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08 June 2023 | Story Siyanda Magayana | Photo Supplied
Sivuyisiwe Magayana
Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State

 


Opinion article by Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State

 

The anti-homosexuality legislation and what is means

The Ugandan president has enacted a law that makes it even more illegal for lesbian, gay, bisexual, transgender, and intersex (LGBTI+) people to be who they identify as. The Anti-Homosexuality Act, among other things, increases the already-criminalised life sentence for consensual same-sex between consenting adults and adds the death penalty for what is known as “aggravated homosexuality”. Additionally, it criminalises activities that supposedly support homosexuality and homosexuals, and carries a potential 20-year prison term. The act also explicitly states that it aims “to protect the traditional family” in Uganda, a traditional African nation, which criminalises and forbids same-sex couples, parents, and other individuals from starting families and having children. This conveys the notion that African LGBTQ+ persons, specifically in Uganda, have no place in the families, communities, and other parts of society to which they belong. It also merely challenges LGBTQ+ Africans’ African identities as it erases their existence in the country altogether. Therefore, as activists, decision-makers, researchers, and residents of all parts of Africa, we should think about what this means for LGBT people in our communities. We should think about the impact of this law on LGBTQ+ people’s feelings of agency, right to life, right to make their own decisions, and sense of belonging.

The dangers of equating homosexual “acts” to sexual abuse

The anti-homosexuality legislation in Uganda mentions “... protecting children and youth who are made vulnerable to sexual abuse through homosexuality and related acts”. A statement such as this one is factually incorrect and is based on a misconception, implying that homosexuality and/or homosexual people are largely the perpetrators of sexual abuse and violence because of their acts. This viewpoint is flawed and misleading because sexual abuse can occur in any context, regardless of sexual orientation. For instance, some studies have revealed that many sexual offenders in our societies appear to identify as heterosexual.1 One other research study found that no offenders were classified as homosexual and that more than three-quarters (78%) of offenders were solely heterosexual in their relationships.2 Similarly, other studies argue that a child’s risk of being molested by his or her relative’s heterosexual partner is over 100 times greater than by someone who may be identified as gay, lesbian, or bisexual,3 while another recent analysis finds that there is no evidence to suggest that individuals with same-sex attraction are more likely to abuse children than heterosexual persons.4

Therefore, equating and pinning of homosexuality to sexual abuse is a deeply problematic and false narrative that can have severe consequences for LGBTQ+ individuals. It is important to recognise that being homosexual or engaging in same-sex relationships does not in itself make individuals more likely to be perpetrators or victims of sexual abuse. This view perpetuates harmful stereotypes and misconceptions about sexual orientation, which can further fuel discrimination and violence against LGBTQ+ individuals in our communities. It also contributes to the stigmatisation and marginalisation of LGBTQ+ individuals, creating an environment where LGBTQ+ individuals are at higher risk of experiencing violence, discrimination, and social exclusion. By falsely portraying homosexuality as a form of abuse, these narratives further entrench homophobia and reinforce negative attitudes towards the LGBTQ+ community in the African continent.

Anti-homosexuality legislation and similar legislation in other countries often use the language of protecting children and combating sexual abuse to justify their discriminatory policies. By linking homosexuality to sexual abuse, proponents of such legislations aim to demonise and criminalise same-sex relationships, portraying them as inherently harmful or predatory. However, it is important to understand that homosexuality is not synonymous with sexual abuse. Sexual orientation is a natural and fundamental aspect of human diversity, and being gay, lesbian, or bisexual or other does not imply any wrongdoing or harm. Consensual same-sex relationships are no different from consensual opposite-sex relationships in terms of the rights and dignity they deserve.

The impact of this legislation on LGBTQ+ individuals in and beyond Uganda

The impact of this legislation on LGBTQ+ individuals in African communities, not just in Uganda, is significant. The legislation fuels existing prejudices and stigmatisation against LGBTQ+ individuals, leading to increased discrimination, violence, and harassment. For instance, many LGBTQ+ individuals are already faced with heightened risks to their safety and well-being, including corrective rape, physical attacks, social ostracism, and even the threat of mob violence in both our rural and urban areas.

Such law has broader implications that go far beyond the borders and communities of Uganda. This law will set a precedent for other African countries that were already hostile towards LGBTQ+ rights, reinforcing a negative environment for LGBTQ+ individuals across the continent. Anti-LGBTQ+ sentiments and laws are prevalent in various African nations, and therefore, Uganda’s law to criminalise homosexuality contributes to a regional climate of homophobia and discrimination. More than anything, the law further silences and erases the voices and existence of LGBTQ+ bodies in African communities and increases the justification of and vulnerability to corrective rape and killings. Many will be displaced, killed, excluded, and erased from our communities.


 

1 Groth, A. Nicholas and H. Jean Birnbaum. (1978). “Adult sexual orientation and attraction to underage persons.” Archives of Sexual Behavior. 7(3):175-181.

2 Groth, A. Nicholas and H. Jean Birnbaum. (1978). “Adult sexual orientation and attraction to underage persons.” Archives of Sexual Behavior. 7(3):175-181.

3 Carole Jenny, Thomas A. Roesler, and Kimberly L. Poyer. 1994. “Are Children at Risk for Sexual Abuse by Homosexuals?,” Pediatrics 94 (1): 41–44

4 Barth, J., Bermetz, L., Heim. 2013. The current prevalence of child sexual abuse worldwide: a systematic review and meta-analysis. International Journal of Public Health 58, pp. 469–483.

