On Wednesday, the Daily Monitor, a state newspaper in Uganda, headlined a story, “Five Suspected Homosexuals arrested.”
Police in Pader district have arrested five people suspected to be promoting the act of homosexuality in the district.
The suspects were arrested in the period of one week after the tip off by the locals, who accused the suspects of moving within the schools in the district, promoting the practice which was early this year criminalized by the Anti-homosexual [sic] Act 2014.
It’s alleged that the suspects have been carrying out clandestine movements in both primary and secondary schools in the district luring the pupils and students into the practice.
The story was foggy, but certainly made it sound as though these were early victims of the country’s months-old Anti-Homosexuality Act. It came only a couple of days after Uganda’s Foreign Ministry had issued a palliative statement aimed at donors, saying the new law had been “misinterpreted as a piece of legislation intended to punish and discriminate against people of a ‘homosexual orientation’, especially by our development partners,” The government “will continue to guarantee equal treatment of all persons on the territory of Uganda,” it promised sunnily.
The coincidence was too rich and sinister not to stress, “Five Ugandans have been arrested under the country’s draconian Anti-Homosexuality Act,” said the US-based Advocate magazine. Somewhat to my embarrasment, I got on this bandwagon myself, at first tweeting:
–then correcting myself a day later, as we heard more from Ugandan activists:
Neither message was accurate. In the last two days, a team from Uganda’s Human Rights Awareness and Protection Forum (HRAPF) A team from HRAPF and Sexual Minorities Uganda (SMUG) went to Pader, in Uganda’s north. “The team spoke to the Officer in Charge at Pader Police Station, the District Police Commander of Pader, one of the persons arrested, and visited the school where the incidents of promotion of homosexuality were said to have taken place. ” According to a message from Adrian Jjuuko, HRAPF’s Executive Director, this is what they found:
1. It is true that five people including a minor were arrested in Pader on allegations of homosexuality. The arrests took place on 26th and 27th of June 2014. The five persons are: an 18 year old who was the original complainant, a 34 year old businessman; a 16 year old student who stays with the businessman, and a 21 year old and a 30 year old.
2. The background to the case is that one of the arrested persons, the now 18 year old (who was a minor at the time the case was first reported) was arrested on 10th October 2013 for attempted suicide. When asked about the reasons for attempting suicide, he stated that his employer with whom he had been staying had started acting violent towards him. That they had been living together for sometime as ‘husband and wife’ but he had turned violent after he had accused him of stealing his money. That is why he attempted to take his life by stabbing himself. The Police did not arrest the employer at that point. On or around 25th June 2014 he once again stabbed himself and he was arrested by the Police. He repeated the story and that is when the Police arrested the other four.
3. They were not charged with any offence but statements were taken from them.
4. They were subjected to anal exams which were inconclusive.
5. The file was forwarded to the Resident State Attorney who did not advise on any charge but instead sent the file back to the police commenting that there was no evidence of any offence related to homosexuality.
6. The police released all the persons who had been arrested on Police Bond. The file however remains open and ‘investigations’ are ongoing.
7. On the allegations of promotion of homosexuality, no one was charged with this, and the Headmaster of the school denies that there are cases of recruitment that have been heard in the school. The Police also do not mention any facts on which this [newspaper claim] was based.
Three things are noticeable. First: a minor claimed that he was a victim of domestic violence. The legal case started, though, when he was arrested as a result, followed by the alleged perpetrator and others. In other words, the story shows again that even Uganda’s old, colonial-era sodomy law (never mind the new one) denies people accused of being lesbian, gay, bisexual, or transgender the basic protection of the law. The rhetoric surrounding the new “Anti-Homosexuality” law was that it was meant to protect “children and other vulnerable groups,” as the recent government statement reaffirmed. That’s nonsense. Children are at threat, deprived of any protection under the law.
Second, while we don’t know what else these people underwent during the police investigation. the “inconclusive” forensic anal exams, while medically valueless, are also an intrusive and abusive form of inhuman treatment that, conducted in carceral conditions, can amount to torture.
Third, the “investigation” continues to hang over the heads of the abused men, with no indication of whether or when they could finally be exculpated and freed from the threat.
Torture, abuse of children, absence of safety or protection, unending and debilitating uncertainty: even without the Anti-Homosexuality Act being invoked, the legal menaces to the lives of LGBT Ugandans are real enough.