CEDAW/C/69/D/80/2015
Office of the United Kingdom of Great Britain and Northern Ireland on 10 April 2014.
It appears from those sources, in the view of the State party, th at, although conditions
in Uganda can be difficult in certain circumstances, lesbian, gay, bisexual and
transgender people are not routinely or systematically targeted by the authorities.
Although homosexuality is prohibited in Uganda under section 145 of the Penal Code
Act of 1950, no one has been convicted of homosexuality 7 and support networks have
been set up. Moreover, the Constitutional Court of Uganda struck down the
controversial Anti-Homosexuality Act on 1 August 2014.
6.4 The State party further refers to the most recent background reports on the
situation in Uganda, 8 which it claims confirm that, although conditions can be
difficult in certain circumstances, there is no routine or systematic targeting by the
authorities or the public. There is no basis for assuming that the author’s activities in
Denmark have exposed her to such an extent that she would be persecuted.
Accordingly, the State party reiterates that the author does not face a real risk of
persecution in Uganda and that her return wo uld not breach article 1, 2 or 3 of the
Convention.
6.5 With respect to the author’s argument that the Convention was not mentioned in
the national-level proceedings, the State party stresses that, although the Convention
is not explicitly referred to in the vast majority of the Board’s decisions, Denmark is
bound by underlying international conventions, from which national protection
emanates. By way of illustration, the State party refers to the explanatory note to the
bill amending the Aliens Act, concerning section 7 (2), which provides that residence
permits should be issued to aliens (other than those falling under the 1951 Convention
relating to the Status of Refugees) who have a right to protection under those
conventions to which Denmark has acceded. It is further explained in the note that
section 7 (2) is drafted in accordance with article 3 of the European Convention for
the Protection of Human Rights Fundamental Freedoms and its Protocol No. 6, as
well as article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The Board obviously also undertakes, as part of
its non-refoulement analysis, an assessment of the possible discrimination against
women to which asylum seekers would be exposed in case of r eturn, and any
assessment under section 7 of the Act comprises the risk of gender-specific abuse.
6.6 In conclusion, the State party reiterates its opinion that the author has failed to
establish a prima facie case for the purpose of admissibility of her c ommunication,
which is manifestly ill-founded. Should the Committee find the communication
admissible, the State party submits that it has not been established that there are
substantial grounds for believing that it would constitute a violation of the Con vention
to return her to Uganda. Lastly, the Government wishes to draw attention to the
statistics on the case law of the Danish immigration authorities, which show, among
other things, the recognition rates for asylum claims from the 10 largest national
groups of asylum seekers decided by the Board between 2013 and 2015.
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7
8
8/11
See United Kingdom, Home Office, “Uganda: claims based on sexual orientation”, Country
Information and Guidance (London, 2014), para. 1.4.3: “Under anti-gay legislation before the
enactment of the AHA (Anti-Homosexuality Act), the State did not generally enforc e the law,
though there were reports that LGB persons were arrested by the police for lesser offences, such
as indecent assault, attempts to commit unnatural offences and being idle and disorderly. The
evidence does not, however, indicate that LGB persons are routinely or systematically being
targeted by the police.”
See, for example, World Report 2016: Uganda, published by Human Rights Watch on 27 January
2016, Amnesty International Report 2015/16: Uganda, published by Amnesty International on
24 February 2016, and the 2015 Uganda country report on human rights practices, published by
the Department of State of the United States on 13 April 2016.
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