A STATEMENT ON THE CONSTITUTIONAL COURT DECISION ON THE ANTI-HOMOSEXUALITY ACT OF 2023

Uganda Court Nullifies 4 Sections of Draconian Anti-Gay Law: A Glimmer of Hope for LGBTQ+ Rights

The panel of five judges upheld 13 provisions of the Anti-Homosexuality Act assented into law in 2023. In summary, the judgment delivered on Wednesday, 3rd April,2024 stated that Sections 3(2)(c), 9, 11(2)(d), and 14 of the Act contravened the Constitution of Uganda, 1995. The nullified Sections criminalized various aspects related to homosexuality, including letting premises for homosexual purposes, failure to report homosexual acts to the police, and engaging in acts resulting in illness transmission.

This decision stemmed from four petitions challenging the Act, filed following its passage and presidential assent on May 26, 2023, by President Yoweri Museveni. Twenty-two private citizens and human rights activists contested all 17 Sections, alleging violations of human rights and freedoms enshrined in the country's constitution and international human rights instruments. The petitions faced opposition from entities including the Attorney General and the Family Life Network Limited. Additionally, the Court received an amicus brief from the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS).

During the determination, the panel considered legislation and judicial decisions from other jurisdictions that have decriminalized consensual homosexuality in private spaces. It also noted the lack of global consensus on non-discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC).

The judges deliberated on the conflict within international human rights law between a universal understanding of human rights and respecting diverse human cultures. They acknowledged Uganda's socio-cultural norms, values, and aspirations as mandated by the Constitution. The Act, reflecting Ugandan societal realities, was passed by a significant majority of democratically elected representatives.

Justices Richard Buteera, Geofrey Kiryabwire, Monica Mugenyi, Kibeedi Muzamiru, and Christopher Gashirabake upheld the constitutionality of the Anti-Homosexuality Act, save for the four nullified provisions, in their verdict.

UGANDA: Stand in Solidarity with Sexual Minorities Uganda (SMUG) Amidst Court Decision

On 12th March 2024, the ruling by the Uganda Court of Appeal on the registration of Sexual Minorities Uganda (SMUG) has sparked profound concern within the international community. As an organization dedicated to promoting human rights and equality worldwide, we express our unwavering support for SMUG and its ongoing struggle for LGBTQ rights in Uganda.

The decision handed down by the Court of Appeal reinforces existing challenges faced by sexual minorities in Uganda and reflects a concerning trend of discrimination within the country's legal system. Despite SMUG's persistent efforts to obtain legal recognition, today's ruling represents a setback in the fight for equality and justice.

At Reuniting of African Descendants (ROAD) INC , we firmly believe in the inherent dignity and rights of all individuals, regardless of sexual orientation or gender identity. We stand in solidarity with SMUG and commend their resilience in the face of adversity. The denial of legal recognition not only infringes upon SMUG's rights but also undermines the broader principles of freedom of association and expression.

We echo SMUG's call for a thorough review of this decision by the Supreme Court and urge the Ugandan government to uphold its international obligations to protect the rights of all its citizens, including those within the LGBTQ community. Upholding fundamental human rights is essential for fostering a just and inclusive society where everyone can live with dignity and respect.

As an international organization, we remain committed to supporting SMUG and other LGBTQ rights organizations in their pursuit of equality and justice. We will continue to advocate for meaningful change and stand alongside those fighting for LGBTQ rights in Uganda and around the world.

Statement by SMUG: Dr. Frank Mugisha on X: "Today, Sexual Minorities Uganda (SMUG) has received the verdict from the Registrar Court of Appeal in Kampala, Uganda concerning the registration of the name 'Sexual Minorities Uganda (SMUG)' as a company limited by guarantee in 2012. https://t.co/b92pMjx7aF" / X (twitter.com)

Media Release: Court Of Appeal Upholding Discrimination; Denies Registration Of Sexual Minorities Uganda | Kuchu Times

Ugandan appeals court upholds ruling that blocked LGBTQ group from registering (washingtonblade.com)

Sexual minorities group vows to challenge court of appeal ruling (independent.co.ug)

Ugandan court backs government's refusal to register LGBT organisation | Reuters

JOIN THE FIGHT:

• Write letters to the government of Uganda to cease their efforts that cause more harm and violence to a community that is already marginalized and in danger. Letter Template: Click here. Social Media Kit: Click here

Minister of Gender, Labour and Social Development TUMWEBAZE FRANK KAGYIGYI ftumwebaze@parliament.go.ug.

