Standing up for LGBTIQ+ Rights in Uganda: Repeal the AHA 2023
Dorothy Amuron sharing her insights at FIGO's World Congress in Paris, October 2023.
Dorothy Amuron is a lawyer and the former strategic litigation manager at Center for Health, Human Rights and Development (CEHURD).
CEHURD provides legal support to persons in Uganda and conducts strategic litigation to redress systematic problems in Uganda’s health system.
Dorothy recently shared the far-reaching consequences of Uganda’s Anti-Homosexuality Act 2023 passed in May 2023, with delegates at FIGO’s World Congress. In this article she shares the impact the new legislation is having on the LGBTIQ+ community, health care professionals and activists in the country.
Medical professional bodies must add their voices to condemn such inhumane laws (AHA 2023) that limit access to SRHR services and partner with human rights advocates to conduct research and produce data in support of evidence-based advocacy efforts.
What are the key elements of the Anti-Homosexuality Act 2023 (AHA) and why is the law problematic?
Uganda’s Penal Code of 1950, a legacy from the British colonial period, criminalised same-sex sexual acts. But the AHA is even more regressive because it criminialises an additional range of activities, including “aggravated homosexuality” which refers to same-sex acts where HIV is transmitted, or where one participant has a disability or mental illness. If someone is convicted multiple times for “the offence of homosexuality” they are also liable to receive the death penalty.
Section 9 of the AHA punishes anyone who “knowingly allows any premises to be used by any person for the purposes of homosexuality” with seven years’ imprisonment, effectively barring landlords from renting property to LGBTIQ+ people.
The promotion of homosexuality is criminalised under Section 11 of the AHA. It carries a sentence of up to 20 years’ imprisonment, effectively barring all advocacy by or on behalf of LGBTIQ+ people. This includes financing or operating an organisation that “promotes homosexuality.” Organisations are liable to fines and a suspension.
Section 14 of the AHA imposes a duty to report anyone suspected of engaging in same-sex acts. The duty applies to almost all Ugandans, including medical professionals, faith leaders, educators and family. This creates a ‘chilling’ effect and directly feeds stigma, discrimination and violence against individuals based on animosity and even hatred motivated by people’s perceptions on an individual’s real or imputed sexual orientation and/or gender identity or gender expression.
Section 15 of the AHA ‘Rehabilitation of Homosexual’ grants the court power to involve social services to rehabilitate the convicted person.
All these sections are a clear indication of rights being robbed from persons in Uganda particularly those in relation to bodily autonomy, choice and agency regarding the enjoyment of sexual reproductive health rights.
The law makes it a crime to identify as lesbian, gay, bisexual, transgender and queer. In addition, the AHA provides authorities massive power to crack down members of the LGBTIQ+ human rights and health allies to advocate for LGBTIQ+ rights. This has led to limited access to health care and education, increased social stigmatisation, harassment, violence, tension within families, unemployment and denial of shelter to sexual and gender minorities.
Through the enactment of the AHA, Uganda has regressed on its human rights obligations. The AHA law has increased cases of violence and abuses of human rights of LGBTIQ+ persons on the basis of their real or presumed sexual orientation, gender identity and gender expression. This draconian law will have far-reaching consequences for the lives and human rights of LGBTIQ+ persons and allies in the country, and could encourage human rights regression in other countries (copy-cat legislation) throughout Africa too.
What is civil society and governments doing to challenge the AHA?
Several human rights activists and civil society organisations advocating for the human rights of LGBTIQ+ persons under the Conveners for Equality have filed four petitions in the Ugandan Constitutional Court and East African Court of Justice to challenge the AHA. They are calling for the non-implementation and repeal of any laws criminalising same sex relations, particularly the penal code act of 1950. The petitions stated that the AHA, violates fundamental rights guaranteed in Uganda’s constitution, including freedom from discrimination and rights to privacy as well as freedom of thought, conscience and belief. In addition, the AHA violates Uganda’s commitments under international human rights law, including those in the African Charter on Human and Peoples’ Rights and its related protocol and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
More than 100 civil society organisations around the world wrote to the World Bank president Ajay Banga in August urging him not to further advance any loans to Uganda for as long as the anti-human rights law is in existence under the hashtag # Repeal AHA23
In addition, the International Commission of Jurists made a submission to the United Nations Human Rights Committee to raise its concerns at the enactment of the AHA and Uganda’s failure to comply with its legally binding human rights obligations.
Countries such as the USA and UK have also publically expressed their dismay at the discriminatory AHA, and the USA has taken active steps that include sanctions of certain officials, Ending Uganda’s eligibility for the African Growth and Opportunity Act; Reducing support to the Government of Uganda and Advocating for implementation of social safeguards in World Bank lending.
What can the Association of Obstetricians and Gynecologists of Uganda (AOGU) and health care providers do to ensure access to health care services for the LGBTIQ+ community?
AOGU can partner with CEHURD, as recently witnessed from the successful collaboration and strategic engagement at the FIGO World Congress in Paris, to provide a forum for health professionals to debate and seek solutions collectively to ensure access to legal and health care services for all, without discrimination. We could collaborate to facilitate frequent multidisciplinary engagement for stakeholders, ranging from Ministry of Health, the Uganda network of people living with HIV and Aids information Centre among others, to ensure sexual minorities have access to high-quality and timely services. It is important to advocate for patient rights as well as health care service providers rights by fostering round-table talks with policy makers and minority groups to promote the right to health for all, showing the boarder impact such discriminatory laws have on the entire population.
Health care providers should have continuous trainings through their professional bodies to remain up to date with emerging trends in health and the operational legal frameworks. It is important to establish strategic collaborations with legal bodies and organisations that advance human rights, using the law as a tool to promote social justice in health. Together, we must ensure that health service providers are aware of their rights and responsibilities to tackle issues around stigma, discrimination and unlawful arrests for providing services to all irrespective of their gender identity, expression and sexual orientation.
How can medical professional bodies help support equal access to health care for the LGBTIQ+ community?
Medical professional bodies must add their voices to condemn such inhumane laws (AHA 2023) that limit access to SRHR services and partner with human rights advocates to conduct research and produce data in support of evidence-based advocacy efforts.
Medical voices are often missing, but they are crucial to better understand the impact such laws have not only on patients’ rights, but also on health care professionals.
Conducting values clarifications and attitude transformation sessions for health care service providers on gender transformative approaches, sexual orientation, gender identity and human rights legal framework is crucial to ensure inclusive service provision and build their capacities to advocate for progressive legal environment.
An injustice on any human being is an injustice to all humanity, thus no one should normalize or accept discrimination in any form.