4
INTRODUCTION This briefing is prepared for the attention of the European Union (EU) and its member states. It begins by giving an overview of the human rights situation for lesbians, gays, bisexuals, transgender and intersex (LGBTI) people and groups working on LGBTI issues in Uganda. It then makes a series of recommendations to the European Union and its member states that would, if implemented, help improve the human rights situation for LGBTI people and LGBTI rights activists working in Uganda. Human rights organizations including Amnesty International have documented the steady increase in discrimination, arbitrary arrests, incommunicado detention, torture and other illtreatment on the basis of sexual orientation and gender identity in Uganda, and against human rights defenders (HRDs) exposing violations against LGBTI people. Most of the abuses documented have been against homosexual men, and are perpetrated by members of the community and state security agents including the police. The human rights violations perpetrated by state security agents have been committed on the pretext of enforcing existing provisions of the Ugandan penal code, which prohibits consensual sex between individuals of the same sex. This legislation is contrary to international norms. Section 21 of the Ugandan Constitution prohibits discrimination on the basis of “sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing.� However, substantive equality is not guaranteed to LGBTI people. Nor does Ugandan law protect them from discrimination and abuse. Rather, Ugandan laws criminalise homosexuality. Those who attack LGBTI individuals do so with impunity.
Index: AFR 59/001/2011
Amnesty International January 2011