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Africa Month: Uganda anti-gay law contradicts African Union goals

31 May 2023 | Story Valentino Ndaba | Photo Charl Devenish

UFS Federation of African Law Students Panel Discussion — The passing of the Anti-Homosexuality Bill in Uganda has raised concerns about human rights violations.

Uganda recently passed its Anti-Homosexuality Bill into law, sparking condemnation from the international community. This development coincides with the continent commemorating Africa Month as is customary in May.

The timing of Uganda’s signing of the anti-gay bill into law on the 60th anniversary of the African Union (AU) raises concerns about the contradiction between the AU's objective of promoting unity, nation-building, and freedom from discrimination and the enactment of legislation that violates these principles. It highlights the ongoing struggle to achieve equality and respect for the rights of all individuals, including those in the LGBTQ+ community, across the African continent.

Contravening intercontinental conventions

As a member of the AU, various international human rights treaties and instruments have been signed and approved by Uganda, including the Universal Declaration of Human Rights and the African Charter on Human and People's Rights. These instruments promote equality, non-discrimination, and the protection of human rights for all individuals. The passing of such legislation contradicts the country's commitments to these international agreements.

LGBTQ+ intolerance is widespread in several other African nations. For instance, 32 of the 54 African nations forbid same-sex relationships. In fact, the death sentence is still applied to homosexuality in some nations. This includes Mauritania, Somalia, and a few Nigerian states that adhere to Sharia law. Homosexuality is a crime in Kenya, where the maximum sentence for incarceration is 14 years. It carries a minimum sentence of 13 years and a maximum of life imprisonment in Tanzania as well. Although there are anti-gay attitudes in many African nations, Uganda has gone too far by drafting legislation that is so reprehensible that it grossly violates human rights.

Providing an academic magnifying glass

On 24 May 2023, the University of the Free State (UFS) chapter of the Federation of African Law Students (FALAS), in collaboration with the Gender Equality and Anti-Discrimination Office, hosted a panel discussion on the Bloemfontein Campus, based on the Uganda Anti-Homosexuality Bill.

Leading the panel discussion were UFS experts such as Prof John Mubangizi, who is the former Dean of the Faculty of Law and current Research Professor in the Free State Centre for Human Rights; Prof Mikateko Mathebula, Associate Professor in the Centre for Development Support; Khanya Motshabi, Senior Lecturer in Advanced Human Rights; as well as Akhona Komeni, Peer Mentor Supervisor at Free State Rainbow Seeds.

Factors contributing to anti-gay sentiments

Prof Mubangizi presented a summary of an article he recently submitted for publication in a scientific journal, titled: Uganda’s unrelenting opprobrious legislative efforts to criminalise same-sex relations: implications on human rights.

By way of introduction, Prof Mubangizi highlighted a few possible reasons for anti-gay sentiments in Uganda. “Firstly, many Ugandans are deeply religious and hold traditional beliefs that view homosexuality as immoral, unnatural, and contrary to the will of God – these beliefs are enforced by conservative interpretations of religious texts that condemn homosexuality. The second reason is political opportunism – some politicians in Uganda are using anti-gay sentiments to rally support and divert attention from other issues. Thirdly, there is a general lack of information about what homosexuality is.”

Human rights implications

FALAS Chairperson, Ntsako Khoza, said the organisation believes that the bill is a gross violation of human rights. “The student group opposes this legislation and is adamant that it unfairly discriminates against the LGBTQ+ population and is therefore backwards for society. Promoting good governance, respect for human rights, peace, and justice in Africa is the objective of our organisation,” he said.

It is important to note that the condemnation expressed by FALAS and the international community at large is based on the recognition that laws criminalising same-sex relationships are a violation of human rights and contribute to discrimination and persecution. Upholding human rights, promoting good governance, and fostering respect for all individuals, regardless of sexual orientation, is crucial for building inclusive and just societies.

News Archive

UFS celebrates Africa Month

2017-05-24

Most of the international students at the UFS come from
the Southern African Development Community (SADC)
and other countries in Africa.
Photo: iStock

“Africa Month provides an opportunity
to every student and staff member to
commemorate African unity and celebrate
our rich cultural heritage, diversity,
energy and social dynamism.”

The University of the Free State (UFS) celebrates Africa Month to commemorate African unity and praise cultural heritage, as well as to take ownership of the future of the continent. According to Prof Heidi Hudson, Director of the Centre for Africa Studies, these are reasons to take part in the festivities.

Formation of Organisation of African Unity

Africa Day is the day on which Africa observes the creation of the Organisation of African Unity (OAU) on 25 May 1963. A total of 32 independent African states attended the formation.

The OAU’s aims were to promote unity and solidarity of the African states and act as a collective voice for the continent, in order to secure Africa’s long-term economic and political future and to rid it of remaining forms of colonialism. The OAU later gave birth to the African Union, which formally replaced the OAU in July 2002.

Prof Hudson says celebrating Africa Month forms part of her centre’s institutional mandate to promote an African focus in research, teaching, as well as public debate.

“Africa Month provides an opportunity to every student and staff member to commemorate African unity and celebrate our rich cultural heritage, diversity, energy and social dynamism. Secondly, by participating we all begin to take ownership of our future on this continent.”

She adds that Africa month provides a platform for reflecting on past experiences and achievements, as well as to critically assess the failures, challenges and the lessons learnt for the sake of a better future for the continent’s people.

Working relations across the continent

The UFS has working relations with universities, embassies and consulates in African countries such as Zimbabwe, Mozambique, Botswana, Zambia, Kenya, Namibia, Nigeria, Ghana, Uganda, and Tunisia.

Five cooperation agreements exist – they are with the Botho University (Botswana), Greater Zimbabwe University, Universidad Eduardo Mondlane (Mozambique), Trinity Theological Seminary Ghana, and Namibia Evangelical Theological Seminary.

According to Kanego Mokgosi, Senior Officer at Internationalisation, there are also working relations between the university and The Council for the Development of Social Science Research in Africa, Swedish International Development Agency and The United Nations Educational, Scientific and Cultural Organization. All of these focus on research development in Africa.

Most of the international students at the UFS come from the Southern African Development Community (SADC) and the continent. It hosts 1393 students from SADC countries.

“The UFS employs SADC protocol guidelines which, among others, enjoin SADC universities to admit at least 5% of their student population from the SADC region,” says Mokgosi.

Memorial Lecture by Dr Zeleza

On 24 May 2017 the Centre for Africa Studies hosted an Africa Day Memorial Lecture by Dr Paul Tiyambe Zeleza, the Vice Chancellor (President) of the United States International University Africa, Nairobi, Kenya.

The UFS library, in collaboration with the Department of English and the Office of International Affairs, also celebrated Africa Day on 25 May 2017. They hosted a conversation on the Land Debate in South Africa, together with the launch of a book titled White Narratives: The depiction of Post-2000 Land Invasions in Zimbabwe by Prof Irikidzayi Manase. He is an Associate Professor in the Department of English.

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