Dear Reader,
We are delighted to share with you the tenth issue of the Spotlight Newsletter which provides highlights of HRAPF's interventions during the second quarter of 2023 (April to June 2023). We continue to implement HRAPF's 4th strategic plan for the period 2023-2027 albeit with a moratorium in the area of training workshops for duty bearers on the rights of LGBTI persons, and advocating for bye laws on access to HIV services for all in districts, as a way of avoiding the criminal sanctions imposed by the Anti-Homosexuality Act, 2023 for ‘promotion of homosexuality.’
Under HRAPF's new strategic plan, 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 LGBTIQ persons as we did before, and have increased the number of advocates available to handle cases in light of the reporting obligations that the Anti-Homosexuality Act, 2023 imposes on all other persons. Access to justice is part of the non-derogable right to a fair hearing.
Those with legal challenges can and continue to physically come to our offices or reach out to Rapid Response team us 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, LGBTI persons, survivors of gender based violence (GBV) in refugee settlements, women, girls, and health workers in conflict with abortion laws, elderly and indigent persons with land justice issues, and women and girls living with and/or affected by HIV/AIDS.
Of the 490 cases, 230 cases were handled by community paralegals (140 sex workers, 55 PWUIDs cases and 35 LGBTIQ); 177 cases were handled by the main legal aid clinic (110 LGBTIQ, 42 sex workers, 13 PWUIDs, 11 land and HIV cases, and 1 abortion); 49 cases were handled at the regional centres, 31 from the northern Regional Centre and 18 from the western regional centre (30 LGBTIQ, 13 sex worker cases and 6 PWUIDs); and 34 cases through the specialised legal aid desks (20 at the LBQ desk and 14 at the TGNC desk).
The actions taken in responding to these cases benefited a total of 754 persons, of whom 309 persons benefited from cases involving sex workers; 242 from cases involving LGBT+ persons; 161 persons from PWUID cases; 41 persons from land and HIV cases; and 1 people benefited from cases on access to safe abortion services.
IMPACT OF THE ANTI-HOMOSEXUALITY ACT, 2023 ON THE NUMBER AND NATURE OF CASES INVOLVING LGBTIQ PERSONS
One month after the Anti-Homosexuality Act 2023 was assented to by the President of Uganda, cases of violence and violations continued to increase but arrests reduced. HRAPF released a report on the cases of violence and violations based on real or imputed SOGIE one month since the Anti-Homosexuality Act 2023 came into force. The report shows a spike in human rights violations that have been caused by discussions and the passing of the AHA.
In the period from 30th May 2023 to 30th June, 2023 HRAPF has handled a total of 65 cases across the legal aid network. Of these 65 cases, 46 (70.8%) involved actions that specifically targeted people because of their real or presumed sexual orientation and/or gender identity, and affected a total of 54 individuals. These cases are: 23 cases involving violence or threats of violence affecting 23 individuals; 19 cases of evictions from rented property affecting 20 individuals; and 4 cases of arrests on sexuality-related cases, affecting 7 persons.
The report also makes a comparison with the month following the Bill’s passing by Parliament and a comparison with the period from 30th May 2022 to 30th June 2022. The statistics show a clear connection between the enactment of the AHA and an increase in the cases involving violence and violations against human rights of persons on the basis of sexual orientation and gender identity.
COMMUNITY MONITORING OF HUMAN RIGHTS VIOLATIONS
HRAPF held one meeting to discuss the human rights situation for Key Populations on 28th May 2023 that was attended by 48 participants and support, supervision and monitoring was conducted with 24 monitors to discuss their work and guide them as needed.
5 meetings with community leaders during the period to discuss developments around the Anti Homosexuality Bill and resultant Act.
MOBILE LEGAL AID CAMPS
HRAPF conducted one legal aid camp with sex workers in Jinja on the 26th of May 2023. The camp was attended by 13 participants.
SUPPORT TO COMMUNITY PARALEGALS TO HANDLE CASES
HRAPF conducted quarterly paralegal sharing sessions with paralegals serving the LGBTI, Sex worker and PWUIDs communities. These sharing sessions are safe spaces for paralegals to share their experiences handling cases, lessons learnt and challenges faced serving their communities.