 


 

News Archive

Spring graduation and diploma ceremonies
2010-09-17

The University of the Free State (UFS) has conferred 566 grade, 41 doctoral degrees and 274 diplomas at the spring graduation and diploma ceremonies. 

The two honorary doctoral degrees were conferred on Prof. Kalie Strydom and Dr Monty Jones. The event took place in die Callie Human Centre on the Main Campus. 

The UFS Management and personnel congratulates all our graduates on this achievement!

New UFS Chancellor confers his first degrees

The new Chancellor of the University of the Free State (UFS), Dr Khotso Mokhele, conferred the first degrees since he has taken up the position as Chancellor. The UFS awarded 266 degrees and 20 doctorates to students from the Faculties of the Humanities, Health Sciences, Education, Law and Theology during its Spring graduation ceremony on the Main Campus in Bloemfontein today. Pictured at the ceremony, from the left, are: Dr Mokhele and Prof. Jonathan Jansen (Rector and Vice-Chancellor of the UFS).
Photo: Mangaliso Radebe

 
UFS awards doctoral degree to 93-year-old graduate

This week Dr Anna de Jager received her doctoral degree in Religious Studies: Biblical and Religious Studies, during the Spring graduation ceremony of the University of the Free State (UFS) that took place in the Callie Human Centre on the Main Campus in Bloemfontein. Dr De Jager was the star of the day because she was the oldest person (93) who received her qualification during this graduation ceremony. The theme of her thesis is: Die belewing van geloofsekerheid by die Gereformeerde Afrikaanssprekende adolessente leerder.
Photo: Leonie Bolleurs

 
UFS honours an acclaimed educational researcher

The University of the Free State (UFS) conferred an Honorary Doctorate to Prof. Andries Hermanus (Kalie) Strydom during the Spring graduation ceremony held at the Callie Human Centre on the Main Campus today. Prof. Strydom is an alumnus and former academic of the UFS. His academic career can best be described as a lifetime of dedication to accountable research aimed at the advancement of higher education in South Africa. He is an acclaimed researcher in the field of higher education – nationally and internationally. His work over the last 30 years has not only been about supporting transformation in the education sector and specifically higher education, but also about capacity building of staff and supporting equity expectations without compromising quality.
Photo: Mangaliso Radebe

 
UFS confers another honorary doctorate

The University of the Free State (UFS) conferred another Honorary Doctorate today, this time on Dr Monty Jones (pictured), a Sierra Leonean who spent the last 32 years of his career in Africa working in international agricultural research for development institutions. Dr Jones is the Executive Director of the Forum for Agricultural Research in Africa (FARA) and co-winner of the prestigious 2004 World Food Prize. The UFS also awarded 300 degrees and 21 doctorates to students from the Faculties of Economic and Management Sciences and Natural and Agricultural Sciences; and 274 diplomas were conferred on students from all the faculties during the Spring graduation and diploma ceremonies on the Main Campus.
Photo: Mangaliso Radebe

 
UFS reaches another milestone in Sign Language

The University of the Free State (UFS) has become the first university in South Africa to award a Ph.D. in South African Sign Language. This honour was bestowed upon Dr Philemon Akach (pictured), Head of the Department of South African Sign Language at the UFS, during the Spring graduation and diploma ceremonies on the Main Campus. The UFS is also the first university in the country to have a fully-fledged and dedicated Department of South African Sign Language and it was the first university on the continent to offer Sign Language as an academic course in 1999.
Photo: Mangaliso Radebe

 
Proud day for UFS parent as daughter obtains first degree

On Thursday, 16 September 2010, Ms Rebecca Mohatlane from the University of the Free State (UFS) Student Academic Services had a day every mother dreams about when her daughter obtained her first degree. Puleng Mohatlane obtained a Baccalaureus Administrationis degree from the UFS’s Faculty of Economic and Management Sciences during this year’s September graduation ceremony. Puleng is currently continuing her studies at the UFS, working towards obtaining an honours degree.
Photo: Christiaan van der Merwe

 
Second generation student at Chemistry obtains doctorate degree

The Department of Chemistry at the University of the Free State (UFS) bore witness to a special event on Thursday, 16 September 2010 when another Conradie of the department received her doctoral degree. Marianne Conradie, daughter of Prof. Jeanet Conradie of the department, obtained her doctoral degree during the UFS’s 2010 Spring graduation ceremony. Adding to the already tight family connections, Prof. Conradie also acted as the promoter for Marianne’s thesis titled Rhodium and Iron complexes and transition states: A computational spectroscopic and electrochemical study.
Photo: Susan Conradie

 
Eastern Cape MEC obtains diploma at UFS

A member of the Eastern Cape’s Executive Committee (MEC), Mr Sicelo Gqobana, was one of the 800 graduates obtaining degrees or diplomas during the September 2010 graduation ceremonies at the University of the Free State (UFS). Currently serving as the Eastern Cape MEC for Local Government and Traditional affairs in the province, where he has been involved in politics since the 1990s. Mr Gqobana is also a former Chief Whip in the Provincial Legislature. Mr Gqobana, originally a teacher, obtained a Postgraduate Diploma in Governance and Political Transformation from the UFS on Thursday, 16 September 2010.
Photo: Christiaan van der Merwe.

 

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