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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

Situation on the Bloemfontein Campus, and letter to parents
2016-02-28

Letter to parents from Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS 

 

Statement by Prof Jonathan Jansen, Vice-Chancellor and Rector of the University of the Free State (UFS) about the situation on the Bloemfontein Campus


1.    As all of you know, last night we witnessed a really tragic event at Xerox Shimla Park on the Bloemfontein Campus on the occasion of the Varsity Cup rugby match between NMMU (FNB Madibaz) and UFS (FNB Shimlas).
2.    The game started at 18:30 and about 17 minutes into the match, a group of protestors sitting on the north-eastern side of the stadium decided to invade the pitch and disrupt the game in progress.
3.    After a short while, some of the spectators also invaded the field, chasing and brutally beating those protestors whom they caught.
4.    As a university leadership we condemn in the strongest terms possible the vicious attack on the protestors. Nobody, repeat nobody, has the right to take the law into their own hands. While the protests were illegal and disruptive, it did not harm to the physical well-being of the spectators.
5.    The reaction from the group of spectators, however, not only opened old wounds, it trampled, literally and figuratively, on the dignity and humanity of other human beings. This we condemn in no uncertain terms, and no stone will be left unturned to find those who acted so violently on what should have been a beautiful occasion that also brought families and young children together to enjoy an evening of sport.
6.    I cannot over-emphasise our level of disgust and dismay at the behaviour of the spectators. It is NOT what the University of the Free State (UFS) is about and we are working around the clock to gather evidence on the basis of which we will pursue both charges and, in the case of students, also disciplinary action on campus.
7.    At the same time, the invasion of the pitch is also completely unacceptable and we will seek evidence on the basis of which we will act against those who decided to disrupt an official university event.
8.    Clashes between students occurred afterwards on campus and members of the Public Order Policing had to disperse some of them. The situation was stabilised in the early hours of the morning.
9.    Disruption continued this morning (23 February 2016) when students damaged some university buildings, a statue, and broke windows. Additional reinforcements from the South African Police Service were brought in to stabilise the campus. Additional security has also been deployed.


Broader picture
10.    We are very aware of the national crisis on university campuses and the instability currently underway. While the UFS has been largely peaceful, we have not been spared this turmoil, as last night’s events showed.
11.    We are also conscious of the fact that even as we speak, various political formations are vying for position inside the turmoil in this important election year. In fact, part of the difficulty of resolving competing demands is that they come from different political quarters, and change all the time.
12.    We are therefore learning from reliable sources that the Varsity Cup competition is, in fact, a target of national protests in front of a television audience.
13.    And we are aware of the fact that these protests are not only led by students but also by people from outside who have no association with the university. Just as the violent spectators involved on Monday night also included people from outside the university.

The demands

14.    My team has worked around the clock to try to meet the demands of contract workers demanding to be in-sourced. In fact, this weekend past, senior colleagues sat with worker leaders in the township to try to find ways of meeting their demands. We were hoping that such an agreement would be finalised by Monday afternoon (22 February 2016), but on the same Monday morning workers and students were arrested after moving onto Nelson Mandela Avenue, after which the South African Police Service (SAPS) took over as the matter became a public safety concern outside the hands of the university. Since then, it was difficult to return the workers to settle on a possible agreement.
15.    The fact is that the UFS has been in constant negotiation with contract workers to provide our colleagues with a decent wage and certain benefits. In fact, towards the end of last year we raised the minimum wage from R2 500 to R5 000. We were in fact hoping that the continued negotiations would improve that level of compensation even as we looked at a possible plan for insourcing in the future. We made it clear that if we could insource immediately, we would, but that the financial risk to the university was so great that it threatened the jobs of all our staff. Those negotiations were going well, until recently, when without notice the workers broke away and decided to protest on and around campus.
16.    While these negotiations were going on, the Student Representative Council (SRC) on Monday 22 February 2016 also decided to protest. While the vast majority of our 32 000 students were in classes and determined to get an education, a very small group led by the SRC President decided to protest; some invaded the UFS Sasol Library and the computer centre, and with the President eventually made their way to Xerox Shimla Park on which route they confronted the police, interrupted traffic and in fact injured some of our security staff as well as police officials.
17.    The university is definitely proceeding to collect evidence on these illegal and violent acts and will also act firmly against students involved in these protests.

Summary
18.    The events of Monday night represent a major setback for the transformation process at the UFS. While we have made major progress in recent years—from residence integration to a more inclusive language policy to a core curriculum to very successful ‘leadership for change’ interventions for student leaders—we still have a long way to go.
19.    One violent incident on a rugby field and we again see the long road ahead yet to be travelled. As I have often said before, you cannot deeply transform a century-old university and its community overnight. We acknowledge the progress but also the still long and difficult path ahead. We will not give up.
20.    We have 32 000 students on our campuses; the overwhelming majority of them are decent and committed to building bridges over old divides as we have seen over and over again. So many of our students, black and white, have become close and even intimate friends working hard to make this a better campus and ours a better community and country. Like all of us, they are gutted by what they saw on Monday, but the hundreds of messages I received from parents, students, and alumni this past 20 hours or so said one thing—keep on keeping on. And we will.

 

The Big Read: An assault on transformation (Times Live kolom deur Prof Jonathan Jansen: 25 Februarie 2016)

 

 

 


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