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.