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

Michael Gahler, Tomas Tobé, Loránt Vincze, Vladimír Bilčík, Željana Zovko, Tomáš Zdechovský, Tomasz Frankowski, Magdalena Adamowicz, David McAllister, Andrius Kubilius, Isabel Wiseler‑Lima, Milan Zver, David Lega, Stelios Kympouropoulos, Arba Kokalari, Roberta Metsola, Sandra Kalniete
on behalf of the PPE Group

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

B9‑0142/2019

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 previous resolutions on discrimination on grounds of sexual orientation, notably that of 4 February 2014 on the EU Roadmap against homophobia, discrimination on grounds of sexual orientation and gender identity and of 14 February 2019 on the future of the LGBTI List of Actions (2019-2024),

 

–  having regard to the Joint Declaration of 9 October 2019 by the EU High Representative for Foreign Affairs and Security Policy and the Secretary General of the Council of Europe on the European and World Day against the Death Penalty;

 

–  having regard to international human rights obligations, including those contained in the UN Conventions on Human Rights and in the European Convention on Human Rights and Fundamental Freedoms,

 

–  having regard to the EU Guidelines on the promotion and protection of the enjoyment of all human rights by LGTBI persons,

 

–  having regard to the EU Guidelines on the death penalty, on torture and other cruel, inhuman or degrading treatment or punishment, on human rights defenders,

 

–  having regard to the Charter of Fundamental Rights of the European Union, in particular Article 21 thereof, which, prohibits discrimination based on sexual orientation,

–  having regard to the cross-party letter signed by 70 MEPs on 15 October 2019 the persecution of LGBTI community in Uganda,

 

–  having regard to the ACP-EU Partnership Agreement (the Cotonou Agreement),

 

–  having regard to Rule 144 of its Rule of Procedure,

 

 

1. whereas this month, Simon Lokodo, Ugandan Minister of Ethics and Integrity, has expressed the will to reintroduce the anti-homosexuality bill which would include the death penalty for “aggravated homosexuality”, bringing uproar among human rights groups; whereas Mr Lokodo has claimed to be supported by President Museveni and a number of parliamentarians;

 

2. whereas on 12 October, Ofwono Opondo, the government spokesperson, affirmed that the government had no intention to introduce any new law with regards to LGBT activities since “the current provisions in the penal code are sufficient”; whereas this was confirmed by President Museveni’s senior press secretary;

 

3. whereas the Anti-Homosexuality Act banning the promotion of homosexuality and imposing death penalty for homosexual acts was already introduced in 2014, at the initiative of President Museveni, but was eventually declared null and void by the Ugandan constitutional court; whereas the international community at large had strongly condemned the proposed law and many donors, including EU Members States, the United States and the World Bank withheld their development aid to the country;

 

4. whereas however, homosexuality remains a criminal offence under Ugandan law and many existing laws allow discrimination against LGBT people, limiting their access to employment, education or health services;

 

5. whereas this event sadly brings to light the appalling situation of LGBT persons in Uganda; whereas discrimination, hate crimes and anti-homosexual campaigns are regularly reported by human rights organisations, including harassment, beatings, extortions, evictions, arbitrary arrests and detention, and killings;

 

6. whereas according to Sexual Minorities Uganda, an alliance of LGBT organisations, three gay men and one transgender woman were killed this year, the latest being the LGBT activist Brian Wasswa, who was attacked in his home on 4 October 2019, a few days before Mr Lokodo’s declaration;

 

7. whereas homosexuality is still considered illegal in the majority of African countries and whereas Mauritania, Sudan, northern Nigeria and Somalia punish homosexuality by death;
8. whereas the EU’s development assistance to Uganda amounts to 578 million euros under the 2014-2020 National Indicative Programme; whereas it includes the promotion and safeguard of good governance and the respect for human rights as a key objective;

 

1. Expresses deep concern at the resurgence of the anti-homosexuality bill in the Ugandan political debate; strictly condemns Mr Lokodo’s rhetoric for fuelling homophobia and hate, and recalls its strong opposition to all forms of discrimination based on sexual orientation as well as any incitement to hatred and violence towards LGBT persons;

 

2. Takes note of the statement made by President Museveni’s spokesperson denying any intention from the government to propose a new bill and calls on the Ugandan government to stand by this statement;

 

3. Firmly rejects the use of death penalty under any circumstances;

 

4. Regrets that the Ugandan law is still highly discriminative against LGBT persons and urges the Ugandan authorities to review any law criminalising homosexuality and LGBT activists;

 

5. Condemns the recent arbitrary killing of Brian Wasswa and deplores the alarming number of victims targeted on the basis of sexual orientation, including by national security forces; urges the Ugandan authorities to thoroughly and impartially investigate any violence and attacks against LGBT persons and to hold perpetrators into account;

 

6. Calls on the Ugandan government to strengthen human rights violations redress mechanisms within the police, and to ensure that police officers uphold their duty to protect the rights of all persons, including members of the LGBT community;
7. Recalls the Ugandan commitments under the Cotonou Agreement and international law to respect human rights and fundamental freedoms;

 

8. Calls on the EU delegation in Uganda to continue to closely monitor the situation of LGBT persons in Uganda and actively support civil society organisations and human rights defenders on the ground; stresses the importance of raising awareness and understanding on the situation of LGBT persons and their families;

 

9. Calls on the EU to effectively make use of all relevant external instruments, including the Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT) People and its accompanying guidelines, in their dialogue with the Ugandan authorities to ensure the full protection of LGBT persons;

 

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 Uganda, the Parliament of Uganda, the African Union and its institutions.