Rainbow Railroad Update on the Situation in Uganda

Overview: The Anti-Homosexuality Act Signed into Law

On May26th 2023, the Anti-HomosexualityAct was signed into lawbyUgandan President Yoweri Museveni, one of the most extreme pieces of anti-LGBTQI+ legislation in the world. Consensual same sexintimacybears apenaltyof life in prison. In addition, Section 14 of the Act, “Dutyto report acts of homosexuality”, necessitates civilians report on each other; fining or imprisoning those that fail to do so. Those found guiltyof repeated offenses including relations involving HIV+ persons or those deemed “vulnerable”are punishable bydeath making Ugandathe 12th state in the world to pass the death penalty for LGBTQI + persons. The Act also criminalizes arange of activities, including the ‘promotion’ of homosexuality, effectively criminalizing LGBTQI+ advocacywith up to 20 years in prison. Further, the Act seeks to activelyquash LGBTQI+ civil society by outlawing the operation of LGBTQI+ organizations outright. Finally, the lawempowers employers to terminate their LGBTQI+ employees and requires landlords to evict LGBTQI+ persons and organizations. Landlords who fail to evict LGBTQI+ tenants will be punished by up to 20 years in prison.

The Act has received widespread international condemnation, including Statements fromboth the Biden administration and Canadian Minister of Foreign Affairs, Mélanie Joly, and Prime Minister Justin Trudeau.

Rainbow Railroad Crisis Response Strategy

RainbowRailroad is frequentlythe first LGBTQI+ organization called on bythe international communityto respond in the face of crisis. RainbowRailroad monitors global trends and occurrences of violence against the LGBTQI+ community independently and in collaboration with our wide networkof international partners. When acrisis requires our action, we may respond through anyof our programs - including providing cash assistance, working with partners on the ground, the provision of safehouses and other forms of protection, and relocation either within countryor across international borders.

We are continuouslyreviewing what we define as a‘crisis’. For the purposes of this report, it is when there are conditions either bythe countryand/or the state that result in alarge number of persons seeking assistance.

We urgentlycall on the Canadian government to establish acrisis response mechanismto provide high-riskLGBTQI+ persons in Ugandawith pathways to safety.

Trends in Requests for Help from Uganda

Uganda has long been a country of concern for Rainbow Railroad. We have worked continuously in the region since 2017, and have witnessed a significant increase in the requests for assistance in 2023. In 2023, as of May, we have received almost 700 requests for help from Uganda, while in 2022 we received 395 requests total - approaching double the number of urgent requests less than halfway through the year. 78% (546) of the new requests came after the Anti-Homosexuality Act's introduction in March 2023. As a result, Uganda has jumped to the top country of origin for LGBTQI+ individuals seeking our assistance, up from the 4th highest country last year. 94% of these requests come from Ugandan nationals, with the rest coming from LGBTQI+ asylum seekers and refugees from other countries, as Uganda is an important regional refugee hosting country. Internally and forcibly displaced LGBTQI+ people in Uganda need mechanisms and services that are available to them to facilitate their access to safety and international protection.

For requests received in 2023, 49% of our requests for help from Ugandan were from trans or non-binary individuals, highlighting the heightened risk for those who are more easily identifiable as members of the LGBTQI+ community (14% trans men, 14% trans women and 21% are intersex, gender non-conforming, intergender, genderfluid or agender). Over half of these requests have noted they are facing persecution and violence from within their communities. Community rejection and violence was frequently described by individuals reaching out as “mob justice” or being “hunted by the police.” Many individuals discuss being in hiding or being forced by their community or landlord to leave their home. Others were living in shelters when they were raided and shut down. We expect these reports to increase in light of the passage of this act.

Human Rights Violations Reported by Partners

We have also received increasing requests fromour civil societypartners on the ground. Partners have reported terrifying human rights violations triggered bythe rising anti-LGBTQI+ sentiment. Partners have shared reports of public floggings of gaymen, physical assaults in police custodyand prison, trans women stripped in police custodyand raped, gaymen tortured with bamboo sticks, forced anal examinations, and HIVtesting without consent. Some partners have even alleged that 13 LGBTQI+ Ugandans have been killed bycommunitymembers in recent months during the rising violence. RainbowRailroad has not yet independentlyconfirmed these reports, but given the violent rhetoric and explicit criminalization in Ugandaand patterns of violence we have monitored in other countries, and the credibilityof our partners, we have reason for concern.

Another tactic of government persecution is arrests, which began before the Act was signed into law. Ugandan organizations have reported atotal of 135 arrests of LGBTQI+ people before the act was passed, between March 21st, 2023, and May23rd, 2023. Unfortunately, we knowthese arrests are underreported. 16 of those arrests (involving 23 persons) were specificallyon the basis of the person’s presumed sexuality, sexual orientation, gender identity, and sex characteristics. Local organizations also reported 11 forced evictions affecting 33 persons, and 8 cases of violence/ threats of violence affecting 32 persons. Our LGBTQI+ partners in Ugandaare pointing to an increased need for shelter, legal support, and expedited pathways for resettlement and temporaryprotection of persecuted persons in light of this crisis.

