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Uganda Anti-Homosexuality Act 2023: Programme guidance for Wales and Africa Partnerships

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This briefing is intended to provide some context and information to Wales and Africa partnerships, plus suggest some courses of action to ensure safety of project participants and partner organisations, while standing in solidarity with LGBT+ people in Uganda and beyond.

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August 2024

Introduction

The ‘Anti-Homosexuality Act’ 2023 (the Act) was enacted in Uganda in May 2023 to prohibit any form of sexual relations between persons of the same sex and to prohibit the promotion or recognition of sexual relations between persons of the same sex. Punishments range from fines or years in prison, to the death penalty for ‘aggravated homosexuality’.

Since the introduction to parliament, reports show an increase in gender-based violence, intimidation, and hate crime towards the LGBT+ community. Confusion about the Act among the public is legitimising vigilantism and acts of mob violence against, and even killing of, “known” or alleged homosexuals.

Since the Act undermines the commitment to human rights inherent in the Ugandan Constitution, an appeal was launched under consideration at the Ugandan Constitutional Court.

As soon as the Act was passed, four Constitutional Petitions were filed in the Constitutional Court challenging virtually all the seventeen sections of the Anti-Homosexuality Act. In April 2024 the Constitutional Court in Uganda upheld the Act but ruled to nullify 3 sections of the Act:

criminalising the letting of premises for use for homosexual purposes,
the failure by anyone to report acts of homosexuality to the Police for appropriate action,
and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.

Further legal challenges are ongoing at time of publication.

Wales and Africa Response

We continue to stand in solidarity with the LGBT+ community in Uganda; both in bringing attention to the issues they are facing, and in developing practical actions for partnerships.

Hub Cymru Africa recognises that individual partnerships speaking out publicly against the legislation may create risks for the Ugandan partners, in case they are seen to be “promoting homosexuality” under the terms of the legislation.

Therefore, Hub Cymru Africa will continue to represent the community as a whole to reduce this risk. Following the WOAG statement in April 2023, a webinar in June 2023, and a shared learning event in Cardiff in January 2024, Hub Cymru Africa plans further work to act in solidarity with the LGBT+ community in Uganda.

However, we also recognise that there is widespread misinformation and disinformation within Uganda about sexual and gender diversity being an externally driven Western agenda, and will be mindful of this. We will ensure that the voices of Ugandans are at the forefront, guiding our response at each step.

Guidance

This guidance is informed by input from activists and human rights advocates from within the LGBT+ community in Uganda, from interviews with their partners in Wales, and consultation with experts in safeguarding and gender-based violence. We recognise the context in Uganda is complex, fluid and presents a variety of risks which partnerships need to be aware of and respond to in their programming.

Key principle

The key principle underlying all our work is ‘Do No Harm’.

It is vital that partnerships consider the risks of programming in this context and respond to these appropriately and safely. Partners should also recognise that the current environment poses direct risk of significant harm for the LGBT+ community in Uganda.

What can partnerships do to minimise harm?

We have drafted a risk assessment which considers the additional safeguarding risks presented by the Act. Some examples of mitigation measures are also included in the document.

Recognising that the situation is fluid, and likely to vary within the context of each project. It is recommended that partnerships review this risk assessment together to discuss and agree which measures they will take to ensure the safety of staff, volunteers and associated personnel and project participants.

Some examples of these measures are:

Update safeguarding policy and code of conduct to specify inclusion of LGBT+ community. It is recommended that the code of conduct specifically include a statement that no staff or associated personnel will discriminate against anyone including LGBT+ community, people with disabilities and other protected characteristics. It should emphasise that under the Act, being LGBT+ is not an offence. The law criminalises sexual conduct. Therefore, the LGBT+ community are included in all programming.
Refreshing and giving clear guidance to staff on Safeguarding procedures, and a clear guidance and definition of harassment, abuse, exploitation.
Repeat / implement inclusion training for all staff / associated personnel.
Continue to update referral mapping in Uganda to identify safe spaces and services for LGBT+ people, whilst risk assessing the use of these services.
Identify and line up access to legal advice so it is available if needed.
Ensure internal safeguarding reporting and whistleblowing mechanisms are known and accessible to all.
Check employment and management procedures to ensure they are non-discriminatory, and reiterate commitment to employment law in Uganda which is clear in commitment to non-discrimination.
Ensure induction package and travel advice for travellers is updated with context of anti-LGBT+ legislation
Give clear induction covering all risks, cultural norms, behaviours, ensuring all potential visitors are fully briefed and that they are able to make informed choices about decisions to travel.
Make an informed organisational choice about public messaging on inclusion and human rights.

