Report finds Uganda’s LGBTQ community faces human rights violations following passage of Anti Homosexuality Act

Ugandan LGBTQ+ advocacy organisation Convening for Equality (CFE) released a report on Monday documenting human rights violations against LGBTQ+ people following the passage of the country’s Anti-Homosexuality Act (AHA) 2023, which introduced severe penalties for same-sex intercourse, including life imprisonment and the death penalty for “aggravated” offences. The organization reviewed over a thousand cases of human rights violations and says that arrests, torture and forced evictions against LGBTQ+ people have followed the act’s passage.

The report says that, after the AHA’s passage, the state has failed to protect the human rights of LGBTQ+ persons. According to CFE, cases of rights violations have increased from 306 in the January to August 2023 period to 1253 cases between September 2023 and April 2024. Abuse against LGBT has been manifested through “correctional” rapes, reproductive coercion, denial of housing rights and mob attacks. The largest share of affected persons is gay men followed by transgender women and lesbians. The report states that the Uganda Police, landlords, local councils (LCs) and family members have been reported as top violators of LGBT rights.

Though Article 21 of Uganda’s Constitution provides for equality of persons before the law in “all spheres of political, economic, social, and cultural life,” Uganda’s Constitutional Court decided not to strike down the AHA, only revoking parts of it. The Constitutional Court nullified section 9 of the AHA, which criminalizes the usage of a person’s premises for homosexual acts, and section 14, which made it mandatory for every person to report cases of homosexuality even if they were based on suspicion. However, the report documents that the nullification had little to no impact on the general public, which has taken the law into its own hands on many instances to search through premises, which violates the right to privacy Article 27 of the Uganda Constitution.

After the AHA’s predecessor, the Anti-Homosexuality Act 2014 was struck down that year, Uganda’s government took measures to outlaw homosexual relations, including the Sexual Offenses Bill of 2021, which criminalized anal sex between people of any gender and any “sexual act between persons of the same gender.” Following this, the AHA 2023 received assent from the president in May 2023. The law attracted criticism from international organizations, including the EU, over equality and human rights concerns.

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US sanctions Uganda officials for corruption and human rights violations

The United States sanctioned five current and former Ugandan officials on Thursday for their involvement in corrupt practices and human rights violations, making the individuals ineligible for entry into the US.

Speaker of Parliament Anita Among, former Minister of Karamoja Affairs Mary Goretti Kututu, former Minister of State for Karamoja Affairs Agnes Nandutu and Minister of State for Finance Amos Lugolobi were sanctioned for “significant corruption,” with the US Department of State claiming the four individuals “abused their public positions for their personal benefit at the expense of Ugandans.” The department additionally sanctioned the spouses of Among, Kitutu and Lugolobi.

Former Deputy Chief of the Ugandan Peoples’ Defence Forces (UPDF) Peter Elwelu was the only military leader sanctioned. Elwelu was designated for his “gross violations of human rights” due to his involvement in a 2016 attack that killed over 100 people.

The department stated:

The United States stands with Ugandans advocating for democratic principles, a government that delivers for all its citizens, and accountability for actions committed by those who abuse their position … Today’s actions reaffirm the U.S. commitment to support transparency in Uganda’s democratic processes, counter corruption globally, and address the broader culture of impunity that prevents all Ugandans from enjoying their human rights and fundamental freedoms.

The designations were made under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024. The UK imposed similar sanctions on Among, Kitutu and Nandutu last month, implementing travel bans and asset freezes against the three individuals.

Among called the US sanctions “politically motivated,” claiming she was being targeted for her anti-homosexuality stance and her involvement in Uganda’s anti-LGBTQ+ legislation. In April, Uganda’s Constitutional Court upheld a law that imposes the death penalty for “aggravated homosexuality.” The legislation, known as the Anti-Homosexuality Act, was signed into law by President Yoweri Museveni last May. Among defended the law at the time, stating, “[W]e have heeded the concerns [of] our people and legislated to protect the sanctity of the family.” The law has been cited in multiple reports as a violation of human rights threatening the global rule of law.

Activists have pointed out other violations of Ugandans’ rights in recent years, including Human Rights Watch claiming in November that the country’s surveillance system threatens individuals’ constitutional rights to privacy, expression and association. Critics of the government also noted that activists and opposition leaders are consistently harassed and threatened for expressing anti-government views. In January, for example, opposition leader Bobi Wine was placed under house arrest ahead of anti-government protests.

