Dear Reader,
We are happy to share with you the eleventh issue of the Spotlight Newsletter which provides highlights of HRAPF's interventions during the third quarter (July to September 2023). In this quarter, the most predominant issues have been around the enforcement of the Anti-Homosexuality Act, 2023 (AHA) and its impact on our work. During the quarter, enforcement of the Act gained traction, with various Ministries, Departments and Agencies (MDAs) as well as private individuals implementing the Act.
Under HRAPF's new strategic plan 2023/2027, we implement activities under four programme areas: Access to Justice; Advocacy and Influencing; Community Capacity Enhancement; and the Center for Law and Marginalisation.
Despite the new law, HRAPF continues to provide legal aid services to all our target groups including LGBTQI persons as we did before. Those with legal challenges can and continue to physically come to our offices or reach out to Rapid Response team on the same contacts as before, including our toll free line 0800130683.
Enjoy your read!
ACCESS TO JUSTICE
LEGAL AID SERVICE PROVISION
HRAPF offers free legal aid services to sex workers, PWUIDs, LGBTQI persons, survivors of Gender Based Violence in refugee settlements, women, girls, and health workers in conflict with abortion laws, the elderly, indigent persons with land justice issues, and women and girls living with and/or affected by HIV/AIDS.
We handle cases through the following channels: the main legal clinic at the HRAPF secretariat in Kampala; regional legal aid centres, legal aid desks and through our network of community paralegals working with advocates at HRAPF.
During the quarter, a total of 667 cases were handled. Community paralegals handled the highest number of cases which were 294 cases; followed by the secretariat which handled 258 cases; the regional legal aid centres handled 63 cases; and the specialised legal aid desks handled 52 cases. The majority of the cases handled were sex worker cases (318 cases), followed by LGBT cases (247 cases), and followed by PWUID cases (67) and land and HIV (35). Out of 667 cases handled during the quarter, 518 have since been closed while 149 remain pending, representing a case completion rate of 77.7%.
The actions taken in addressing these cases benefitted a total of 951 people. 430 benefitted from cases involving sex worker cases; 294 persons benefited from LGBT cases; 110 benefited from PWUIDs cases and 117 persons benefited from land and HIV cases.
IMPACT OF THE ANTI-HOMOSEXUALITY ACT, 2023 ON THE NUMBER AND NATURE OF CASES INVOLVING LGBTIQ PERSONS IN THE THIRD QUARTER
In the period from 1st to 31st July 2023, a total of 84 cases were handled across the legal aid network, with 53 of these containing actions that specifically targeted people for negative treatment on the basis of their sexual orientation or gender identity, affecting a total of 67 persons. This represents 63.1% of all cases handled. Out of the 53 cases in which actions were taken targeting LGBTIQ persons on the basis of their sexuality, 26 were cases of evictions from homes, villages and rented properties affecting 33 persons; 21 were cases of actual or threatened violence affecting 24 persons; and 6 were cases of arrests affecting 10 persons.
In the month of August 2023, HRAPF handled a total of 71 cases across the legal aid network, a reduction from 84 in July 2023. Out of the 71 cases handled, 47 involved actions that directly targeted people for negative treatment on the basis of their SOGIE, representing 66.2% of all the cases handled during the month. Out of these, 22 were cases of eviction from rented properties, 19 were cases of violence and threats of violence and 6 were arrests for sexuality-related reasons. These actions affected a total of 59 individuals.
In the month of September 2023, HRAPF handled a total of 68 cases involving LGBTIQ persons across its legal aid network, a slight reduction from 71 in August 2023. Out of the 68 cases handled, 49 involved actions that directly targeted people for negative treatment on the basis of their SOGIE, representing 72.1% of all the cases handled during the month, a slight increase from the 47 (66.2%) in August 2023. Out of these 24 were cases of violence and threats of violence, 22 were cases of eviction from homes and rented properties, and 3 were arrests based on sexuality. These violations affected a total of 73 individuals up from 59 individuals in August 2023 – a 23% increment.
