MOTION FOR A RESOLUTION on The situation  of LGBTI people in Uganda

22.10.2019 - (2019/2879(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Marisa Matias, Helmut Scholz, Stelios Kouloglou, Pernando Barrena Arza, Dimitrios Papadimoulis, Miguel Urbán Crespo, Idoia Villanueva Ruiz, Eugenia Rodríguez Palop, Mick Wallace, Clare Daly, Alexis Georgoulis, Emmanuel Maurel, Anne‑Sophie Pelletier, Manuel Bompard, Manon Aubry, Konstantinos Arvanitis, Petros Kokkalis
on behalf of the GUE/NGL Group

See also joint motion for a resolution RC-B9-0134/2019

B9‑0135/2019

European Parliament resolution on The situation  of LGBTI people in Uganda

(2019/2879(RSP))

The European Parliament,

– having regard to its previous resolutions on Uganda,

– having regard to its Resolution of 11 March 2014 on “launching consultations to suspend Uganda and Nigeria from the Cotonou Agreement in view of recent legislation further criminalising homosexuality,

–  having regard to its previous resolutions on homophobia, protection of minorities and anti-discrimination policies,

 – having regard to the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the African Charter on Human and Peoples’ Rights,

– having regard to the ACP-EU Partnership Agreement (‘Cotonou Agreement’) , and to the human rights and public health clauses and commitments contained therein, particularly Articles 8(4), 9, Article 31a (e) and Article 96,

–  having regard to Articles 2, 3(5), 21, 24, 29 and 31 of the Treaty on European Union and Article 10 and 215 of the Treaty on the Functioning of the European Union,

–  Having regard to the EU human rights guidelines on non-discrimination in external action, adopted by the European Council on 18 March 2019,  

–  having regard to the Guidelines to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons, adopted by the Council on 24 June 2013,

–  Having regard to all EU activities to fight homophobia and discrimination based on sexual orientation, including within the EU Member States, where serious situations of discrimination, persecution, and violence still persist,

–  Having regard to the EU Annual Report on Human Rights and Democracy in the World 2018 – Uganda, adopted by the European Council on 13 May 2019,

–  Having regard to EU commitments to work against the death penalty, especially as expressed in numerous reports and resolutions of the European Parliament,

– having regard to Rule 122 of its Rules of Procedure,

 

1. Whereas last 4 October 2019 the LGBTI and human rights activist Brian Wasswa was brutally assassinated in his residency;

 

2. Whereas on August 1 2019, a young transgender woman, Fahad Ssemugooma Kawere,, was beaten to death , and other LGBTI persons have been killed in the last months;

 

 

3. Whereas Uganda has experienced an increasing number of hate crimes, physical and sexual assault against LGBTI activists and gay people over the last months and years, creating a dangerous situation of discrimination and fear among the LGBTI community;

 

4. Whereas this climate of rising intolerance and violence against LGBTI people is the direct result of the intolerant and homophobic rhetoric used by many political and religious leaders, including high rank government officials, and US based Christian evangelic homophobic groups;
5. Whereas, on 10 of October Ethics and Integrity Minister Simon Lokodo declared that “Our current penal law is limited. It only criminalizes the act. We want it made clear that anyone who is even involved in promotion and recruitment has to be criminalised. Those that do grave acts will be given the death sentence.” ;

 

6. Whereas he also announced that parliament planned to introduce a bill that would criminalize so-called “promotion and recruitment” by gay people, and would include the death penalty for “grave” consensual same-sex acts;

 

7. Whereas a government spokesperson tweeted last 12 of October that the government does not intend to introduce any new law against homosexuality, because the current provisions in the Penal Code are sufficient;

 

8. Whereas under the current Uganda Penal Code derived from British colonial law same-sex sexual acts are illegal and punishable with up to life imprisonment;
9. Whereas Uganda already in 2014 approved an Anti-Homosexuality Act, known colloquially as the ‘Kill the gays’ bill, nullified later by the Constitutional Court on procedural and technical motivations;

 

10. Whereas despite its nullification, its approval and signature by the President Yoweri Museveni contributed to violence, discrimination, evictions, and arbitrary detention of LGBTI people, as documented by many NGO’s and human rights organizations;

 

11. Whereas EU international cooperation should support efforts of ACP States at developing supportive legal and policy frameworks and removing punitive laws, policies, practices, stigma and discrimination that undermine human rights;
12. Whereas it is of the utmost importance to increase the support of local civil society organisations, promoting human rights and fundamental freedoms, including LGBTI people rights;

 

1. Strongly condemn the brutal assassination of human right activist Brian Wasswa, and urges the Ugandan authorities to properly investigate and bring to justice the responsible of this atrocious crime;

 

2. Stresses how repeated hostile and homophobic statements by political and religious leaders have open the way to violent persecution and discrimination against LGBTI people in Uganda.;

 

 

3. Express its deeply condemnation of Minister Simon Lokodo homophobic declarations, and firmly rejects any attempt to reintroduce legislation that would impose death penalty for homosexuality;

 

4. Calls the Ugandan Government to clearly condemn Minister Lokodo homophobic declarations, and to refrain from re introducing the anti-homosexuality act;

 

5. Recalls the Ugandan Government to fulfil the obligation stemming from respect for human rights, democratic principles and the rule of law referred to in Article 9(2) of the Cotonou Agreement; Calls the Uganda Government to respect fundamental human rights, including sexual orientation, to reform its penal code and to decriminalize homosexuality ;

 

6. Calls on the Commission and the Council to include an explicit mention of non-discrimination based on sexual orientation in the future agreement coming in place of the Cotonou Agreement, as demanded on multiple occasions by Parliament;

 

 

7. Calls on the EU Commission to make full use of the political dialogue foreseen under article 8 of the Cotonou agreement, to refrain  Ugandan authorities to pass a new anti-homosexuality act and to continue to ignore their international obligations, pressing Uganda government to put an end to hate speeches, discrimination and violence against LGBTI people, and to decriminalize homosexuality;

 

8. Calls on all Member States to ensure to offer full protection for LGBTI asylum seekers from Uganda ;

 

 

9. Calls on the EU and its Member States to further engage the Government of Uganda for the abolition of death penalty;

 

 

10. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the President of the Republic of Uganda, the Speaker of the Ugandan Parliament and the African Union and its institutions.