Wine, who is the president of the National Unity Platform (NUP), celebrated Thursday’s sanctions. He stated:

We welcome these sanctions and appreciate the Government of the United States for listening to the cry of the oppressed people of Uganda. It has been our call to the civilised world not to keep a blind eye to the impunity perpetuated by the Museveni regime. We hope more individuals and organizations responsible for the suffering of our people will be sanctioned.

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Letter by UN Experts to Qatar regarding gay man arrested for using dating app

Dominica High Court of Justice strikes down sodomy law

Dominica’s High Court of Justice on Monday [22 April 2024] struck down provisions of a law that criminalized consensual same-sex sexual relations.

More: https://www.washingtonblade.com/2024/04/23/dominica-high-court-of-justice-strikes-down-sodomy-law/

USA: South Carolina governor signs gender-affirming healthcare ban into law

South Carolina Governor Henry McMaster on Tuesday signed into law a gender-affirming healthcare ban for transgender minors.

House Bill (HB) 4624, known as the Help Not Harm bill, prohibits physicians, mental health providers and other healthcare professionals from “knowingly” providing gender-transition procedures to individuals under eighteen years of age. HB 4624 defines “gender transition procedures” as puberty-blocking drugs, cross-sex hormones or gender reassignment surgery “provided or performed for the purpose of assisting an individual with a physical gender transition.”

Healthcare professionals can continue to temporarily provide hormone treatments and puberty blockers to minors who are prescribed such treatment before August 1, 2024. The professional must determine and document that immediate termination of the treatment “would cause harm” to that individual, and the period for continued treatment must end by January 31, 2025.

The law further requires schools to notify the parents or guardians of minor students if the child has told a school employee that their gender is “inconsistent with” their sex or asks a school employee to address them by “a pronoun or title that does not align with the minor’s sex.”

House Representative Sylleste Davis stated in January that HB 4624 protects children by “ensuring they are not exposed to irreversible medical procedures at an age when they are most vulnerable.” McMaster offered a similar sentiment in January, stating the bill was “a good idea to keep our young people healthy and safe.”

Critics of HB 4624, however, emphasize the harm that the law will impose on transgender youth. Director of Communications for the Women’s Rights and Empowerment Network Kelli Parker stated, “Rather than prioritizing the real issues facing South Carolinians, our lawmakers shamefully chose to promote hate, fear, and discrimination under the guise of ‘protecting kids.’” Parker added, “Laws that block essential healthcare violate human rights and are a major setback for equality.”

The ACLU of South Carolina announced its opposition to the bill earlier this year, stating that gender-affirming care “is a best practice backed by scientific evidence and endorsed by leading medical organizations.” The organization also noted that such care is “life-saving” and “is the only effective treatment for trans youth to prevent self-harm and suicidal ideation.”

Critics have further emphasized that doctors and patients testified before the legislative committees that gender-transition surgeries are currently unavailable to minors in South Carolina and that patients can only begin hormone treatments after “extensive consultation with health professionals” and the consent of parents or legal guardians.

South Carolina is now the 25th state to restrict or ban gender-affirming treatment for minors. Similar legislation has been introduced in states such as West Virginia, Ohio, and Louisiana in the past few years, representing a spike in legislation that targets the LGBTQ+ community. Last month, the US Supreme Court allowed a gender-affirming care ban for minors in Idaho to go into effect, while the governor of Kansas vetoed a state ban on such care.

The ACLU is currently tracking 515 anti-LGBTQ+ bills in the US. Other types of bills targeting LGBTQ+ youth include policies that restrict personal pronoun usage in schools, prohibit transgender athletes from participating on sports teams that do not correspond with their sex assigned at birth, and limit transgender students’ access to bathrooms that align with their gender identity.

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US Supreme Court declines hearing parent challenge to school gender identity policies

The US Supreme Court declined Monday to hear a challenge to a Maryland school district’s gender identity policy, which parents are alleging violates their rights.

In John and Jane Parents v. Montgomery County Board of Education, three parents with children who attend Montgomery County Public Schools (MCPS) allege the school enacted policies that violated their Fourteenth Amendment rights. The policies adopted by the school in the 2020-2021 school year enabled students of any age to “transition socially to a different gender identity at school without parental notice or consent.” The policies address a multitude of topics: establishing a gender support plan, protecting student privacy, the use of appropriate names and pronouns, and participation in gender based activities. The goal of the policies was to create a safe environment for students.

The complaint alleged no specific allegations regarding the application of the policies. The primary issue at hand was the portion of the guidelines that allow students to transition without parental involvement. School personnel was advised to avoid disclosing the student’s gender without the consent of the student. The US District Court for the District of Maryland previously dismissed the case for failure to state a claim for which relief could be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Supreme Court declined to hear the case upon appeal.