COMMUNITY MONITORING OF HUMAN RIGHTS VIOLATIONS
We held meetings with Key populations (KP) communities on the human rights situation in their communities. Three meetings were held in Mayuge on 8th September 2023, attended by 43 persons; in Kayunga on 23rd September, attended by 44 persons; and in Kampala on 25th September, attended by 49 persons.
COMMUNITY ENGAGEMENT AND LEGAL AND HUMAN RIGHTS AWARENESS
LEGAL AID CAMPS
HRAPF held 4 legal aid camps with sex workers and PWUIDs. The first camp were held on: 20th July 2023 in Hoima reaching out to 39 participants; On 21st July 2023 in Fort portal attended by 40 persons; In Mubende on 22nd July 2023 attended by 43 persons and in Mbale on 7th September attended by 37 persons.
AWARENESS SESSIONS WITH SEX WORKERS
In the period, HRAPF conducted 10 awareness sessions with sex workers from Kamuli, Bugiri, Mbale, Butaleja, Namutumba, Iganga, Mayuge and Kaliro. A total of 255 sex workers from the districts mentioned above were reached.
AWARENESS SESSIONS WITH PWUIDS
During the quarter, one awareness session was conducted with Persons who use and Inject drugs in Mukono district on 10th September 2023. The session was attended by 30 persons.
AWARENESS SESSIONS WITH PLWHIV
Two awareness sessions with Persons Living with HIV were conducted in Mpigi district. One session was conducted in Kiringente on 2nd of August 2023, attended by 71 persons and the second session was held in Nabyewanga on 9th August 2023, attended by 115 persons.
CENTER ON LAW AND MARGINALISATION
The Center on Law and Marginalisation (CLM) was established under the new HRAPF strategic plan 2023 – 2027 to promote a sustained development of knowledge and jurisprudence for the promotion and protection of human rights of marginalised persons and key populations. The strategic objective is to build a center of excellence on research and strategic litigation for the promotion and protection of rights of marginalised persons and Key Populations.
STRATEGIC LITIGATION
Under the Convening for Equality, HRAPF organised 13 legal strategising meetings in preparation and drafting of the Constitutional petition challenging the Anti-Homosexuality Act, 2023.
In the period, we also served conferencing notes unto the Attorney general chambers and held 18 meetings with the intending amici in the petition challenging the AHA.
We also followed upon pending strategic litigation cases where we; appeared before judge panels to clarify written submissions and followed up with the registrar on fixing appeal dates and judgements.
OFFERING DURABLE SOLUTIONS TO LEGAL AID CLIENTS
In the period, we filed two matters involving violations in courts of law; assisted 3 clients to get back their properties back, these included two refrigerators, land sale agreements and a plot of land.
Several other interventions were conducted which included drafting pleadings, serving court documents, writing witness statements, having extensive meetings with clients to discuss their cases, attending court-based mediations, having case review meetings, meetings with clients, and calling clients to either follow up or update them on their cases.
COURT CASES HANDLED
HRAPF handled a total of 16 civil court matters and represented clients 42 times during the quarter. During the period, 42 files involving cases of sex workers and 32 land matters were followed up.
RESEARCH AND PUBLICATIONS
In the period, HRAPF commissioned the following publications;
ADVOCACY AND INFLUENCING ENGAGEMENTS
ADVOCACY ENGAGEMENTS ON THE ANTI-HOMOSEXUALITY ACT, 2023
HRAPF held a legal committee retreat with partners from Burundi, Rwanda, Tanzania, Kenya and Uganda to discuss and strategise on challenging the Anti-Homosexuality Act 2023 beforethe East African Court of Justice.
ADVOCACY ON THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONTROL BILL 2023
With regard to the Narcotic Drugs and Psychotropic Substances Control Bill 2023, we developed a position paper which was presented to the Defence and Internal Affairs Committee of Parliament on 13th July 2023.
