Uganda Human Rights Commission Establishes LGBTQ+ Desk Amid Heightened Persecution Under Anti-Homosexuality Law

In a move signaling cautious progress, the Uganda Human Rights Commission (UHRC) has set up a dedicated LGBTQ+ desk to address issues facing the community amidst rising persecution under the country’s draconian Anti-Homosexuality Act. This development comes as LGBTQ+ individuals face increased threats, violence, and legal challenges, with many seeking refuge in neighboring countries like Kenya.

The Anti-Homosexuality Act, signed into law by President Yoweri Museveni in May 2023, introduced some of the harshest penalties for LGBTQ+ individuals globally. Under this law, anyone convicted of same-sex acts could face life imprisonment, and those deemed to be “serial offenders” or involved in same-sex relations with minors could face the death penalty. The law has sparked international condemnation, with the United States and the World Bank imposing sanctions on Uganda in response to the legislation.

The law has escalated hostility towards LGBTQ+ people in Uganda, forcing many to flee. Since its enactment, there has been a surge in LGBTQ+ asylum seekers crossing into neighboring countries, particularly Kenya. The United Nations High Commissioner for Refugees (UNHCR) estimated in 2021 that Kenya was sheltering around 1,000 LGBTQ+ refugees, and this number has likely increased following Uganda’s 2023 legislation.

Amid this crackdown, the Uganda Human Rights Commission’s decision to establish an LGBTQ+ desk offers a glimmer of hope for those facing discrimination and violence. According to a statement from the UHRC, the desk is designed to handle grievances and issues specifically affecting LGBTQ+ individuals, ensuring they have a platform within the country’s human rights framework.

“During his visit to us earlier today, the European Union Deputy Ambassador H.E. Guillaume Chartrain welcomed our newly established LGBTQ+ desk which is mandated to handle any issues related to the community,” the UHRC stated via its official social media account. Chartrain pledged institutional support from the European Union in addressing the concerns of the LGBTQ+ community in Uganda.

The creation of this desk comes amid growing criticism of Uganda’s government from human rights groups worldwide. Many have pointed out that while the UHRC’s initiative is a step in the right direction, it exists in a highly hostile environment where LGBTQ+ individuals face daily risks of violence, imprisonment, and extortion. There are also concerns about the independence of the commission in a country where the legal system enforces anti-LGBTQ+ laws with fervor.

Kenya as a Safe Haven?
For many Ugandans, Kenya has become the primary destination for fleeing LGBTQ+ individuals seeking safety. However, even in Kenya, their situation remains precarious. LGBTQ+ asylum seekers in the country have reported delays and administrative hurdles, particularly in processing their asylum claims.

John Burugu, Kenya’s refugee commissioner, recently sparked controversy by stating that Kenya would not grant asylum based on sexual orientation or gender identity alone. Burugu emphasized that Kenya’s Refugees Act, enacted in 2021, primarily recognizes refugees fleeing war, religious persecution, and political oppression. While LGBTQ+ people are not explicitly protected under the law, many have historically been recognized as refugees.

Nevertheless, the process for LGBTQ+ asylum seekers has slowed in recent years, with the UNHCR urging Kenya’s Department of Refugee Services (DRS) to address delays and ensure fair access to asylum. The COVID-19 pandemic has compounded these issues, further slowing the asylum process for all refugees, including LGBTQ+ individuals.

A Community in Limbo
For LGBTQ+ Ugandans, life in exile offers little respite. Many find themselves stuck in legal limbo, waiting years for their refugee status to be determined. LGBTQ+ Ugandan activist Sulah, who fled to Kenya in 2016, has yet to receive a final decision on his refugee application, three years after filing. The lack of clarity and increasing backlog in Kenya’s asylum system has left LGBTQ+ refugees uncertain about their future.

Emmalia, a 29-year-old transgender woman, fled Uganda for Kenya in 2023 after a violent attack on her home. Despite escaping immediate danger, she remains stuck in Kenya without the necessary legal documentation to secure a more stable future. “I cannot go back to Uganda because of security reasons, while at the same time, I cannot move out of Kenya since I don’t have the requisite papers,” Emmalia said.

International Scrutiny and Pressure
Uganda’s Anti-Homosexuality Act has drawn sharp criticism from the global community, with calls for its repeal coming from international organizations, foreign governments, and human rights groups. The European Union, the United Nations, and prominent advocacy groups such as Amnesty International have urged Uganda to reconsider its stance on LGBTQ+ rights. The United States, in particular, has placed sanctions on Uganda, and the World Bank has suspended new loans in protest of the legislation.

Despite international pressure, Uganda’s government has doubled down on its position. President Museveni, backed by a strong conservative and religious constituency, has defended the Anti-Homosexuality Act as necessary for preserving traditional values. The law has been broadly supported by Ugandan society, particularly among religious leaders and political elites, further entrenching the dangers faced by LGBTQ+ Ugandans.

Looking Forward
The establishment of the LGBTQ+ desk by the Uganda Human Rights Commission represents a small but significant step in the right direction. However, it remains to be seen how effective this initiative will be in an environment where institutionalized homophobia prevails and legal protections for LGBTQ+ individuals remain nonexistent. For now, LGBTQ+ Ugandans both inside the country and in exile continue to live in fear, caught between the legal repression at home and the slow-moving asylum systems abroad.

As international organizations like the UNHCR and the European Union push for better treatment of LGBTQ+ refugees, the path forward for LGBTQ+ rights in Uganda—and across East Africa—remains fraught with challenges. But the existence of platforms like the UHRC’s LGBTQ+ desk shows that the fight for dignity and human rights in the region is far from over.