This case comes not long after Maryland parents were denied the right to request to have their children opt out of education on LGBTQ+ history and topics. Parents also alleged that the policy violated their due process rights under the Fourteenth Amendment and their children’s freedom of speech under the First Amendment. These claims were dismissed.

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US State Department issues worldwide travel warning ahead of Pride month

The US State Department issued a “Worldwide Caution” alert on Friday warning US citizens overseas to exercise increased caution amid fears of potential terrorist-inspired violence against LGBTQI+ persons and events. The alert is given two weeks before the start of Pride month in June, known for parades and events that celebrate LGBTQI+ communities.

The State Department advised citizens traveling abroad to be cautious and vigilant in tourist spots, especially if they attend Pride celebrations and places that are usually visited by the LGBTQI+ community.

Additionally, citizens traveling abroad were urged to enroll in the Smart Travel Enrollment Program (STEP) to receive information and alerts from US Embassies about safety conditions in destination countries. This program helps embassies to contact US citizens in cases of emergency, including natural disasters or civil rest, and connect them to their families and friends.

The alert coincided with the commemoration of the International Day Against Homophobia, Biphobia, Interphobia and Transphobia by Secretary of State Anthony Blinken. Blinken wrote on X that the US is committed to promoting the safety and dignity of LGBTQ+ persons as a component of advancing national interests.

Earlier this month, the FBI and the Department of Homeland Security issued a similar statement warning of the potential targeting and exploitation of LGBTQIA+ large gatherings by foreign terrorist organizations. The statement brought to attention past attempts targeting the LGBTQIA+ community, including the Pulse Nightclub shooting in Orlando which left 49 killed or repeated published messages from ISIS to its followers to conduct attacks on the LGBTQI+ venues and events.

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Peru protesters call for repeal of legislation classifying transgender identities as mental illnesses

Hundreds of demonstrators marched Friday in Peru’s capital Lima to call for the repeal of recent legislation that classifies transgender individuals as having a mental illness to provide them access to health benefits.

The law includes transgender identities as mental health conditions in the country’s Essential Health Insurance Plan, which outlines the health conditions covered by health insurance policies. Activists, including Gianna Camacho of the Coordinacion Nacional LGTBIQ+, said the law was transphobic and offensive because it defined their identity as an illness.

The Peruvian government approved a law last week that classifies people who identify as transgender, cross-dressers, and those with gender identity disorders as having “illnesses” that qualify them for mental health services from both public and private providers.

Following this occurrence, around 500 protesters took to the streets of Lima, the capital of Peru, to voice their demands for the repeal of the recently approved law.

The Peruvian Ministry of Health released a statement shortly after the law’s enactment, expressing its opposition to the stigmatisation of LGBTQ+ individuals and clarifying that the legal language aims to enhance health coverage. The ministry further stated that it does not consider sexual orientation and gender identity an indicator of illness, and condemned the practice of conversion therapy. The ministry said that it would not repeal the decree, arguing that doing so would remove “the right to care” as provided by the country.

The protests coincided with the International Day Against Homophobia, a yearly event since 2005 that marks the removal of homosexuality, once considered a mental illness, from the World Health Organisation’s International Classification of Diseases on May 17, 1990.

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Nouvelle publication: Le statut des couples de même sexe dans la jurisprudence strasbourgeoise: (obs. sous Cour eur. dr. h., Gde Ch., arrêt Fedotova et autres c. Russie, 17 janvier 2023)

JL Renchon – Revue trimestrielle des droits de l’Homme, 2024

L’arrêt Fedotova c. Russie du 17 janvier 2023 de la Grande Chambre de la Cour
européenne des droits de l’homme fournit l’occasion de faire le point de l’état actuel
de la jurisprudence strasbourgeoise relative au statut juridique à conférer aux …

Plus: https://www.cairn.info/revue-trimestrielle-des-droits-de-l-homme-2024-2-page-497.htm&hl=en&sa=X&d=9723299469472630346&ei=xahHZvHcM9eJ6rQPjeSN2Aw&scisig=AFWwaebvfghO-bNtwkyJq50kdVQI&oi=scholaralrt&html=&pos=0&folt=rel&fols=

Liechtenstein legalizes same-sex marriage in near-unanimous vote

Liechtenstein’s parliament voted to legalize same-sex marriage on Thursday, making it the 22^nd country in Europe to do so.

Lawmakers in the German-speaking microstate voted nearly unanimously in favor of the measure, with 24 of its 25 members supporting it, Liechtensteiner Vaterland reported.

More: https://www.politico.eu/article/liechtenstein-legalizes-same-sex-marriage-in-near-unanimous-vote/