STAKEHOLDERS DIALOGUE ON THE NDPSC BILL 2023
On 17th July 2023, we held a dialogue with 26 stakeholders from KCCA, Uganda Police, Butabika Hospital, Palliative Care Uganda, Ministry of Health and private mental health caregivers to discuss, strategise and harmonise advocacy efforts towards the NDPSC Bill 2023.
MEETING OF THE COALITION TO DECRIMINALISE AND DECLASSIFY PETTY OFFENCES IN UGANDA
HRAPF as the secretariat of the Coalition to Decriminalise and Declassify Petty Offences in Uganda held a meeting with partners on 4th July 2023. The meeting was attended by 15 participants who were representatives from the coalition.
SUPPORT TO THE KP/STI TWG MEETINGS
HRAPF attended and facilitated a session on the legal and human rights updates on the AHA 2023 at the Key Populations/ Sexually Transmitted Infections Technical Working Group meeting that was conducted on 1st September 2023.
REGIONAL AND INTERNATIONAL ADVOCACY
HRAPF was part of the Women Deliver Conference in Rwanda that took place from 17th to 20th July. HRAPF was represented by Mr. Edward Mwebaza, the Deputy Executive Director.
HRAPF was part of the International HIV Society conference in Brisbane, Australia from 24th to 28th July 2023 and was represented by Dr. Adrian Jjuuko, the Executive Director.
HRAPF was represented by Dr. Adrian Jjuuko at the Bergen Exchanges conference from 14th to 18th August where he was part of a discussion on inequality and legal change discussing unequal access to justice.
HRAPF was represented by Dr. Adrian Jjuuko who participate in the Clinton Global Initiative in New York from 18th to 19th September 2023
ADVOCACY CAPACITY ENHANCEMENT
ADVOCACY CHANGE AGENTS TRAINING
In a bid to make them agents of change in their community, HRAPF conducted two advocacy trainings for sex workers from Mbale District. One training was conducted from 17th to 21st July 2023 that reached out to 10 participants and another one from 15th to 18th August 2023 that reached out to 10 sex workers in Mbale district. The rights holders were equipped with skills and knowledge on how to conduct advocacy on issues sex workers face as well as the various stakeholders to engage in order to ensure improved access to justice and health services for sex workers in Mbale.
QUARTERLY FEEDBACK MEETING
In the period, we also conducted a quarterly feedback meeting with 21 KP CSO leaders on our work. The meeting was conducted on 21st July 2023 and attended by 15 KP CSO.
CONVENINGS WITH RIGHTS HOLDERS
HRAPF in conjunction with SIPD Uganda conducted one kyoto convening with the intersex community from Mbale on 29th August 2023. This convening was a safe space for the rights holders to open up and share with each other about their SRHR needs and experiences as intersex persons as well as learn about the various SRHR concepts. The convening was attended by 11 intersex persons.
MEDIA ENGAGEMENTS
HRAPF was represented by 2 staff who were hosted on Baba TV speaking about access to justice and health services for Key Populations in Uganda.
HRAPF held two radio talk shows discussing petty offences and the impact of the court judgment in the case of Francis Tumwesige V Attorney General, which decriminalised some of provisions of the Penal Code criminalising being rogue and vagabond. The talk shows were held on 17th August 2023 on Bukedde FM and on 28th August 2023 on CBS FM.
COMMUNITY CAPACITY ENHANCEMENT
COMMUNITY PARALEGAL TRAINING PROGRAMME
PARALEGAL TRAININGS
Three modules of the community paralegal training were conducted for 11 sex workers in the quarter. The sex workers were trained in basic concepts of the law in order to provide immediate and emergency support to their communities.
In the quarter, we also conducted 3 modules of the community paralegal training for Persons who use and inject drugs.
SUPPORT TO PARALEGALS TO FURTHER THEIR STUDIES
HRAPF supported one community paralegal to continue pursuing a Bachelor's degree in Law at Cavendish University and also supported one community paralegal to continue studying a diploma in law at the Law Development Center.
