By Kathambi Kinoti

AWID: Uganda, like other countries in the region, is on the whole homophobic. What kinds of rights violations do LGBTI individuals face from the state and the community?

PEPE JULIAN ONZIEMA: The legal and political climate is very unfriendly. Same sex sexual acts remain criminal in Uganda. The Penal Code of Uganda criminalizes ‘carnal knowledge of another against the order of nature’ and this is used as grounds to imprison LGBTI persons. Punishments range from seven years to life imprisonment.

We consider people who are criminalized solely because of their homosexuality — including those individuals prosecuted for having sex in circumstances which would not be criminal for heterosexuals, or for their gender identity —to be prisoners of conscience. Unfortunately calls for their immediate and unconditional release have fallen on deaf ears.

Poverty contributes to the situation. The scarcity of resources is prevalent in Uganda and this is further magnified for those people who belong to the marginalized group that the LGBTI is. The situation is made worse by the open persecution by the government. Offical registration is required for a group to gain legitimacy and access to funding. When it is known that a group supports LGBTI rights they are often denied or stripped of NGO status. This therefore leaves the group’s resources strapped and they opt to seek foreign support for their efforts.

These examples of homophobia clearly reflect the urgency for not only LGBTI activists but also human rights activist to take action and campaign for LGBTI rights.

FRANK MUGISHA: When people are found out to be gay they are disowned by their families, they lose jobs, and some are sent away from the areas where they live. The state has laws that criminalize homosexuality, but it has not criminalized or made any effort to stop anti-gay crusades. State officials like the Minister for Ethics and Integrity frequently utter statements in public forums that trigger homophobia. In addition there is routine violation of the freedoms of speech and of association of LGBTI individuals in Uganda.

AWID: In the past few years, LGBTI activism has increased. Please tell us a little about this and what impact there has been.

FM: The number of LGBTI people who are coming out is increasing in Uganda due to the advocacy we have done and this has increased the activism. Ugandan society is very homophobic and this has forced Ugandan LGBTI people to come out and tell their fellow Ugandans that we are humans and that we deserve equal respect like any one else.

There has been some negative and some positive impact. With more activism the media has begun to publish less negative stories about homosexuality. There is a little tolerance from the community, and some service providers and key players in Uganda acknowledge LGBTI people in their policies. Some civil society organizations, human rights defenders and human rights organizations have started working with LGBTI groups. We also won a landmark court case in 2008.

On the negative the state is now thinking of drafting new laws that will criminalize even people who advocate for the rights of LGBTI people. We have seen the rise of anti gay groups, pastors and religious leaders strongly coming up to fight homosexuality in Uganda.

PJO: We have achieved a lot through awareness campaigns, which have helped us in establishing safety networks for activists in Uganda. The government has come out strongly against our activities, and these threats have scared of some of our activists, reducing the human resource in our community. At the same time, the few activists there are have become stronger and keep challenging the homophobic statements that threaten our work.

We have strengthened and fostered linkages with human rights allies. There has been support for the development of LGBTI resources like pamphlets, flyers and other resources that address LGBTI health and rights concerns.

AWID: Frank, please tell us a little bit more about the case you mentioned.

FM: In 2005, a local council officer forcefully entered the residence of Victor Mukasa and arrested Oyo Yvonne subjecting Oyo to torture and inhuman and cruel treatment while in police custody. The parties sued the state and after three years justice prevailed. On 22nd December 2008 Victor Mukasa and Oyo Yvonne won the case and got compensation for invasion of their privacy and violation of their human rights which are protected by the constitution of Uganda and the Universal Declaration of Human rights.

AWID: Are arrests and prosecutions of LGBTI people common?

FM: Yes, they are. The police arrest LGBTI people a lot and at the moment we are handling more than six cases that are with the police or in court in which people have been arrested on suspicion of being homosexuals. Sometimes the police blackmail and extort money from LGBTI people whom they have arrested.

AWID: You have talked about some of the challenges that LGBTI individuals face. What challenges are there in the activism for LGBTI rights?

FM: One of the challenges is the law criminalizing homosexuality which makes it very difficult to operate in Uganda. Many civil society organizations that want to work with us fear that if they do so, their certificates of registration will be withdrawn. The homophobia we face also makes the environment hostile to work in. We have to be very careful all the time.

PJO: There is - of course - the stigma and discrimination that prevail. As well, organizing around health and rights in a hostile environment like Uganda in effect leaves activists burnt out. We also lack a comprehensive and systematic capacity building programme for LGBTI activists. We need our capacity built in areas that are essential to our work such as organizational development and management, leadership skills, advocacy planning, working with the media and knowledge of international human rights standards. Another challenge we face is the limited opportunities to disseminate training skills and information to our local communities.

Religious institutions in Uganda have been outspoken and hostile in regard to homosexuality and the situation is worsened by the fact that they hold a very powerful position in African society and as a result their influence cannot be over looked. Lack of resources for activists to sustain themselves is also a challenge and the lack of registration status affects the flow of funding, which means that activists often have poor living conditions and experience burnout.

AWID: What support, if any, have you received from women's and human rights organizations within Uganda and outside?

PJO: Organizations like ISIS Wicce and Akina Mama wa Afrika have on many occasions supported the work of LGBTI rights activists in Uganda. They have sent representatives to our press conferences and workshops and also invited us to some of their activities. East and Horn of Africa Human Rights Defenders Project is a human rights organization that has played a pivotal role in the protection of LGBTI rights activists in Uganda. It has carried out training in human rights and security for human rights defenders who include LGBTI activists. Uganda Human Rights Commission and Amnesty International have also been very helpful.

FM: As Pepe says, local women’s rights organizations have shown a lot of solidarity. International women’s rights organizations have also supported us financially to enable us carry out our work in Uganda.

AWID: What are your priorities at the moment?

FM: We need to sensitize the Ugandan society more and let them know that gay Ugandans are normal people. Same sex relationships are normal, not a white or western import like they say here. We need to have human rights organizations, civil society and human rights defenders on our side to support us.
We also need policy change. If we can change policies in Uganda then LGBTI people will be respected and more will receive equal services. For example the HIV and AIDS preventive methods and programs in Uganda do not address or take account of LGBTI people.

PJO: Identifying allies remains a priority for LGBTI persons and activists who feel isolated and see the church as a key link to social inclusion. Exploring potential opportunities for advocacy is another priority at the moment. For instance an anti-gay bill that is going to be tabled in parliament presents an opportunity to mount our advocacy.

In addition to this, working on unification among activists to increase the efficacy of community and government targeted advocacy. We also want to form a group of African LGBTI activists who will provide support to the various campaigns for the advancement of LGBTI rights in and around Africa. We are prioritizing the development of safe places through the use of technology. We intend to use the internet to propel community organizing in order to help local groups and individuals to gain access to and learn from examples of activism around the world.