Ouganda: accusations portées contre trois défenseurs des droits LGBT, Pepe Julian Onziema, Valentine Kalende et Usaam Mukwaaya

Your Excellency,

I am deeply concerned following reports that charges of trespassing have been brought against Pepe Julian Onziema, Valentine Kalende and Usaam Mukwaaya, defenders of lesbian, gay, bisexual and transgender (LGBT) rights in Kampala, Uganda. Pepe Julian Onziema, Valentine Kalende and Usaam Mukwaaya work for Sexual Minorities in Uganda (SMUG), an organisation dedicated to the defence of LGBT rights. The charges were brought against them following their arrests on 4 June 2008 during a peaceful protest at the HIV/AIDS Implementers' Meeting, an annual event described as an opportunity for HIV programme implementers to share lessons learned and best practices in an effort to strengthen the efficacy of HIV/AIDS programmes. The event is co-sponsored by the President's Emergency Plan For AIDS Relief (PEPFAR), UNAIDS, the World Bank, the Global Fund, UNICEF, the World Health Organization (WHO) and the Global Network of People Living with HIV/AIDS (GNP+).

On 4 June 2008, Pepe Julian Onziema, Valentine Kalende and Usaam Mukwaaya were arbitrarily arrested at the 2008 HIV/AIDS Implementers' Meeting in Kampala immediately after distributing leaflets and holding up placards about the issue of HIV in the LGBT community. The human rights defenders were publicising this information in protest against a statement made by Dr Kihumuro Apuuli, Director General of the Uganda AIDS Commission, on 2 June 2008, confirming that programmes would not be directed towards LGBT groups despite them being at high risk of contracting AIDS. They were detained at the Jinja Road Police station and were released on 6 June 2008.

A laptop computer and two mobile telephones were confiscated from Pepe Julian Onziema and Valentine Kalende. This property has since been returned to its owners. Usaam Mukwaaya was re-arrested on 7 June 2008, again at the 2008 HIV/AIDS Implementers' Meeting. He was released after being detained for four and a half hours and told to report to the police station on 10 June 2008, accused of having forged his accreditation card permitting his attendance at the meeting. On 10 June 2008, when he reported to the station, the forgery charges were dropped. However, his accreditation card was retained by the police although it will be needed as evidence for the court hearing of the three human rights defenders on 20 June 2008. Pepe Julian Onziema, Valentine Kalende and Usaam Mukwaaya have been charged under section 305 of the Ugandan Penal Code with trespassing at the meeting and could face up to one year's imprisonment.

Despite the fact that accredited cards for attendance at the meeting were given to all three human rights defenders, the police have not dropped the charges of trespassing. However, UNAIDS has submitted a statement to the Ugandan Police saying that Unaam Mukwaaya's card was not forged and was officially issued by sponsors of the meeting. The sponsors had also given an official letter to the three human rights defenders, as well as three accredited official cards permitting their attendance at the meeting.

I believe that the LGBT human rights defenders have been targeted as a result of their legitimate work in the defence of human rights, in particular their work to promote protection against HIV/AIDS in the LGBT community in Uganda.

I urge the authorities in Uganda to:

1. Immediately drop all charges against Pepe Julian Onziema, Valentine Kalende and Usaam Mukwaaya as it is believed that these measures have been taken against them solely on account of their legitimate and peaceful work in defence of human rights;

2. Guarantee in all circumstances that human rights defenders in Uganda are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters“, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

Yours sincerely,