Civil Society Response Efforts

RainbowRailroad continues to support partner organizations and activists on the ground, including Sexual Minorities Uganda (SMUG)’s Minority Report. This is a concerted legal effort which includes an official petition filed with the Ugandan Constitutional Court on May 29th, seeking a permanent injunction restraining the implementation of the Act. Through another partnership with a legal services organization we funded bail bonds which enabled the release of more than 32 LGBTQI+ persons from prison. We are also supporting targeted internal relocations and shelter support for human rights defenders and others at risk.

In Canada, on March 27th, Rainbow Railroad worked with the Human Rights Policy and Indigenous Affairs Division (IOR) at Global Affairs Canada (GAC) to convene an ad hoc meeting of the CSO-GAC Standing Table on SOGIESC issues; with approximately 30 representatives from the government of Canada, and Canadian and Ugandan civil society attending. The meeting provided the Canadian government with the opportunity to hear directly from Ugandan partners about the situation developing on the ground and their recommendations to the international community. Later that week, Rainbow Railroad met separately with representatives of IRCC to provide a briefing on Uganda and possible policy responses the government of Canada could employ.

On June 6-8, Rainbow Railroad and the US Special Envoy to Advance the Human Rights of LGBTQI+ Persons are meeting with Canadian government officials from IRCC and GAC along with 5 members of the Ugandan Parliament who oppose this bill.

Considerations for Resettlement

In addition to direct relocation, Rainbow Railroad provides cash assistance to individuals and funding to partners on the ground. Currently in Uganda, we are funding partners engaged in legal advocacy and providing emergency shelter in response to this crisis. However, we are concerned that legal support and safe shelter may not provide adequate protection; as offering such services to LGBTQI+ people can even further endanger service providers who may be criminalized under the new law. We believe an expedited crisis response pathway or mechanism for LGBTQI+ persons in Uganda will be a critical tool to ensure effective and timely protection.

There are some opportunities for the Canadian government to develop immediate pathways to safety for at-risk LGBTQI+ human rights defenders and individuals in Uganda, including:

1. Creation of a public policy to allow Rainbow Railroad to resettle 300 Ugandans.

2. Resuming the Blended Visa Office-Referred (BVOR) Program for LGBTQI+ Ugandans in Kenya with LGBTQI+ Refugee Coalition, From Borders for Belonging, as a referring partner

3. The use of temporary residence permits (TRPs) to evacuate high-risk LGBTQI+ Ugandans.

1. Creation of a public policy to allow Rainbow Railroad to resettle 300 Ugandans.

Under section 25.2 of the Immigration Act “TheMinistermay,inexaminingthecircumstancesconcerninga foreign nationalwhois inadmissibleor whodoes notmeettherequirementsofthisAct,grantthatperson permanentresident statusor anexemptionfromanyapplicablecriteriaor obligationsofthisActiftheforeign nationalcomplieswithany conditionsimposedbytheMinisterandtheMinisteris oftheopinionthatitis justified bypublicpolicy considerations”.1 TheCanadianGovernmenthas workedwithRainbowRailroadonpolicythat usedMinisterial Authorityas responsestoissuesrelatedtoChechnyaandmostrecentlyinAfghanistan.

A publicpolicy similartotheCanada-UkraineAuthorizationofEmergencyTravel(CUAET) measurescanalsobe usefulfor LGBTQI+ UgandanswhomaynotwanttopermanentlyresettleinCanada. We strongly encourage the government to consider creating a public policy in the Uganda crisis response as it has the capacity to deliver a nimble yet comprehensive set of solutions that are responsive to the emerging challenges and needs of LGBTQI+ asylum seekers on the ground.

2. Resuming the Blended Visa Office-Referred (BVOR) Program for LGBTQI+ Ugandans in Kenya with LGBTQI+ Refugee Coalition, From Borders for Belonging, as a referring partner

ManyLGBTQI+ persons inUgandafleetoKenyatoseekrefuge.Sincethelegislationwas introduced,partners in Kenya havebeensounding thealarmattheinfluxofrefugeeclaimants overwhelming their services.Kenyahowever is increasinglynotadurablesolutionfor LGBTQI+ asylumseekers,andin2021,RainbowRailroadandORAM (Organizationfor Refuge,AsylumandMigration) releasedareportdetailing “TheChallenges Facing LGBTQI+ Refugees InKenya”.Thestudyexaminedtheconditions inKakumaRefugeeCampwhereover 90%ofrespondents reportedhaving beenverballyinsulted,83%reportedbeing deniedservices inshops or markets,andoutofthe58 respondents,88% reportedbeing deniedpolice assistanceduetotheir sexualidentity.Among thepriorityneeds expressedbyLGBTQI+ asylumseekers was fast-tracking ofrefugeestatus eligibilitydeterminationtoreducethe lengthoftimespentinKenya. We arealreadyconcernedaboutLGBTQI+ persons inKenyaawaiting resettlement and fear thesituationmaygetworse.