Facebook Page: Parliament of Uganda

Twitter: @Parliament_Ug

General Email Box: cpa@parliament.go.ug

• Broadcast this message to individuals, organizations, and journalists to spread awareness.

• Tag celebrities, top broadcasters, social medial outlets, and national news outlets.

DONATE: Your donations go directly to give TGNC and/or SGL individuals the basic human needs to survive. Your donations, time, and efforts help end food insecurity and homelessness.

Supporting Jordan Zeus and other Transgender Refugee in South Sudan

In a world marred by turmoil and displacement, the plight of refugees often remains hidden behind the curtains of indifference. Yet, within the vast expanse of human suffering, there are voices that refuse to be silenced, like that of Jordan Zeus, a transgender man seeking refuge in the heart of South Sudan.

The story of Jordan Zeus and other transgender refugees epitomizes the struggles faced by marginalized communities worldwide. Forced to flee his homeland of Kenya due to persecution, Jordan sought solace in South Sudan, only to find himself embroiled in a harrowing tale of survival. As a transgender refugee, his journey has been fraught with discrimination, danger, and deprivation.

From Kenya to South Sudan: Jordan's journey began in Kenya, where life grew increasingly intolerable for LGBTQ individuals. Faced with persecution and government mandates forcing LGBTQ refugees to leave, Jordan had no choice but to seek sanctuary elsewhere. Arriving in South Sudan, he hoped for a fresh start, only to be confronted with a new set of challenges.

Living Conditions: Life in the refugee camp has been nothing short of a nightmare for Jordan and his fellow refugees. Accommodation provided by UNHCR, meant to offer shelter and safety, has crumbled under the weight of torrential rains, leaving them exposed to the elements. Forced to sleep in the open, their vulnerability is compounded by the threat of violence and discrimination within the camp.

Jordan's plea for assistance is a cry for survival. Desperate for basic necessities like shelter, food, and medicine, he implores for support to rebuild his life. The funds raised will go towards constructing sturdy housing, acquiring tents and mattresses for immediate relief, as well as providing essential supplies like food and medicine to alleviate their suffering.

Facing Discrimination and Violence: The challenges facing transgender individuals in South Sudan extend beyond mere deprivation. They are confronted with systemic discrimination, targeted arrests, and even physical violence at the hands of authorities and fellow refugees alike. Jordan's plea is not just for material assistance but for the acknowledgment of their humanity and the recognition of their right to live free from fear and persecution.

Jordan's story is a testament to resilience in the face of adversity. It is a reminder that behind every statistic lies a human being with dreams, aspirations, and an inherent dignity that must be upheld.

In the vast tapestry of human suffering, Jordan's voice beckons us to action. Let us not turn a blind eye to his plea but instead, let us stand in solidarity with him and countless others like him who are struggling to survive against all odds. Together, we can make a difference, one act of kindness at a time.

How You Can Help:

• Donate to ROAD's relief fund to provide immediate assistance.

• Share Jordan's story and those of others like him struggling to survive against all odds, which can be found on ROAD’s website/blogs and social media to raise awareness and garner support.

• Advocate for the rights of LBTQ refugees globally and demand equitable treatment and protection.

In a world fraught with division and strife, let compassion be our guiding light, illuminating the path towards a more just and inclusive society. Let us heed Jordan's call and lend our support to ensure that no one is left behind in the pursuit of a better tomorrow.

**We will continue to provide updates on this critical issue as it unfolds**

The LGBTQ+ Rights Struggle in Ghana: A Closer Look at Recent Legislation

Ghana, known for its rich cultural heritage and vibrant communities, has recently found itself at the center of international attention due to its stance on LGBTQ+ rights. In a move that has sparked widespread debate and concern, the Ghanaian parliament has passed a controversial bill aimed at curtailing LGBTQ+ activities within the country.

