CAT/C/71/D/792/2016
the complainant’s request on 20 July 2016 that the Refugee Appeals Board reopen her case,
the Board received an email from the complainant on 21 July 2016 with a link to a Ugandan
publication. The article dealt with the Danish authorities’ decision to remove two Ugandan
lesbians. Neither the complainant’s name nor her photograph appeared in the article. In its
decision of 5 December 2016, the Board emphasized that the applicant had not been
identified in the article. On 19 December 2016, the complainant once again requested the
Board to reopen her case and referred to another article, published on 15 December 2016,
featuring her name and photograph. In its decision of 30 May 2017, the Board concluded that
the fact that the complainant’s name and photograph had appeared in an article on a Ugandan
website could not lead to a different assessment because in its previous decision the Board
had taken into account background information according to which a number of organizations,
mainly in Kampala, had reportedly been actively and openly discussing the rights of lesbian,
gay, bisexual, transgender and intersex persons and pursuing cases before the courts with the
aim of protecting those rights, according to which support networks for homosexuals had
been set up and according to which issues related to the rights of lesbian, gay, bisexual,
transgender and intersex persons were being discussed openly in large towns. The State party
considers that the Board has taken into account the general situation for homosexuals in
Uganda and the complainant’s specific profile.
Complainant’s comments on the State party’s observations on admissibility and the
merits
5.1
In her comments dated 28 February 2019, the complainant refers to several reports by
international non-governmental organizations on the general situation of lesbian, gay,
bisexual, transgender and intersex persons in Uganda. She quotes the World Report 2018 of
Human Rights Watch, according to which “same-sex conduct remained criminalized under
Uganda’s colonial-era law” and “concerns remain that the 2016 NGO law effectively
criminalizes legitimate advocacy on rights of lesbian, gay, bisexual and transgender …
people”. Moreover, in the report, Human Rights Watch referred to the cancellation of pride
celebrations in Kampala and Jinja after the Minister for Ethics and Integrity threatened
organizers with arrests and violence and reported on the police’s failure to end the practice
of forced anal examinations of men and transgender women accused of consensual same sexconduct.9
5.2
The complainant further cites an extract from Freedom on the Net 2018, in which
Freedom House noted that “hacking attacks against gay individuals for the purpose of
blackmail” had been reported and, specifically, that “a social worker at the Most at Risk
Populations Initiative had their email and Facebook accounts hijacked”, a move that activists
suggested “may have been perpetrated by the government given the sheer amount of
information the social worker possessed about the LGBTI community through their work and
private communications”.10 The complainant also invokes the report Freedom in the World
2018, in which Freedom House states that the lesbian, gay, bisexual and transgender
community “continues to face overt hostility from the government and much of society”,
“homosexuality remains effectively criminalized under a colonial provision” and “men and
transgender women accused of consensual same-sex conduct may be forced to undergo an
anal exam”.11 Finally, the complainant refers to the article entitled “Uganda: human rights
group targeted in violent break-in”, published on 9 February 2018, in which Human Rights
Watch describes how human rights non-governmental organizations, including those that
defend the rights of lesbian, gay, bisexual, transgender and intersex persons, have been
subjected to a string of break-ins, burglaries and attacks without the police having identified
or arrested the suspects.12 The complainant observes that this recent background information
confirms that lesbian, gay, bisexual, transgender and intersex persons in Uganda face a
difficult situation and that non-governmental organizations working to protect their rights are
subject to harassment.
9
10
11
12
See www.hrw.org/sites/default/files/world_report_download/201801world_report_web.pdf, p. 577.
See https://freedomhouse.org/country/uganda/freedom-net/2018.
See https://freedomhouse.org/country/uganda/freedom-world/2018.
See www.hrw.org/news/2018/02/09/uganda-human-rights-group-targeted-violent-break.
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