1. ENGAGING THE CRIMINAL JUSTICE SYSTEM ON LGBTI RIGHTS: EXPERIENCES FROM UGANDABy
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

2. 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

3. Meeting the Inspector General of Police

4. 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

5. Trainings for and by the Police

6. 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 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

7. The Uganda Police and LGBTI Rights: The Ugly

8. 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.

9. 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

10. 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

11. After securing bail for a client

12. A magistrate training LGBTI persons on the judiciary

13. 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

14. 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.

15. 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

16. 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.