The recent legislative developments in Ghana regarding LGBTQ+ rights signal a growing trend of opposition to LGBTQ+ communities in the country. While the passage of this bill may reflect prevailing societal attitudes and political realities, it also raises questions about the protection of fundamental human rights and freedoms. As the debate continues, it is essential to engage in constructive dialogue and advocacy efforts to promote tolerance, acceptance, and equality for all individuals, regardless of sexual orientation or gender identity.

The Legislation: The newly approved bill imposes strict penalties on individuals who openly identify as LGBTQ+ or support LGBTQ+ causes. Those convicted could face up to three years in prison for self-identification and up to five years for involvement in LGBTQ+ organizations or funding. Additionally, the bill proposes harsh sentences of up to ten years for advocacy targeting LGBTQ+ youth.

Implications and Concerns: This legislation has raised significant concerns among human rights activists, both within Ghana and internationally. Organizations like Amnesty International have warned that the bill poses a serious threat to the fundamental rights and freedoms of LGBTQ+ individuals in Ghana. There are fears of increased persecution, harassment, and violence against members of the LGBTQ+ community, as well as those advocating for their rights.

The Role of Tradition and Religion: The passage of this bill reflects the deeply ingrained societal attitudes towards LGBTQ+ issues in Ghana. Traditional and religious leaders have played a significant role in shaping public opinion and influencing policy decisions. The closure of Ghana's first LGBTQ+ community center in Accra in response to public protests and pressure from religious groups underscores the influence of these institutions on government actions.

Political Landscape: Despite some opposition, the bill received backing from Ghana's major political parties, indicating a consensus among lawmakers on the issue of LGBTQ+ rights. President Nana Akufo-Addo's pledge to sign the bill into law if it aligns with the wishes of the majority further highlights the political dynamics at play.

International Response: The passage of this legislation has not gone unnoticed on the global stage. Various international organizations and leaders have expressed their concerns regarding the potential human rights violations and negative impact on Ghana's development. The United Nations has emphasized the importance of protecting LGBTQ+ rights as part of broader efforts to promote equality and inclusion.

**We will continue to provide updates on this critical issue as it unfolds**

LGBTQ+ Rights Under Siege: The Urgent Situation in Uganda

It is with heavy hearts that we report on the dire situation currently faced by LGBTQ+ individuals in Uganda. On May 29, 2023, President Yoweri Museveni signed into law the 2023 Anti-Homosexuality Act, a deeply oppressive and draconian piece of legislation that threatens the lives and freedoms of LGBTQ+ Ugandans. This law has sent shockwaves throughout the LGBTQ+ community and human rights advocates around the world. 

The Long History of Struggle 

This is not the first time Uganda has been at the center of the battle for LGBTQ+ rights. The country's colonial-era Ugandan Penal Code of 1950 already criminalizes consensual same-sex sexual activity with a maximum penalty of life imprisonment. Previous attempts to pass anti- LGBTQ+ legislation in 2010 and 2014 were met with international outcry and significant pressure, leading to their eventual halt or overturning. However, the recent passage of the2023Anti-Homosexuality Act is a grim reminder of the uphill battle faced by LGBTQ+ Ugandans. 

The 2023 Anti-Homosexuality Act: A Grave Threat 

The 2023 Anti-Homosexuality Act is undoubtedly one of the harshest anti-LGBTQ+ laws ever enacted. Under this law, any form of advocacy or promotion of homosexuality is prohibited, further expanding the definition of the "offense of homosexuality." This not only infringes on upon the rights of LGBTQ+ individuals to express themselves freely but also creates a hostile environment that stifles their ability to participate in public life and engage in activism.

Chilling Effect on Freedom 

The impact of this legislation is far-reaching. Freedom of speech, expression, and association are under severe threat, with LGBTQ+ individuals and their allies facing the risk of persecution and punishment for merely advocating for their rights. The law effectively curtails personal liberty, privacy, and equality for LGBTQ+ Ugandans, pushing them further into the shadows and isolating them from society. 

