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AFRICA BY COUNTRY ~ Uganda

 

Historic Ruling Confirms LGBTI Rights as Internationally Recognized

 

August 14, 2013, Springfield, MA – Today, in a first-of-its kind case brought by a Ugandan LGBTI advocacy organization against a prominent U.S. anti-gay extremist, a federal judge ruled that persecution on the basis of sexual orientation and gender identity is a crime against humanity and that the fundamental human rights of LGBTI people are protected under international law. The ruling means that the case brought by the Center for Constitutional Rights (CCR) on behalf of Sexual Minorities of Uganda (SMUG), a Uganda-based coalition of LGBTI rights and advocacy groups, can move forward over defendant Scott Lively’s request to dismiss the lawsuit.

 

“Widespread, systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms,” said Judge Michael Ponsor. “The history and current existence of discrimination against LGBTI people is precisely what qualifies them as a distinct targeted group eligible for protection under international law. The fact that a group continues to be vulnerable to widespread, systematic persecution in some parts of the world simply cannot shield one who commits a crime against humanity from liability.”

The lawsuit alleges that Lively’s actions over the past decade, in collaboration with key Ugandan government officials and religious leaders, are responsible for depriving LGBTI Ugandans of their fundamental human rights based solely on their identity, which is the definition of persecution under international law and is deemed a crime against humanity. This effort bore fruit most notably in the introduction of the notorious Anti-Homosexuality Bill (aka the Kill the Gays bill), which Lively helped engineer.

Lively has also been active in countries like Russia where a new law criminalizing gay rights advocacy was recently passed. In 2007, Lively toured 50 cities in Russia recommending some of the measures that are now law.

“Today’s ruling is a significant victory for human rights everywhere but most especially for LGBTI Ugandans who are seeking accountability from those orchestrating our persecution,” said Frank Mugisha, the director of SMUG.

Said CCR Attorney Pam Spees, “We are gratified that the court recognized the persecution and the gravity of the danger faced by our clients as a result of Scott Lively’s actions. Lively’s single-minded campaign has worked to criminalize their very existence, strip away their fundamental rights and threaten their physical safety.”

U.S. law allows foreign citizens to sue for violations of international law in U.S. federal courts under the Alien Tort Statute (ATS). The case, Sexual Minorities Uganda v. Lively, was originally filed in federal court in Springfield, MA, in March 2012. Today’s ruling is here. For more information, visit CCR’s case page

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.

 

Here is the transcript.

Source: Centre for Constitutional Rights, press@ccrjustice.org

 

 

 

Centre for Constitutional
spacer Rights

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.

Through our human rights work, we will strengthen the international rule of law to promote justice and oppose armed and other forms of aggression.

 

Through our racial justice work, we will strive to complete the unfinished civil rights movement, targeting racial profiling and other modern-day manifestations of racial repression.


TJC march We are dedicated to restoring the fundamental right to habeas corpus and will continue to combat the illegal expansion of executive power and the American torture programs that have undermined fundamental rights in the name of the so-called “war on terror.”

 

History has repeatedly taught us that the hard-won victories of yesterday can never be taken for granted. As society changes, new threats to our rights arise, even as old ones are defeated. CCR will continue defending progressive movements for social change and devising new strategies to ensure that fundamental rights are the rights of the many and not just the few.

Centre for Constitutional Rights

 

 

 

 

 

 

 

 
 
 

 

 
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