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Opinion: Uganda’s anti-homosexual legislation erases and silences LGBTQ+ bodies and voices in African communities

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

Conference: Expanded ARV treatment

2005-03-02

VENUE: University of the Free State, Bloemfontein, South Africa
DATE: 30 March 2005 - 1 April 2005

ARV Programme as on 24Feb Download Word document
Programme Special events Download Word document

Official web site www.fshealth.gov.za/subsites/arvc

Rationale for the Conference
At the time of the planned Conference, much ground would have been covered, both in the Free State and in South Africa, in respect of the expanded public sector ARV treatment programme in respect of research, experiences in practice, training of staff, treatment of patients, lessons learned, successes and failures, etc. The time would then be quite opportune to share these in a systematic manner with other provinces and countries, as well as with the large variety of stakeholders and role players in the ARV and related domains, be they academics and researchers, policy makers and service/facility managers, the variety of caregivers, and the community organisations and affected patients.

The Conference and current research
The proposed Conference is, firstly, directly linked to the current research on the public sector roll-out of ARV treatment in the Free State conducted by several research institutions (e.g. CIET, CHSR&D, UCT Lung Institute). Secondly, the Conference could and would serve as a forum for other research groups in the country and further a field to report and share knowledge and experiences on ARV treatment and related initiatives. Lastly, the Conference will stage a golden opportunity for researchers and scientists, on the one hand, and policy makers, managers, and caregivers (as knowledge users), on the other hand, to engage in cross-disciplinary discourse on this mutual and topical theme.

Theme of Conference
Expanded ARV treatment in the Free State: sharing experiences

Focus
The focus is primarily on public sector ARV treatment in the Free State, but also initiatives/activities/perspectives of relevance to the Free State elsewhere in the country at large and further a field, as well as relevant ARV initiatives in the public, private, NGO and FBO sectors. Bear in mind, however, that ARV treatment is but part of a much more comprehensive approach to HIV and AIDS. The Conference will, therefore, not narrowly focus on the ARV treatment programme only. The broader context, other relevant dimensions, and a comprehensive approach to the challenges of HIV, AIDS and TB are of equal importance.

The purpose of the Conference
Enhance meaningful exchange, mutual understanding and collaboration among researchers, scientists, policy makers, managers and practitioners in the field of ARV treatment and related fields.

Share experiences in the various spheres of ARV treatment and related spheres (policy, management, practice, research, training, public-private-civil society sectors).

Record, reflect and report on the establishment of the ARV treatment programme in the Free State, and in within the context of the comprehensive HIV/AIDS programme.

Disseminate important research results on ARV treatment and related themes to health policy makers, managers, practitioners, communities and to the research community.

Stimulate discourse among various disciplines and various stakeholders/role players involved in ARV treatment and related programmes.

Sensitise and acquaint researchers to the requirements of policy makers, managers and practitioners in respect of ARV treatment and related fields.

Facilitate the implementation of research results in ARV treatment policy, programmes and practice.

Dissemination of Conference-related information
Information generated during the Conference could feed into policy, management and practice of ARV treatment, the training accompanying such programme, and the existing body of knowledge. After the Conference the information will be disseminated via the Internet and by scientific and popular publications.

Date and duration
Set for 30 & 31 March & 1 April 2005; to commence at 09:00 on the first day (30 March) and to end at 16:30 (1 April) the third day.

Format and scope of Conference
Alternating plenary, parallel sessions and debates focused on topical issues and interest groups. The Conference will strive to be maximally interactive and participative.

Themes and topics to cover:

Policy, management and health services/practice (various levels and contexts – clinical treatment, information, IT systems, pharmacy, laboratories, nutrition)
Research covering all relevant disciplines and diverse dimensions of ARV treatment and related themes
Training and evaluation of training
Patients, communities and civil society organisations
Public, private, NGO, FBO initiatives and partnerships

Emphasis will be on the Free State, however, with of significant involvement from other provinces, SADC countries, and countries further a field. The thrust will be to export lessons and experiences from the Free State, but also to import lessons and experiences from other provinces, countries and sectors.

Presenters
Key presenters from the Free State, other provinces, South Africa, from the private, FBO and NGO sectors, and from several other countries

Delegates
About half of the delegates will be Free State stakeholders and role players (all levels and all contexts). The other half will be role players and stakeholders in the ARV and related fields from other provinces, the national level, and other countries, as well as from the private, public and non-governmental sectors.

Focused workshops
Provision will be made for half-a-day or one-day workshop initiatives on the third day (1 April 2005).

Enquiries
For more information please contact:

Prof Dingie van Rensburg
Centre for Health Systems Research & Development
University of the Free State
PO Box 339
Bloenfontein
SOUTH AFRICA
9300

Contact:
Carin van Vuuren
Conference Organiser
Centre for Health Systems Research & Development
University of the Free State
P.O.Box 339
Bloemfontein
South Africa
9300
Tel +27 (0) 51 401 2181
Fax +27 (0) 51 4480370
Cell 0832932890
e-mail: arvconference.hum@mail.uovs.ac.za

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