ENGAGING THE CRIMINAL JUSTICE SYSTEM ON LGBTI RIGHTS: EXPERIENCES FROM UGANDA By Adrian Jjuuko Human Rights Lawyer and Advocate Executive Director, Human Rights Awareness and Promotion Forum- Uganda (HRAPF) Presentation at the 1st World LGBT Conference for Criminal Justice Professionals Amsterdam, 4 August 2016

Background Information Uganda criminalises consensual same sex conduct under a colonial era law. It is punishable with life imprisonment. LGBTI people occasionally get arrested, charged and prosecuted for consensual same sex relations frequently by the police There is occasional violence against LGBTI people by non state actors There are no LGBTI specific measures in any of the criminal justice institutions Conversations are going on with the Police and other agencies and relationships and trust are being built

Meeting the Inspector General of Police

The Uganda Police and LGBTI Rights: The good In 5 instances in 2014, the Police intervened to protect LGBTI persons from violence I perpetrator of a mob attacker on transgender persons was charged, convicted and sentenced to 3 months imprisonment David Kato’s killer was promptly arrested and successfully prosecuted for murder The Inspector General of Police has on 2 occasions met with LGBTI leaders The Director, Legal and Human Rights Directorate responds personally to calls for assistance from LGBTI groups Pride week is on right now in Uganda and the Police gave permission and is providing protection- it’s the 5th time

Trainings for and by the Police

The Uganda Police and LGBTI Rights: The Bad The Uganda Police is the leading violator of LGBTI rights. 47 out of 89 documented human rights violations against LGBTI people in 2014 were by the Police These violations are: arbitrary arrests (12 out of 36 arrests with no charges)) parading suspects before the media (11 cases) non consensual HIV examinations (4 cases) anal examinations (3 cases) denying access to lawyers (I case) detention beyond 48 hours 918 out of 36 cases) detaining transgender persons with opposite gender (10 cases) using excessive force during arrests (2 cases) Stopping LGBTI meetings- 2 meetings in 2014

The Uganda Police and LGBTI Rights: The Ugly

Engagements with the Uganda Police Force so far Meetings between IGP and LGBTI activists Continuous engagement with the Directorate of Legal and Human Rights. Trainings of Police officers on LGBTI rights Engaging individual police officers on issues of LGBTI persons Sharing of advocacy documents like reports with police. Social media campaign calling upon the police to do its job and protect LGBTI people Exchange in the media over the break-in at the HRAPF offices over demands for investigations However, it is all one sided with us reaching out and no effort on the Police’s part.

Prosecutors and LGBTI Rights The Directorate of Public Prosecutions has the constitutional mandate to direct police to investigate cases and institute criminal proceedings on behalf of the state There is no prosecutorial policy on LGBTI persons or cases Prosecutors almost in all cases sanction charges for consensual same sex relations without evidence All cases brought before court have been dismissed for want of prosecution There has not been targeted engagement with the office of the DPP but this is due to start

The Judiciary and LGBTI Rights No single case concerning consensual same sex conduct has been successfully concluded in Uganda’s courts All cases end up being dismissed by the courts for lack of evidence Last year a magistrate condemned the use of anal examinations even when they are not necessary There have been two convictions for attacks on LGBTI persons Sometimes the magistrates impose difficult bail conditions and yet sureties are not easy to get as well as money Engagement with the judiciary has started with meetings and workshops for magistrates who have handled criminal cases before are on

After securing bail for a client

A magistrate training LGBTI persons on the judiciary

Prisons and LGBTI persons The prisons service receives LGBTI persons However, no facilities exist for LGBTI persons There is occasional abuse of LGBTI persons especially transgender ones while in prison Condoms are not provided in prisons to ‘avoid homosexuality’ No specific engagement with prisons has been done but this is due to start

Challenges while engaging the criminal justice institution The fear of imprisonment and victimisation Hostility from police officers and other officials Isolation by other civil society organisations Finding staff who can do the job and maintaining them A non supportive public which regards this as a non issue Poor facilitation of police officers which makes it difficult for them to do their work generally.

What Conference participants can do to support Uganda Engage the Uganda Police Force and other law enforcement agencies on the need to protect LGBTI rights Invite Ugandan police officers to the next conference Encourage and support exchange visits for Ugandan officials to learn how the system works in other countries

Conclusion Uganda’s criminal justice institutions are not beyond homophobia but they have a duty to LGBTI citizens too. There is a lot of potential to do more and support can be provided by all present here.