Government Tightens Grip on LGBTQ+ and Human Rights Organizations with New Law

President Yoweri Museveni signed the Non-Governmental Organizations (Amendment) Act, 2024, imposing stringent controls over the operations, funding, and licensing of NGOs, including those advocating for LGBTQ+ rights in Uganda. The new law dissolves the National Bureau of NGOs, transferring its responsibilities to the Ministry of Internal Affairs.

The move, which follows a parliamentary vote in April, responds to allegations that the former NGO Bureau obstructed government oversight of organizations promoting what lawmakers describe as “undesirable foreign practices,” particularly related to LGBTQ+ rights. The legislation also reflects broader concerns about the potential misuse of foreign funds.

Parliamentary Debate and Controversies

During the parliamentary debate, Speaker Anita Among criticized NGOs, alleging they were a conduit for funds supporting homosexuality. She stated, “This is where money is being laundered into the country; this is how homosexuality money is coming into the country.”

MPs, including vocal LGBTQ+ rights opponents such as Sarah Opendi, supported the shift of regulatory oversight to the Ministry of Internal Affairs. They argued that the previous NGO Bureau’s independence was problematic and allowed for the operation of organizations contrary to Ugandan values.

Historical Context and Legal Challenges

The NGOs Bureau had previously halted operations for Sexual Minorities Uganda (SMUG) in August 2022. SMUG, an organization combating LGBTQ+ discrimination, was accused of operating illegally due to issues with registration and office presence. The Bureau’s decision led SMUG to challenge the ruling in both lower and appellate courts, ultimately losing its case.

In response to the recent legal developments, SMUG Executive Director Frank Mugisha, alongside activists Dennis Wamala and Ssenfuka Joanita Wary, has petitioned the Supreme Court to overturn the Court of Appeal’s decision against SMUG. Their petition argues that the Court of Appeal misapplied principles of public morality and incorrectly upheld the NGOs Bureau’s actions as lawful.

Mugisha and his colleagues claim that the rejection of SMUG’s registration infringes on their freedom of expression and association, and they seek to have the Supreme Court overturn the previous rulings.

Broader Implications and Activist Response

The new legislation comes amidst ongoing legal battles over Uganda’s Anti-Homosexuality Act of 2023. Activists view the amendments to NGO regulations as part of a broader crackdown on dissent and human rights advocacy in the country. The restrictions on LGBTQ+ organizations, combined with the recent legal challenges, highlight a tense period for human rights defenders in Uganda.

The Supreme Court’s upcoming decision on the appeal will be closely watched, as it could have significant implications for the future of human rights organizations in Uganda and their ability to operate and advocate effectively.