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.