The context is fluid, and subject to change and it is recommended that these risks are reviewed regularly within partnerships. Support is available from Hub Cymru Africa to discuss any issues and advise on response by emailing advice@hubcymruafrica.wales.

Programme work to include LGBT+ people in Uganda

We advocate an intersectional approach to safeguarding which recognises the intersections of gender, race, disability and sexual orientation, gender identity and expression (SOGIE). We also advocate a focus on inclusion and rights of all individuals delivering and participating in our programmes.

Safe, seen and included

A framework for analysing SOGIE inclusion, recently developed by UNESCO, categorises programmes at 3 levels:

SOGIE-protective: Physical and emotional safety; the minimum level of inclusion.
SOGIE-sensitive: Ensuring visibility where people of diverse SOGIE are seen and their experiences are reflected in their environment.
SOGIE-transformative: Programmes and policies ensure people of diverse SOGIE are valued and included as full and equal members of the community.

These 3 levels translate into the shorthand of ‘safe, seen and included’.

We recognise that in the current context, our programmes should be reaching the Level 1: SOGIE protective and ensuring that our staff, volunteers, and project participants are safe and that harm is minimised.

We also recognise the need for programmes that specifically address the needs of the LGBT+ community, taking into account the current risks, and working towards the full and equal inclusion of the LGBT+ community in Uganda. If you have ideas of partners or organisations in Wales and Uganda that would work in this area please contact us on advice@hubcymruafrica.wales.

Showing solidarity from Wales

LGBT+ people and activists in Uganda are asking for the support of the international community. We asked Tom Twongyeirwe Junior, a leading activist in Uganda, what people in Wales could do to help. You can read his article here.

It is important for Wales-based organisations, in close consultation with their Ugandan partners, to make an informed organisational decision about whether to speak publicly about the Act, taking into account the potential risks to your partner and / or to the LGBT+ community in Uganda.

Our recommendation is to avoid speaking publicly, specifically about the law, but instead make more general statements about upholding human rights and inclusivity. Hub Cymru Africa is able to make public statements on behalf of the Wales and Africa community with lower risk.

Other actions you can take

For Wales based partners

Support Ugandan LGBT+ organisations who are challenging the legislation, for example through funding. A list of these is in the following resources section.

Follow groups on social media so that you are informed directly of the changing context.

Read the guidance as a Google Doc Read the guidance in a PDF

Resources

Summary of the key provisions in the Anti-Homosexuality Act, 2023

Produced by a Uganda-based lawyer based on the Anti-Homosexuality Act 2023, with updates since the constitutional court ruling in April 2024

The Anti-Homosexuality Act 2023 (the Act) was enacted in May 2023 to prohibit any form of sexual relations between persons of the same sex, to prohibit the promotion or recognition of sexual relations between persons of the same sex, and for other related matters.

criminalising the letting of premises for use for homosexual purposes,
the failure by anyone to report acts of homosexuality to the Police for appropriate action,
and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.

Further legal challenges are currently in process.The law does not criminalise identifying as LGBTIQ+. Under Section 2 and 3, the Act criminalises sexual intercourse between persons of the same sex. However, the law has several contradictions. For example, the Act contains provisions that criminalise working with or providing services to LGBTIQ+ individuals. It further appears to deny LGBTIQ+ individuals the right to exercise their fundamental rights and freedoms, such as the freedom of association.