VZCZCXRO9425
RR RUEHROV
DE RUEHKM #1491/01 2700901
ZNR UUUUU ZZH
R 270901Z SEP 07
FM AMEMBASSY KAMPALA
TO RUEHC/SECSTATE WASHDC 9419
INFO RUCNIAD/IGAD COLLECTIVE

UNCLAS SECTION 01 OF 02 KAMPALA 001491 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM ASEC UG
SUBJECT: UGANDA: HOMOSEXUALITY REMAINS ILLEGAL AND CONTROVERSIAL 
 
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Summary 
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¶1.  (SBU) Public resentment against homosexuality has sparked 
demonstrations and significant public debate over the past few 
months.  The GOU continues to take a strong position against the 
practice of homosexuality in Uganda, which is illegal.  A local NGO, 
Sexual Minorities in Uganda Group (SMUG) publicly declared its 
existence and several members alleged harassment by police for their 
vocal stand against societal discrimination.  A landmark legal case 
is now in the Uganda High Court in which two SMUG members allege 
that government agents had violated their privacy rights. 
Meanwhile, the case and other activism have put the issue on the 
national agenda.  Ugandan law criminalizes homosexuality, even 
though Uganda is a signatory to the International Covenant on Civil 
and Political Rights which bans discrimination based on sexual 
orientation.  This contradiction is being highlighted by 
non-governmental organizations (NGOs).  End Summary 
 
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Background 
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¶2.  (SBU) On March 21, the U.S. Federal Appeals Court blocked the 
deportation of Olivia Nabulwala, a self-declared Ugandan lesbian who 
sought political asylum in the United States.  In her defense, 
Nabulwala told the court that her sexual orientation would guarantee 
persecution if she returned to Uganda.  The court referred her case 
back to the Board of Immigration Appeals.  Nabulwala reportedly 
arrived in the U.S. in 2001 on a tourist visa.  Within a few months 
she filed for asylum. 
 
¶3.  (SBU) The first Uganda court case in which homosexuals sought 
affirmation of their constitutional right to privacy in home and 
person began in December 2006 and continues to be heard.  Juliet 
Victor Mukasa, Chairperson of SMUG, and Yvonne Oyoo sued the GOU for 
violating their privacy rights.  The High Court began hearing the 
case in May this year and the next session is scheduled for 
September 12.  Mukasa alleged that in July 2005, police raided her 
Kampala home in search of "homosexual tools."  The police arrested 
and later released the two women. 
 
¶4.  (SBU) SMUG members first demanded recognition at a conference 
held in Jinja in September 2004.  They allege that they are harassed 
by police, taxi drivers and people on the streets.  Others claim 
that they are humiliated at school assemblies, forced to undress in 
church "to remove evil spirits," or raped to "prove" that they are 
women.  Several members of SMUG, who made a vocal stand against 
discrimination during the World Social Forum in Nairobi, also 
claimed they were harassed by security agencies upon their return to 
Uganda in January 2007.  One member, Jacqueline Kasha, said she 
feared abuse, or arrest.  As a result, she changed residences after 
being informed that the police were looking for her. 
 
¶5.  (SBU) Debates about homosexuality have made headlines throughout 
the summer.  High profile personalities offered letters and 
editorials in the major media outlets and   radio talk shows, the 
majority of which condemned the practice of homosexuality.  An 
opinion poll conducted in Kampala by the Government-owned "New 
Vision" showed that 95 percent of Ugandans were opposed to 
homosexuality. 
 
¶6. (SBU) The issue of homosexuality grabbed headlines again on 
August 16, when SMUG members publicly declared their existence in 
Kampala.  The members complained about discrimination and demanded 
societal acceptance.  Masked participants claimed they were born 
homosexual and wanted to live in peace.  In a show of support, on 
August 22, Human Rights Watch (HRW) sent a letter to President 
Museveni demanding legal reforms repealing the laws against 
homosexuality.  HRW demanded that harassment against members of SMUG 
cease.  Opponents of homosexuality condemned the letter as an act 
that lacked respect for Uganda's culture and values. 
 
------------------------------------ 
Government Position On Homosexuality 
------------------------------------ 
 
¶7.  (SBU) Minister of State for Ethics and Integrity, Nsaba Buturo, 
has spearheaded the Government's efforts to answer international 
critics.  He told Emboff that homosexuality would remain illegal in 
Uganda.  Buturo blamed the media for aiding "apologists of a foreign 
culture.  Uganda as a country has values and should be left to 
defend those values."  On August 21, Deputy Attorney General, 
Freddie Ruhindi, urged government to enact a more stringent law 
against homosexuals in Uganda.  Police Spokesperson, Asan Kasingye, 
refuted allegations that homosexuals were being persecuted.  He 
noted that "homosexuality is a crime that is still at low ebb in 
Uganda.  It is practiced secretively and it is difficult to find a 
complainant." 
 
 
KAMPALA 00001491  002 OF 002 
 
 
¶8.  (SBU) The Constitution of Uganda guarantees the preservation of 
basic human rights yet homosexuality is prohibited by law. 
Homosexuality and bestiality are deemed illegal in Section 140 of 
the Uganda Penal Code.  Sections 141 to 143 outline strict penalties 
for these activities including up to five years in prison.   There 
are no reports of persons who were arrested and charged under this 
law since 2005.  Proof of the offence requires an individual to be 
caught in the act in order to be arrested. 
 
¶9.  (SBU) On August 30 the Broadcasting Council suspended Capital FM 
Radio presenter Gaetano Kaggwa and program controller George 
Manyali.  The Council alleged that the men permitted the use of 
inappropriate language during their morning talk show.  The main 
audience of the show consists of families.  Kaggwa contends that the 
true reason for the suspension was that he hosted a live debate 
among homosexuals.  He admits that vulgar language was used but 
argues that such language is used on other talk shows without 
penalty.  The Council asserted that Kaggwa is not qualified to host 
such a show.  (Note:  Kaggwa is the host of Studio 53, an 
African-wide show on satellite television. End Note.) 
 
 
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Religious Groups Protest 
------------------------ 
 
¶10.  (SBU) On August 21, the Inter-faith Rainbow Coalition against 
Homosexuality in Uganda and anti-homosexual activists demonstrated 
against the practice and its promoters in Kampala. The demonstrators 
carried placards to the "righteous guidance" for matters related to 
sexual orientation.  A petition was presented to Ethics Minister 
Buturo, urging the GOU to take stronger action against what they 
called "a well-orchestrated effort by SMUG to intimidate the 
government." Pastors and religious leaders called on the Government 
to resist external pressure to recognize gay rights.  Buturo assured 
the protestors that the Government would fight the campaign to 
legalize homosexuality.  Recently, Ugandan churches showed support 
and provided pastoral assistance to several U.S. dioceses which were 
against homosexuality.  The East African Muslim Students Federation, 
urged its members to fight the societal infiltration of "immoral 
behavior." 
 
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Comment 
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¶11.  (SBU) The issue of homosexuality in Uganda is highly 
controversial and polls show that the majority of Ugandans oppose 
it.  As a result human rights groups and other social leaders have 
failed to actively support sexual minorities in their fight for 
recognition and acceptance.  The numbers of homosexuals in Uganda is 
unknown.  The donor Human Rights Working Group (HRWG) is monitoring 
the court case and other reported incidents.  End Comment. 
BROWNING