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Geneva/London, 15 March 2024 - The Ugandan Court of Appeal’s decision to deny Sexual Minorities Uganda (SMUG) legal registration fails the democratic principles enshrined in the country’s Constitution and should be reversed, ILGA World and The International Planned Parenthood Federation (IPPF) said today.  Despite having worked to protect the human rights of people of diverse sexual orientations, gender identities and expressions for more than twenty years, Sexual Minorities Uganda has repeatedly been denied legal recognition: first in 2012 and then in 2018, when the High Court upheld the initial decision by the Uganda Registration Services Bureau. Six years later, in March 2024, the Court of Appeal shut down SMUG’s hope to register and be recognised as an independent legal entity under the law. “For civil society organisations working on sexual, gender and bodily diversity issues, registration allows them to serve more effectively those parts of societies that States fail to protect,” said ILGA World and IPPF. “Without this opportunity, they cannot conduct their activities formally or receive funding for their work. Ultimately, this decision restricts freedom of association and further pushes those who are already targeted by discriminatory laws to the margins of society.” “The Constitution of Uganda,” continue ILGA World and IPPF, “claims that ‘The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.’ Ultimately, the extremely disappointing decision to reject SMUG’s registration goes in the entirely opposite direction. We are in solidarity with the organisation and join them in calling out this missed opportunity to protect better the rights of some of the most vulnerable populations in Ugandan society.” In Uganda, registration is banned for those organisations with goals that allegedly are “in contravention of the laws”. In January 2023, a report by the NGO Bureau detailed how the agency investigated and acted upon several organisations for promoting the rights of LGBTI people and recommended authorities take stricter measures against NGOs that "promote LGBTIQ activities" — including stepping up the criminalisation of activism. A few months later, the Anti-Homosexuality Act was signed into law, further cracking down also on organisations found guilty of “promoting homosexuality”. These actions against LGBTI human rights NGOs are part of a larger crackdown on Ugandan civil society. In November 2019, the Ugandan government shut down more than 12,000 organisations. Such actions have since continued, with as many as 54 organisations suspended in a single day in August 2021. “Across the world, State and non-state actors are mobilising voter bases by attacking our identities and freedoms: we see the same tactics at play here, too,” ILGA World and IPPF conclude. “At this critical time, politicians need to focus on the things that matter – a stable economy and vibrant communities — rather than attacking those who work to support vulnerable parts of societies. LGBTI people and cisgender heterosexual women and girls are marginalised and excluded by policies, legislation and narratives that strip away reproductive rights and criminalise sexuality and gender. But our communities stand united to defend and secure democratic and economic rights for all.”   Notes to editors: ILGA World is a global federation of more than 2,000 organisations from 170 countries and territories, advocating for the human rights of people of diverse sexual orientations, gender identities and expressions, and sex characteristics worldwide. https://ilga.org  The International Planned Parenthood Federation (IPPF) is a global healthcare provider and a leading advocate of sexual and reproductive health and rights for all. Led by a courageous and determined group of women, IPPF was founded in 1952, and today, it is a movement of 150 member associations and collaborative partners with a presence in over 146 countries. https://www.ippf.org/    Contacts for media enquiries: ILGA World: Daniele Paletta, communications manager, media@ilga.org IPPF: Alice Ackermann, communications adviser, media@ippf.org     

Nairobi, Kenya: On 21st March 2023 the Ugandan parliament approved a law which, if enacted, would criminalise people for identifying as a member of the LGBTIQ+ community. The proposed law has been through two readings in parliament and is awaiting a third before it is put forward to the President for Assent. If passed, it will be a gross violation of and undermine the human rights and safety of people identifying as LGBTIQ+ in Uganda. IPPF Africa Region is strongly concerned about the numerous ways in which the passing of this law will violate international human rights including the right to life and dignity, freedom of expression and association, protection from discrimination, and will compromise the full and complete attainment of sexual and reproductive health and rights. Additionally, IPPF is extremely concerned about the dangerous message the law sends. In addition to criminalising consent, it encourages hatred, may escalate violence and gender-based violence targeting persons from LGBTIQ+ communities, popular justice, hinders the right to a fair trial, makes it easier to target minority groups, and harder for them to access justice and redress for hate crimes. At a time when countries around the world and in Africa are decriminalising same sex relationships, this law, if passed, will be a serious step backwards for Uganda. Marie-Evelyne Petrus-Barry, IPPF’s Africa Regional Director, said: "IPPF works to ensure the sexual and reproductive health and rights of all people regardless of their sexual orientation, gender identity and/or expression, and sex characteristics (SOGIESC) – including lesbian, gay, bisexual, trans, and intersex people – and ensure they have access to the full set of human rights enshrined in international human rights laws”  “IPPF is willing to work with the Ugandan Government and other stakeholders to ensure that all Ugandan people can access their sexual and reproductive rights without fear, discrimination, or restraint", added Petrus-Barry. IPPF strongly urges the President of Uganda to not sign off on this discriminatory law, uphold and safeguard the Universal Declaration and African Charter on Human Rights, and treat all Ugandans equally. IPPF stands with the LGBTIQ+ community in Uganda and globally at this difficult time. For further information or to request an interview, please contact: Mahmoud Garga, Lead Specialist - Strategic Communication, Media Relations and Digital Campaigning, IPPF Africa Regional Office (IPPFARO) – email: mgarga@ippf.org / Tel: +254 704 626 920 ABOUT IPPF AFRICA REGION (IPPFAR) The International Planned Parenthood Federation Africa Region (IPPFAR) is one of the leading sexual and reproductive health (SRH) service delivery organization in Africa, and a leading sexual and reproductive health and rights (SRHR) advocacy voice in the region. Headquartered in Nairobi, Kenya, the overarching goal of IPPFAR is to increase access to SRHR services to the most vulnerable youth, men and women in sub-Saharan Africa. Supported by thousands of volunteers, IPPFAR tackles the continent’s growing SRHR challenges through a network of Member Associations (MAs) in 40 countries. We do this by developing our MAs into efficient entities with the capacity to deliver and sustain high quality, youth focused and gender sensitive services. We work with Governments, the African Union, Regional Economic Commissions, the Pan-African Parliament, United Nations bodies among others to expand political and financial commitments to sexual and reproductive health and rights in Africa. Learn more about us on our website. Follow us on Facebook, Twitter, Instagram and You Tube.  