One session was held in the Western region on 13th May, attended by 15 paralegals; In the central region on 15th May, attended by 30 paralegals; In the eastern region on 17th May 2023, attended by 14 paralegals; In the northern region, attended by 19 paralegals.
The session with sex worker paralegals was held on the 24th of May 2023, attended by 25 paralegals.
AWARENESS SESSIONS WITH SEX WORKERS
One awareness session was held with sex workers in Mutukula on 17th May 2023 attended by 28 persons.
CENTER ON LAW AND MARGINALISATION
The Center on Law and Marginalisation 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 Legal strategising meetings in preparation and drafting of the Constitutional petition challenging the Anti-Homosexuality Act, 2023.
In the period, HRAPF together with other persons under the umbrella of the Convening for the Equality filed Constitutional Petition No. 15 of 2023 challenging the Constitutionality of the Anti-Homosexuality Act, 2023 on 30th May 2023.
OFFERING DURABLE SOLUTIONS TO LEGAL AID CLIENTS
During the period, 5 clients whose rights were violated by police officers during their arrest and while in police custody were interviewed, and their cases were followed up at police. For one client who had been evicted from the village, a meeting was held with police officers and local area leaders and the client was allowed back to the village and one legal opinion was drafted.
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
A total of 124 court appearances in 117 different cases were made during the quarter. Out of the 117 cases handled during the quarter, 24 have been closed; 15 cases were dismissed for want of prosecution; 4 cases were concluded through reconciliation; 3 were dismissed at no case to answer; and 2 mediations. A total of 90 cases are still pending.
HRAPF also received 22 new court cases were received of which; 8 were for LGBTI persons; 5 were land cases; 4 were for PWUIDs; 3 were cases involving abortion-related offences; and 3 were cases involving sex workers.
Bail was secured for 13 clients in 9 cases which included 8 PWUIDs; 3 LGBTI clients; 1 land client, and; 1 HIV client.
RESEARCH AND PUBLICATIONS
In the period, HRAPF commissioned the following publications;
- The Community Paralegal Magazine
- An evaluation of the accessibility of quality legal aid aervices for Key Populations in Uganda
- The Human Rights Advocate magazine
- The Assessment of the Impact of Punitive Laws on PWUIDs
HRAPF also produced a legal and human rights analysis of the Anti-Homosexuality Bill 2023, both as tabled and as assented to by the President of Uganda.
HRAPF also published two articles in the newspapers about the impact of the Anti Homosexuality Bill 2023 written by the Executive Director.
ADVOCACY AND INFLUENCING ENGAGEMENTS
ADVOCACY ENGAGEMENTS ON THE ANTI-HOMOSEXUALITY ACT, 2023
HRAPF held a press conference on 30th May 2023 after the petition challenging the Anti-Homosexuality Act was filed. Dr. Adrian Jjuuko addressed the media on the details of the petition and also spoke about the implications of the Anti-Homosexuality Act 2023 on the human rights of LGBTQ+ persons as well as access to HIV prevention and treatment services in Uganda.
KP STEERING COMMITTEE MEETING ORGANISED BY UGANDA AIDS COMMISSION
On 17th April 2023, HRAPF supported the Uganda AIDS Commission to conduct the KP steering committee meeting to review the draft domestication plan and HIV prevention road map. The meeting was attended by 33 stakeholders.
PARTICIPATING AT THE AFRICAN COMMISSION OF HUMAN AND PEOPLE'S RIGHTS IN BANJUL GAMBIA
HRAPF participated in the NGO Forum and the 75th sessions of the African Commission on Human and People’s Rights from 28th April to 5th May 2023 in Banjul Gambia. A statement was read at the session on the issue of human rights violations of Key Populations in Uganda.
ENGAGEMENTS ON THE LEGAL AND POLICY FRAMEWORK ON ABORTION IN UGANDA
In this period, HRAPF held a dialogue with 130 university students from Kabale University on 27th May and one awareness session with 51 adolescent girls and young women in Bududa on general SRHR concepts and the legal and policy framework on abortion in Uganda.