Therefore, we recommend the government of Canada explore re-opening the BVOR program and pressuring the Kenyan government to expedite refugee status determination and the issuing of exit permits for LGBTQI+ persons seeking safe third-country resettlement outside of Kenya. RainbowRailroad is part of a national coalition of 19 LGBTQI+ refugee serving and resettlement organizations, From Borders to Belonging, which continues to push for the re-opening of this program. The coalition has been engaged in BVOR since 2019, sponsoring 25 LGBTQI+ individuals in 6 host communities across Canada through this program, and has been raising the issue of the inequities in PSR processing timelines and rising anti-LGBTQI+ violence in Kakuma. In March 2023, From Borders to Belonging met with IRCC to reiterate ongoing advocacy priorities. One of the Coalition's key recommendations was to workwith the coalition as a referring partner to resettle LGBTQI+ refugees waiting in Kenya using the BVOR pathway.

3. The use of temporary residence permits (TRPs) to evacuate high-risk LGBTQI+ Ugandans.

As per our second recommendation, one of our major concerns is the limitations for people who are internally displaced in Uganda. We believe there may need to be mechanisms for Internally Displaced Persons (IDPs). LGBTQI+ IDPs need countries like Canada to lead the way and create comprehensive IDP-specific policies, as well as ensure they are included in broader refugee crisis response strategies. Currently, there is only one LGBTQI+-specific humanitarian corridor globally, and that is Canada’s RainbowRefugee Assistance Partnership (RRAP). While this is a vital program, due to the years-long wait times of privately sponsored refugees, the RRAP is impractical in crisis response scenarios. Temporary Resident Permits (TRPs), “facilitate travel in urgent situations, on an exceptional basis,”2 and may be an appropriate policy to consider. Designated officers are authorized to issue TRPs when it is “justified in the circumstances,”3 and the reason to enter Canada is compelling,4 such as on “humanitarian and compassionate grounds.”5 This legislation is intended to act as a measure of last resort as a kind of fail-safe. All of these criteria seem well suited to the extreme circumstances being seen in Uganda. TRPs could provide temporary protection for LGBTQI+ Ugandans seeking safety. RainbowRailroad has the capacity to facilitate emergency travel with the assistance of the government.

About Rainbow Railroad

RainbowRailroad is an international organization, registered in Canada and the United States, whose mission is to provide solutions for individuals in immediate danger of persecution or violence amidst the global refugee crisis. In partnership with a global networkof LGBTQI+ organizations and human rights defenders, we support individuals experiencing violence with temporary relocation assistance to get them out of harm’s way, and where necessary, permanent resettlement solutions. RainbowRailroad has assisted over 7,600 LGBTQI+ individuals at risksince its founding in 2006, including nearly 1,500 persons supported through emergency relocation assistance to safe(r) countries. Since 2019, RainbowRailroad has partnered with more than 50 organizations globally engaged in work with the LGBTQI+ community.

RainbowRailroad is well positioned to identify Ugandans for urgent resettlement. Since 2017, RainbowRailroad has supported 1198 individuals from Uganda through various programs, including supporting 44 people in Uganda with crisis response. Our trusted relationships with underground collectives, unregistered groups, and LGBTQI+ rights defenders give RainbowRailroad unique access to global networks of vulnerable individuals facing persecution based on their sexual orientation, gender identity, and sexcharacteristics.

1 Immigration and Refugee Protection Act (IRPA) [Canada], SC 2001, c. 27, 1 November 2001

2 House of Commons, “Government Response to the Report of the House Of Commons Standing Committee on Citizenship and Immigration Entitled LGBTQ+ At RiskAbroad: Canada’s Call to Action,”June 2017, https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/report-12/response-8512-421-264.

3 “TemporaryResident Permits (TRPs): Background and purpose,”Government of Canada, last modified April 10, 2015, https://www.canada.ca/en/immigration-refugeescitizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/background-purpose.html.

4 “Temporaryresident permits (TRPs): Eligibilityand assessment,”Government of Canada, last modified June 28, 2019, https://www.canada.ca/en/immigrationrefugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html.

5 IRCC, Evaluation of TemporaryResident Permits, November 2016, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/reports-statistics/evaluations/ temporary-resident-permits-2016.html#itm-0-b.

6 Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, 2019 Annual Report to Parliament on Immigration, 2020, Annex2, Table 2, p.35, https:// www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/pub/annual-report-2019.pdf.

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