Escalating Discrimination and Violence 

Even before the passage of this new law, LGBTQ+ Ugandans were already enduring high levels of discrimination and violence. Now, with the 2023 Anti-Homosexuality Act in place, their situation has grown even more precarious. The law not only empowers authorities to enforce draconian penalties but also fuels societal prejudice, placing LGBTQ+ individuals at even greater risk of hate crimes and abuse. 

International Response and Solidarity 

The international community has reacted strongly to this blatant violation of human rights. Many countries, organizations, and individuals have condemned the 2023 Anti-Homosexuality Act and have called for its repeal. Advocacy groups and human rights organizations are working tirelessly to support LGBTQ+ Ugandans and pressure the Ugandan government to reverse this unjust law. 

Moving Forward: A Call to Action 

The situation for LGBTQ+ individuals in Uganda is dire, and urgent action is needed. The global community must stand in solidarity with LGBTQ+ Ugandans and demand an end to the persecution and discrimination they face. As we continue to shed light on their struggles and, amplify their voices, let us work together to advocate for the repeal of the 2023 Anti- Homosexuality Act and to ensure that all individuals, regardless of their sexual orientation or gender identity, can live free from fear and discrimination. 

**We will continue to provide updates on this critical issue as it unfolds**

Congo: What’s Going On?

THE LIFE OF THE TRANS COMMUNITY IN THE DEMOCRATIC REPUBLIC OF CONGO

written by Mulamba Maxim, ROAD African Laison -Congo & Rainbow Sunrise Mapambazuko 

The predominance of discrimination and intolerance against trans women continues to fuel the spiral of homophobic violence and hate crimes in which they are drawn daily and create an environment conducive to their exclusion and persecution and contribute to their instability, violence, and homelessness.

The portrayal of trans women as a threat in society because of their sexual orientation, gender expression, and gender identity has been and continues to be, one of the root causes of the violations of their human rights that they are confronted.

In fact, women are victims of serious violations of their rights on a daily basis, and more than 80% of trans women living in the city of Bukavu are homeless.

Most were hunted by their families and others searched rural areas following threats from customary authorities and the community who threatened them with death. The majority of trans women spend the night in him and others have to engage in prostitution to survive. This situation leads most to fall victim to corrective rape, others are arbitrarily arrested and subjected to inhuman and degrading treatment, others are publicly stripped and humiliated by media workers and the community.

Here are some testimonials:

Bella, a 24-year-old trans woman.

 “I was hunting in my family when I was 19, when my dad found out about my sexual orientation, I've been on the streets for 5 years now, I haven't or spend the night. I have been raped more than 10 times in the street and arbitrarily arrested law enforcement officers 3 times overnight for my gender expression. After 3 years spent on the streets and homeless, I was in a difficult financial situation and even lacked food. I then had to manage on my own. So I started doing sex work at that time, because I had no other solution. I am qualified and have a state degree, but employers judge me on my identity and gender. I have been beaten up by customers several times, others mug me at night when they find out that I have a male but female appearance.

Also Some clients don't like condoms and I due to the lack of means to survive have to accept sex without protection just to have some money to survive. In the street where we spend the night each person is obliged to pay 1000 CDF / day to the street gang leaders to spend the night quietly and not be beaten up at night. We spend the night in tunnels and sometimes in dinghies during the dry season but during the rainy season we look for an abandoned house or an unfinished house to spend the night there. "

Archangel, a trans woman, 29 years old.

 “I am a trans woman, I am homeless and I was hunted in my home 3 years ago. I was hunted in 2018 when my pastor came to my parents to accuse me that I was a homosexual, and that I was the bad luck of my family and if my father refuses to chase me he will die saw that I practice of satanic and evil relationship. In the streets where we live the police don't like us trans women. A few months ago our friend was suavely assaulted and died three days later from the injuries; I too was the victim of police brutality. With a group of trans girlfriends, we went out to a nightclub. We just wanted to have another sister's birthday party. A car stopped and the driver offered to drop us off. Unfortunately, he was a plainclothes policeman… He picked us up at the police station, forced us to sign a false statement written by the policemen. Finally, they made us take our clothes off to prove our identity. They were so violent that there was nothing I could do. I complied. It was horrible, I was humiliated and I couldn't even press charges for police brutality. It was inhuman.

