Fleeing a Well-Founded Fear of Persecution to Be Persecuted Again? The Case of LGBTIQ+ Refugees and Asylum Seekers in Uganda

Abstract

Abstract This work focuses on the legal promotion and protection of the rights of LGBTIQ+ asylum seekers and refugees in Uganda. Uganda’s treatment of LGBTIQ+ communities is one of the harshest in Africa, with the adoption of legal instruments criminalizing LGBTIQ+ people, as well as same-sex relations. These instruments apply to all LGBTIQ+ people present in Uganda, including asylum seekers and refugees. Refugees have never been granted refugee status on the basis of their sexual orientation and/or gender identity. Asylum claims based solely on sexual orientation and/or gender identity are systematically rejected by the Ugandan Commissioner for Refugees. This article shows that, despite efforts by the United Nations High Commissioner for Refugees (UNHCR) and non-governmental organizations, Uganda remains a country hostile to LGBTIQ+ asylum seekers and refugees specifically, and to LGBTIQ+ communities generally. LGBTIQ+ refugees must conduct a discreet life to avoid being penalized because of their sexual orientation and/or gender identity. The ambiguous positions of African institutions, such as the African Union, do not help in securing such people’s rights and protection. Serious changes are needed if Uganda is to adhere to human rights principles that safeguard the rights of LGBTIQ+ communities.