ADVOCACY CAPACITY ENHANCEMENT
In a bid to make them agents of change in their community, HRAPF conducted an advocacy training for sex workers from Mbale District from 15th to 19th May 2023.
In the period, in partnership with the National Coalition for Human Rights Defenders, we conducted a statutory compliance training for CSO leaders from the Western region. The training was conducted on 12th May 2023 reaching out to 20 KP CSO leaders.
MEDIA ENGAGEMENTS
HRAPF participated in 5 radio talk shows and two TV talk shows to discuss barriers to access to health services for Key Populations in Uganda.
COMMUNITY CAPACITY ENHANCEMENT
COMMUNITY PARALEGAL TRAINING PROGRAMME
PARALEGAL TRAININGS
The 2nd module of the Community Paralegal Training was conducted from 22nd to 26th May 2023. A total of 11 new paralegals from the sex worker community were trained.
One refresher training targeting 15 already trained community paralegals on the new laws, policies, guidelines and other procedural issues. The training was conducted from 16th to 19th April 2023.
SUPPORT TO PARALEGALS TO FURTHER THEIR STUDIES
During the period, HRAPF supported two community paralegals to pursue their Diploma in Law at the Law Development Center and Bachelors Degree in Law respectively.
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 TRAINING WORKSHOPS
During the quarter, we conducted 3 training workshops for police officers on the legal and policy framework on abortion in Uganda. A total of 91 police officers were engaged in the trainings. One training conducted in Bududa district on 19th April 2023 reaching out to 30 police officers; In Kitgum district on 17th May 2023 reaching out to 30 police officers; and on 18th May in Kitgum district reaching out to 91 police officers.
HUMAN RIGHTS TRAINING WORKSHOP FOR JOURNALISTS
One training on human rights and employing a human rights-based approach towards journalism and reporting was conducted. The training was conducted with 12 journalists from various media houses on 29th June 2023.
HEALTH WORKERS TRAINING WORKSHOPS
HRAPF conducted 4 training workshops reaching out to 120 health workers on issues of key populations in Uganda. These were, in Bugiri district on 2nd June 2023 reaching out to 30 health workers; in Mbale district on 19th -21st June reached out to 30 health workers; in Iganga 21th-24th June 2023 reached out to 30 health workers; and in Lira on 28th - 30th June reaching out to 30 health workers. The discussions were on access to health services and the SRHR needs of key populations in their respective districts.
In the period, we also conducted two training workshops on 24th March 2023 with 30 health workers from Kitgum district and on 16th June 2023 with 30 health workers from Bududa district on the legal and policy framework on abortion in Uganda.
INSTITUTIONAL SUPPORT TO KEY POPULATION ORGANISATIONS
HRAPF assessed 50 organisations on various compliance issues and also supported one KP-led organisation to register as a Non-Government organisation.
In the quarter, we also continued to assist KP organisations to comply with legal requirements. One organisation was supported to file a resolution and 6 organisations were supported to conduct financial audits.
In the period, we also supported 3 organisations to hold their Annual General Meetings. 4 organisations were also supported to hold their Board of Director's meetings.
3 compliance training workshops for Key Population CSOs were conducted in the period. These trainings were attended by 51 participants who were trained on statutory compliance, NGO regulations, and the process of registration of NGOs in Uganda.
HRAPF SECRETARIAT ACTIVITIES
STAFF BIRTHDAYS AND CELEBRATIONS
During the period, we celebrated birthdays for staff members born in April, May and June 2023. We also had staff recreational activities where we had the mid year staff match and mid year celebration.
In this period we also visited and celebrated staff who had new additions to their families.
STAFF TRAININGS
During the period, HRAPF held two in-house staff trainings on Safety and Digital Security as well as psychosocial training for staff in light of the passing of the Anti Homosexuality Act 2023.
HRAPF MID YEAR STAFF REFLECTION
HRAPF conducted a mid-year review of our 2023 activities. HRAPF staff convened to discuss the achievements of the first half of the year 2023 as well as our progress of the new HRAPF strategic plan. During this meeting, all the various programs made presentations on their interventions and also shared their plans for the next half of the year.
We also had our HRAPF mid-year tournament between Programmes and Administration where the Administration team emerged winners.