 I remember in June 2020, a Muslim church leader here, in his speech on COVID-19, he said it was divine punishment for people who did not conform to their sex and gender identity. The attitude of our society towards trans women creates more discrimination and stigma and the gay community is in panic ... Whenever there is a disaster, the gay community is blamed by religious leaders. "

Although often excluded from statistics, official documents, and national policies in the context of the protection and fight against gender-based violence, it is striking to note that the specific need of trans women in terms of protection as a that the human person is not a real subject of concern, even though it includes an objective dedicated to gender equality, subject of Sustainable Development Objective 5 (SDG5). SDG5, as important as it is for advancing women's rights and their empowerment, is also a missed opportunity to broaden the concepts of inclusion and equality, to combat homophobic violence, and promote peace and freedom. justice for all people, regardless of their sexual characteristics, gender identity, and sexual orientation (subject of SDG16).

UGANDA: What’s Going On?

On May 3rd,2021, the Uganda Parliament passed the Sexual Offense Bill 2019, which states that homosexuality and sex work are illegal & criminalized. PDF of the Bill https://bit.ly/3thLipy News Coverage: https://bit.ly/2RnJmP4

What Does This Mean: This bill says that same-gender-loving and Transgender people (which is often conflicted due to the government’s lack of nuance) and the act of our self-expression and ways of love is a sexual offense, similar to rape & sexual assault. Therefore, the government will enforce law enforcement & government official to take extreme actions on Transgender and same-gender-loving Ugandan and sentence them to 10 years in prison, like sentencing them to death.

WHY WE FIGHT: Trans and Queer people are beaten, sexually brutalized, tortured, and murdered without any government interruption or medical assistance when these acts of violence take place. This bill will increase human rights violations, related stigma, and discrimination, affecting their access to health services. Trans and queer individuals have already been impacted abundantly by previous laws such as the “Kill the Gays bill” passed in December 2013, which promoted the genocide of Black Trans and Queer people.

JOIN THE FIGHT:

• Write letters to the government of Uganda to cease their efforts that cause more harm and violence to a community that is already marginalized and in danger. Letter Template: Click here. Social Media Kit: Click here

Minister of Gender, Labour and Social Development TUMWEBAZE FRANK KAGYIGYI ftumwebaze@parliament.go.ug.

Facebook Page: Parliament of Uganda

Twitter: @Parliament_Ug

General Email Box: cpa@parliament.go.ug

• Broadcast this message to individuals, organizations, and journalists to spread awareness.

• Tag celebrities, top broadcasters, social medial outlets, and national news outlets.

DONATE: Your donations go directly to give TGNC and/or SGL individuals the basic human needs to survive. Your donations, time, and efforts help end food insecurity and homelessness.

"No Sibling Left Behind: Uniting the TGNC and SGL Communities Across the African Diaspora"

In the face of ongoing injustices, the "No Sibling Left Behind" Initiative, led by ROAD, stands as a rallying cry for the TGNC (Trans and Gender Non-Conforming) and SGL (Same-Gender Loving) communities across the African Diaspora. This powerful call to action seeks to shed light on the challenges faced by these communities while providing access to a wealth of knowledge and experiences from TGNC and SGL individuals worldwide.

At its core, the "No Sibling Left Behind" Initiative is a platform for authenticity, unapologetically sharing the raw and genuine stories of our siblings who share our same origin, stories, and skin color. Through a diverse range of posts, videos, and testimonials, this initiative aims to create a global network of support and understanding.

It is a resounding declaration that "Black Trans Lives Matter EVERYWHERE." In a world where injustice, gender-based violence, transphobia, homophobia, and other forms of discrimination persist, it is easy to feel isolated. However, the belief at R.O.A.D is clear: "If One of Us ISN'T Free, NONE of US are FREE." This initiative serves as a bold and actionable call to show up, show out, and unite in the fight for equality and justice for all.