WORKSHOPS AND TRAININGS FOR DUTY BEARERS ON HUMAN RIGHTS AND MARGINALISATION
The promotion and protection of human rights for all requires the engagement and inclusion of various stakeholders. Therefore, during the quarter, we engaged with various duty bearers. These engagements were aimed at creating more awareness of human rights-based approaches as well as the effects of marginalisation on the observance of human rights for marginalised, vulnerable, and most at-risk populations.
POLICE OFFICERS WORKSHOPS
During the quarter, we conducted 8 workshops with police officers on marginalisation and human rights with police officers from the following districts: Buyende, Luuka, Kalangala, Kampala, Kiboga Masindi, and Namutumba. The workshops reached out to a total of 175 police officers.
WORKSHOPS FOR LOCAL COUNCIL LEADERS
Four workshops were conducted with local council leaders (LCs) on human rights and marginalisation. The trainings were conducted as follows; in Mukono on 17th September 2023 reaching out to 20 LCs; in Wakiso on 22nd September 2023 reaching out to 20 LCs, in Kampala on 24th and 28th September 2023 reaching out to 40 LCs.
HEALTH WORKERS WORKSHOPS
HRAPF conducted 4 workshops reaching out to 89 health workers on issues of key populations in Uganda. These were: in Masindi on 18th -20th July reaching out to 30 health workers; in Kalangala on 25th-27th July 2023 reaching out to 30 health workers; and in Mukono on 11th - 13th September 2023 reaching out to 29 health workers.
INSTITUTIONAL SUPPORT TO KEY POPULATION ORGANISATIONS
One organisation was supported to file annual returns, and two were supported to file resolutions.
Two organsations were supported to conduct Annual General Meetings in the quarter. One organisation was supported to conduct a Board of Directors meeting. Three organisations were also supported to conduct financial audits.
In the period, we also conducted one training workshop with organisations led by marginalised persons on compliance, security, and safety from 11th - 13th September 2023.
In the period, we conducted three trainings on the use of tools for crisis response for Key Populations. One training for 19 sex workers was conducted on 7th - 8th September 2023; one training for 16 PWUIDs was conducted from 14th - 15th September 2023; and one more training was conducted for 19 KP groups on 28th - 29th September 2023.
HRAPF SECRETARIAT ACTIVITIES
STAFF BIRTHDAYS AND CELEBRATIONS
During the period, we celebrated birthdays for staff members born in July, August and September 2023. We also had staff recreational activities and our Annual General Meeting.
In this period we also visited and celebrated staff who had new additions to their families.
HRAPF ANNUAL GENERAL MEETING
As is our practice annually, HRAPF conducted its 14th Annual General meeting on 30th September 2023. The meeting was attended by staff, HRAPF members, Trustees and the outgoing Board of Directors who presented to members the Annual report of 2022.
During the AGM, HRAPF elected a new Board of Directors - its 7th Board of Directors to date. The Board of Directors is chaired by Mr. Stuart Kamya, who is deputised by Mrs. Jascent Nalubega Mutimba, Mr. Drake Tamale is the new General Secretary, and Mrs. Rose Kamuli Mwesigwa bounces back as Treasurer. Mr. Adrian Mugenyi Kakooza is a member and Mr. Apako Williams and Ms. Daisy Nakato Namakula are both co-opted members representing the constituencies that we serve. This is the team to drive us forward during this Anti-Homosexuality Act period.
We send our appreciation to members of the outgoing Board of Directors who have retired from the Board in accordance with the HRAPF Memorandum and Articles of Association. These are: Mr. Ivan Ssekatawa (Chairperson), Ms. Tabitha Netuwa (Vice Chairperson), Ms. Christine Nakamatte (General Secretary), and Ms. Kasha Jacqueline Nabagesera, co-opted member representing the communities that we serve. The 6th Board of Directors guided HRAPF during very tumultuous times and oversaw the growth of the organisation.
We thank all our clients, partners and donors for the support during the year 2022