Unintended Consequences of International Human Rights Advocacy in Uganda
| Author | Ciara Bottomley |
Unintended Consequences of International Human Rights
Advocacy in Uganda
Ciara Bottomley*
This Article analyses the unintended consequences human rights advocacy
has had on the rights of LGBTI persons in Uganda. This Article traces the
criminalisation of homosexuality in former British colonies to modern day
anti-homosexuality laws and discusses the interplay between LGBTI rights
and state sovereignty. An analysis is provided of the background to the
legislation and the role of American religious leaders in its drafting. This
Article analyses the unintended consequences of both international and
national LGBTI advocacy in Uganda in light of the assertion that the
international non-governmental organisation movement may have done
more harm than good. This Article concludes that any hope of repealing
the law rests on the success of strategic litigation. Since this Article was
written the Anti-Homosexuality Law has been struck down by the
Constitutional Court in Uganda on the basis that parliamentary quorum
was not met when the law was passed. This is a positive if somewhat
perfunctory advancement as Parliamentarians have drafted a new, almost
identical bill which is currently under consideration.
I. INTRODUCTION
The Anti-Homosexuality Act was passed in Uganda in February 2014. The Act
received strong support from American Christian missionaries and builds upon
a long history of criminalised homosexuality inherited from colonial rule.1
Despite this, the new law has received a considerable amount of attention in
Western media and international no n-governme ntal organisations. Under t he
new law, promoting, fund ing, offering premises or ‘aiding and abetting’
* Ciara Bottomley is currently studying for an LLM in Human Rights, Conflcit and Justice at
SOAS, Univers ity of Lo ndon and receiv ed an LLB (H ons) in English and Fren ch Laws with
French fr om the Univ ersity of Li verpool and Univer sité de Par is 1, Panth éon Sorbon ne. The
author would like to thank Professor Lynn Welchman for her invaluable insights, guidance and
support throughout.
1 Ugandan Penal Code Act 1950, s 15(2).
50 Unintended Consequences of International Human Rights
Advocacy in Uganda
www.soaslawjournal.org
homosexuality carries a prison sentence of five to seven years.2 Directors of
organisations that seek to support lesbian, gay, bisexual, trans/transgender,
intersex (LGBTI) persons, if convicted, can be sentenced for up to seven years in
prison and have their trading licences revoked.3 This provision presents a grave
threat to the work of human rights defenders and violates fundamental human
rights including freedom of expression, assembly and association.4 This law has
grave implications not only for the civil and political rights of LGBTI persons,
but also for their economic, social and cultural rights.
This Article seeks to determine how to defend the human rights of the Ugandan
LGBTI community in this climate of fear and oppression. Past and present
advocacy strategies that seek to defend the rights of LGBTI persons in Uganda
will be analysed in light of the new law. To do so, this Article looks at the
background of the legislation and the role of American religious leaders in its
drafting. There is critique of the advocacy strategies employed by international
non-governmental organisations and analysis on some of the ethical dilemmas
faced. This Article concludes that any hope for change must come from Uganda
itself, as international decriminalisation efforts often ignore local realities.
II. HOMOPHOBIC UGANDA?
Homosexualit y was neithe r condoned nor condemned in the t erritories that are
known today as Uganda. 5 Laws regulating homosexual activity were a colonial
import. The first anti-homosexuality law, section 377 of the Indian Penal Code,
dates to 1860. A carbon copy of this law has also been used in other former
British colonies. The British are said to have believed the laws could ‘inculcate
European morality into resistant masses. They brought in the legislation, in fact,
because they thought ‘native’ cultures did not punis h ‘perverse’ sex enough’.6
At the time of writing, there are 82 jurisdictions with laws criminalising private,
consensual sexual conduct between adults of the same sex. 53 of these
jurisdictions are Commonwealth countries and 80% of them criminalise
2 Anti-Homosexuality Act 2014, Pt 3.
3 ibid s 13.
4 International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into
force 23 March 1976) 999UNTS 171, arts 19, 21-22.
5 Sylvia Tamale, ‘Out of the Closet: Unveiling Sexuality Discourses in Uganda’ (2003) 2 Feminist
Africa 42.
6 ‘This Alien Legacy: The Origins of “Sodomy” Laws in British Colonialism’ (Human Rights
Watch 2008) www.hrw.org /sites/default/files/reports/lgbt1208_web.pdf> accessed 24
April 2014.
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