We are disappointed that despite numerous calls from citizens of Uganda, communities, civil society and development partners, President Yoweri Museveni proceeded to assent to the Anti-Homosexuality Act, 2023.
We express concern over the negative impact that this legislation will have on the ability of the LGBTQ+ community in Uganda to access health services, including HIV prevention, treatment, and management services.
The legislation will exacerbate and legitimize violence, harassment, aggression, intimidation, discrimination, increase HIV infection rates, stigma against the LGBTQ+ community in Uganda, and negatively impact all their spheres of lives.
This law breaches national, regional, and international human rights commitments that Uganda is a signatory to and advances a cause that violates fundamental human rights of the people of Uganda, breeding a culture of intolerance and violence. The objects of the law and the crimes it creates are egregious and in violation of Uganda’s national, regional and international obligations and responsibilities to respect, protect and uphold human rights.
We take note of the fact that laws that criminalize consensual same-sex conduct drive entire populations underground and make it exceedingly difficult for individuals to access effective health care services, particularly in relation to Sexual and Reproductive Health or interventions for the management of HIV and opportunistic infections like TB. By legitimizing stigma, discrimination and violence, the effect of this law will be to stop people from accessing health care interventions which enable them to lead safe and dignified lives. This will lead to poor SRHR outcomes in Uganda.
Further, by purporting to protect family values, the law takes a narrow and restrictive conception of family, yet family is formed in various ways. We invite the legislators in Uganda to learn from the progressive, inclusive, and revolutionary Cuban Family Code’s conception of a family. Criminalizing an entire section of the population who are not interfering with the rights of others is no way to ‘protect family values.’
We also take this opportunity to recognize and applaud the ten individual petitioners and one organization who have filed a constitutional petition in the Constitutional Court of Uganda to challenge this legislation.
In conclusion, we call for this law to be repealed and also call on the leadership of the East African Community to condemn, in no uncertain terms, this outrageous legislation.
Download statement here: EAC-CSO-Statement-on-Ugandas-anti-rights-Anti-Homosexuality-Act-2023-1.pdf (kelinkenya.org)
Endorsed by:
- Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN)
- Men For Positive Living support community based organization
- Coalition for Grassroots Human Rights Defenders – Kenya (CGHRDs-Kenya)
- Pamoja TB Group
- AIDS Healthcare Foundation-Kenya (AHF-Kenya)
- Ishtar -MSM
- HOYMAS KENYA
- HAPA KENYA
- Pema Kenya
- MAAYGO
- Usawa Kwa Wote Initiati(UKWELI)
- Health GAP
- Salina Youth Initiative, Kenya
- Watu Center for Health and Advocacy (WACHA HEALTH)
- TALANTA AFRICA – TA
- Consolation
- KP Consortium of Kenya
- Raise Your Voice
- galck+
- Amnesty international Kenya
- Women Collective Kenya
- Youth Empowerment and Support CBO Machakos
- Impact 4 Youth Kenya (I4Y-K)
- Western Kenya LBQT Feminist Forum
- Forum For Civic Participation in Governance (FCPG) Migori County
- Secular Kenya
- AMKENI MALINDI ORGANIZATION
- Kitui Innovators
- Zamara Foundation
- Hope Trans Initiative
- Lake Region Womxn Health and Equal Rights
- East Africa Legal Service Network
- Trans Support CBO
- Picture youth group organization
- Kenya Human Rights Commission (KHRC)
- Defenders Coalition – Kenya
- Kwale Network of People Who Use Drugs [KwaNPUD KENYA]
- National Empowerment Network of PLHIV in Kenya [NEPHAK]
- Afya Yetu Coalition – Kenya
- Revolutionary Socialist League
- JINSIANGU KENYA
- Repro Justice Congo (DRC)
- MUAMKO MPYA CBO
- Coalition for Peace and Gender Champions in Africa(CPGC-Africa)
- Voices of Women in Western Kenya (VOWWEK]
- The Eagles for Life Kenya (TEFL-K)
- Impact CBO Meru