first introduced in colonial times, under British rule, and they stayed in place after we gained independence. Something similar happened with Christianity, which was an import but took deep roots.

And the churches that were brought from the USA and started proliferating are of the most intolerant kind. You can find these evangelical churches every 500 meters in Uganda, and people preaching all over the place, even outside the churches, on every street corner. The evangelical movement is huge and has spread fast across the country. In most cases, they focus their preaching on sexuality, abortion, how women dress, things like that. They deliberately use their Bible to discriminate against LGBTQI+ people and women.

Have you seen any change, for better or worse, over the past year?

It is difficult to tell. For instance, in 2018 we thought we were making a bit of progress, but then we started seeing more murders, at least three or four, so we felt in danger and we panicked because we thought, we’ve made progress in dialogue with governmental officials, we have done training the police, and it really shocked us – the idea that we were trying to educate people, we are trying to have a conversation, and this is the kind of response that we get. This cast doubt on the progress we were making.

Still, I would say that the fact that we are able to have some form of dialogue with the government is a proof of progress. The fact that when people are arrested we are able to negotiate the release of some is something that we wouldn’t have seen even three or four years ago, so there is some progress.

How do you account for the differences between Uganda and, say, Botswana, which is currently experiencing significant positive change?

I think we are not experiencing the same kind of progress because religion is so deeply rooted in Uganda. If you speak to Ugandans, the first thing that they will tell you, even before introducing themselves, is that they are Christians. And our president has been able to turn religion into law. Ugandan politicians have manipulated religion to divert attention from corruption and mismanagement, so they focus on homosexuality instead. This political use of religion, and the fact that religious beliefs have been made into law, that’s what sets us apart from Botswana.

What are LGBTQI+ organisations in general, and SMUG in particular, doing to change both legislation and public attitudes?

SMUG focuses on four areas: advocacy for reform, capacity strengthening, research and safety and protection. The four areas are connected: in the area of safety and protection, for example, we take care of victims and survivors of violence, but we also document, collect and analyse data and use it as evidence in our advocacy work. We also make sure that police officers are trained so they know how to treat LGBTQI+ person in case they are arrested, so they change their attitudes and the ways they handle them. We work with magistrates and the judiciary services institute and try to educate them on LGBTQI+ issues, because otherwise when a gay person is arrested, most of the time cases are based on hearsay and they don’t even ask for evidence; they make decisions based on prejudice. We do a lot of campaigning and awareness-raising across Uganda. We have regional focus groups where we train people on how to deal with safety and security.

We also do international work at the United Nations human rights bodies, in Geneva, as well as at the African Commission on Human and Peoples’ Rights as well: we have a document that came out of there, Resolution 275, that we did with activists and organisations from across Africa, which prohibits any country from violent attacks towards LGBTQI+ people. Of course we are trying to get that implemented in our own countries so our human rights bodies can take on that Resolution as guidance on the protection of LGBTQI+ people.

Is there any evidence that people’s attitudes might be changing?

We put most of our work on social media, and about 10 years ago, we would find out on Facebook that 98 or and 99 per cent of Ugandans were against homosexuality. Ninety-nine per cent – it’s crazy, because it would mean that even gay people – who are definitely more than one per cent of the population - rejected homosexuality.

But now we’ve come to the point where both sides appear to be more balanced. We post something on our website or our social media platforms, and find reactions are split approximately in half. So I think there has been a change of attitudes, especially among young people, because there are a lot of young people on social media who really don’t care about this whole debate over sexuality. They are just trying to live their lives.

To what extent is Ugandan civil society as a whole standing with LGBTQI+ civil society?

There definitely are divisions within civil society. You have to remember that we all come from the same society and have the same background, which is religious, and we are talking about a society and a religion that consider homosexuality as an abomination. However, there are a few – fewer than 10 – CSOs that stand with us. Most of our allies are organisations working on health, and a couple of them do legal work. They have all come from a long way educating themselves about LGBTQI+ issues, and when they do not know something, they ask.

You mentioned that anti-right groups have international connections and support. Do LGBTQI+ rights organisations enjoy similar connections? What kind of support would you need from international civil society?

If you had asked me this question five years ago I would have told you to please give human rights organisations money because we are able to work with them. But now I would respond differently: what we need most urgently is to empower more LGBTQI+ people to occupy positions of influence. We’ve experienced violence and discrimination from within the movement, from our own allies, so we need to start having more honest conversations and better accountability for the work that human rights organisations do on LGBTQI+ issues, and see if they really understand what they are doing. To me, it’s about power coming back to the LGBTQI+ community, and the LGBTQI+ community being able to use those positions of power to speak up and negotiate for our own freedom. So my main advice would be, don’t fund other people to speak for us, because we can speak for ourselves.

It is important that you consult us. There certainly are organisations that are good to us. So if you want to support us, talk to us and we’ll tell who work we best with us, and use this as guidance rather than deciding according to what works best for you as an international organisation.

Civic space in Uganda is rated as ‘repressed’ by the CIVICUS Monitor.
Get in touch with Pepe through Facebook, LinkedIn or Instagram, contact SMUG through its website and Facebook page, and follow @Opimva and @SMUG2004 on Twitter.

 

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