UGANDA: CEDAW: Uganda Denies Human Rights Violations Faced by LGBT and Disabled Women

Uganda appeared before the Committee on the Elimination of Discrimination against Women (the Committee) on 13 October 2010 to present its combined 4th to 7th periodic report. The delegation of Uganda was headed by Ms Rukia Isanga Nakadama, Minister of State for Gender and Cultural Affairs and included female delegates from the areas of law, health and social affairs as well as members of parliament. The Committee expressed its grave concerns about the widespread human rights violations faced by disabled, LGBT and elderly women in Uganda. Gender-based violence and impunity for perpetrators were other key issues. Although Uganda's report included frank information on a number of topics, it failed to address discrimination faced by particularly vulnerable groups of women. Regarding these concerns, a number of Committee members referred several times to 'deeply disturbing information' from sources such as NGOs.


One of the issues raised by the Committee was a private members bill submitted to the Parliament of Uganda one year ago that would introduce life sentences or even death penalty for homosexual acts. The delegation rejected any State responsibility since the bill had not been introduced by members of the Government. Similarly, the delegation denied any State responsibility for the publication by a Ugandan newspaper of pictures of 100 homosexual men and women with calls to 'hang them'. The delegation tried to excuse it as part of freedom of the media and said the police would be responsible for dealing with any consequences that may arise, while the Committee insisted that this was 'a very unacceptable situation and a case of incitement to violence' (Ms Dorcas Coker-Appiah). However, these concerns fell on deaf ears among the delegation of Uganda which argued that poverty was a driving factor for homosexuality. The Committee's concluding observations call for Uganda to decriminalise homosexual behaviour and oppose the private members billed currently under review. Additionally, the Committee called for adequate protection from violence and harassment for those suffering discrimination based on sexual orientation.

Another issue of great concern was the situation of disabled women who face widespread abuse, harassment, discrimination and social exclusion according to NGO reports. The delegation neglected the existence of particular human rights violations faced by disabled women while the Committee insisted that the Government has to adopt measures addressing the vulnerability of disabled women and reminded Uganda of its obligations under the Convention on the Rights of Persons with Disabilities (CRPD). Furthermore, the Committee again clarified the scope of protection under CEDAW Article 2, with Committee member Mr Flinterman stating that it 'protects all women from discrimination on multiple grounds', including disability, age, their status as refugees or their sexual orientation. At the conclusion of the session the Committee adopted general recommendation no. 28 which sets out the Committee's interpretation of Article 2 including protection for those who experience discrimination on the grounds of sexual orientation and gender identity as well prohibiting civil and penal laws that discriminate against vulnerable groups of women.

The Committee was alarmed at de facto impunity for rape due to widespread corruption among police officers who frequently 'lose' files on rape cases. This was dismissed by the delegation, denying cases of corruption amongst the police. Other prominent concerns included access to secondary education, uncontrolled population growth, and legislation on inheritance and property. The Committee commended the strengthening of the national machinery for gender equality and the adoption of legislation on female genital mutilation, domestic violence, and the ratification of the Rome Statute. Furthermore, the Committee congratulated the implementation of one of its recommendations made in 2002, leading to the abolishment of a provision that required a woman to get the written consent of her husband when requesting a passport.