In a landmark verdict today, the High Court of Malindi has ruled that safe abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers, for seeking or offering such services, is completely illegal. Specifically, the Court ruled that: Abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers seeking or offering such services is illegal. Protecting access to abortion impacts vital Constitutional values, including dignity, autonomy, equality, and bodily integrity. Criminalizing abortion under Penal Code without Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive right. For years, women and girls in Kenya have faced sustained and pervasive discrimination hampering their access to seeking reproductive healthcare services; the 1963 Penal Code criminalizes all abortion care, including those allowed under the Constitution 2010, which guarantees the right to healthcare, including access to reproductive health services. The Constitution only permits safe abortion if in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is at risk/in danger. The court case in question, filed in November 2020, involved PAK, a minor 16 years of age from Kilifi County. PAK experienced complications during pregnancy and immediately sought medical care at a nearby clinic where a trained clinical officer attended to her. Upon examining her, the clinical officer determined that she had lost the pregnancy and proceeded to provide her with essential and life-saving post-abortion care. Policy officers stormed the clinic, in the midst of the treatment, stopping the medical procedure and confiscating PAK’s treatment records. They then proceeded to illegally arrest both PAK and the clinical officer. Both were taken to Ganze Police Patrol Base where PAK was not allowed to access further medical care for the next two days and was forced to sign a statement which was contrary to PAK’s description of the events. The police also forced PAK to undergo another detailed medical examination at Kilifi County Hospital to obtain evidence to prove the alleged offence of abortion. The clinical officer was detained for one week while PAK was remanded to a juvenile remand for more than a month, whilst she and her family sought to secure the cash bail for her release. The Malindi High Court has further directed the Parliament to enact an abortion law and public policy framework that aligns with the Kenyan Constitution. Additionally, the Court has confirmed that communication between a patient and the healthcare provider is confidential, which is guaranteed and protected under the Constitution and other enabling laws, save for where the disclosure is consented to by the patient or is in the public interest in line with the limitations as provided for in the Constitution. In its decision, the Court also ruled that PAK was recovering from medical procedure and police did not have the medical qualifications to determine and confirm that she was medically-fit to leave the clinic, regardless of her admission status at the clinic. Additionally, the Court found that PAK’s arrest was inhuman and degrading, and being a minor, she ought not to have been interrogated without legal representation. Marie-Evelyne Petrus-Barry, Africa Regional Director from the International Planned Parenthood Federation, said: “We are absolutely delighted to hear this news and applaud the High Court of Malindi's ruling confirming that abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services is illegal. We are also very pleased to hear that the Court has directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution. This is a victory for women and girls not only in Kenya, but across Africa! Access to quality abortion is essential to guarantee the health and reproductive rights of women and girls everywhere. At IPPF, we are committed to reducing the number of deaths of women and girls who are forced to turn to unsafe abortion methods for fear of arrests and harassment. We will continue to supply and support safe and legal abortion services and care for women and girls everywhere.” The petitioners were represented by the Center for Reproductive Rights a network of reproductive health providers whose member was the second petitioner in this case and a collaborative partner of IPPF. The advocates were Martin Onyango, Head of Legal Strategies for Africa, and Prudence Mutiso, Legal Advisor for Africa. Nelly Munyasia, Executive Director of Reproductive Health Network Kenya (RHNK), , welcomed the court’s decision: “Many qualified reproductive healthcare practitioners continue to be arrested, detained, and prosecuted for providing legal medical care. The court’s decision confirms that prosecution against health providers cannot hold where the prosecution has not established that; the health professional in question was unqualified to conduct the procedure; the life or health of the woman was not in danger or the woman was not in need of emergency treatment,” Ms. Munyasia said. Evelyne Opondo, Senior Regional Director for Africa at Center for Reproductive Rights said: “Today’s victory is for all women, girls, and healthcare providers who have been treated as criminals for seeking and providing abortion care. The court has vindicated our position by affirming that forcing a woman to carry an unwanted pregnancy to term or to seek out an unsafe abortion is a gross violation of her rights to privacy and bodily autonomy. Further, the continued restrictive abortion laws inhibit quality improvement possible to protect women with unintended pregnancies.” Center fact sheet: “The Impact of the Misalignment Between Kenya’s Constitution and the Penal Code on Access to Reproductive Health Care”