On the day the law was enacted, Joseph Borrell, the EU High Representative on Foreign Affairs, issued a stern warning to the Ugandan government.
He emphasized the necessity for Uganda to protect all its citizens and uphold their basic rights, stating that failure to do so would “undermine relationships with international partners.” Despite these strong words, recent developments indicate a shift in the EU’s enforcement actions against Uganda.
The EU has a mechanism known as the Global Human Rights Sanctions Regime (GHRSR), adopted in December 2020, which allows the bloc to impose travel bans, freeze bank accounts, and restrict EU businesses and governments from providing funds to sanctioned individuals or entities involved in serious human rights abuses.
While this mechanism has been applied to individuals in various countries, including Russia, China, and South Sudan, for a range of human rights violations, it has not been employed against individuals related to LGBTIQ rights abuses.
Uganda’s situation does not warrant sanctions
According to Guilliame Chartrain, the deputy ambassador of the EU delegation to Uganda, the situation in Uganda does not currently meet the criteria for such sanctions under the GHRSR.
In an interview, Chartrain explained that the mere adoption of a law by a parliament, such as Uganda’s Anti-Homosexuality Act (AHA), does not suffice as a legal basis for implementing sanctions.
He noted, “At least if we refer to the AHA, the adoption by a Parliament of a law is not in itself enough as a legal basis [for implementing the GHRSR], it has to produce systematic and widespread effects. The assessment is that Uganda is not in this situation today.”
This stance indicates a significant recalibration of the EU’s approach towards Uganda, suggesting that while the EU continues to monitor human rights practices, it currently views the violations against Uganda’s queer community under the new law as not severe enough to warrant the application of the GHRSR. This perspective might stem from a lack of evidence of systematic and widespread enforcement of the law that would typically trigger the sanctions mechanism.
President Yoweri Museveni of Uganda has maintained a firm stance in response to global threats of sanctions following the enactment of the law.
Despite international backlash and warnings of potential sanctions, Museveni remained resolute.
In statements, he emphasized that the legislation was necessary to prevent what he described as the recruitment of others into homosexuality, which he considers a “psychological disorientation.”
Museveni’s defiant posture is summed up in his assertion that “nobody will make us move,” signaling a strong commitment to uphold the law despite the possible consequences, including financial repercussions from international donor.
