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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

Game farming a lens to analyse challenges facing democratic SA – Dr Kamuti

2017-05-30

Dr Tariro Kamuti, Postdoctoral Fellow at the Centre
for Africa Studies at the University of the Free State.
Photo: Rulanzen Martin

One of the challenges facing South Africa’s developing game farming policy is the fractured state in the governance of the private game farming sector, says Dr Tariro Kamuti.

Dr Kamuti, a Postdoctoral Research Fellow at the Centre for Africa Studies (CAS) at the University of the Free State (UFS), was presenting a seminar on Wednesday 17 May 2017 under the topic, Private Wildlife Governance in a Context of Radical Uncertainty: Challenges of South Africa’s Developing Game Farming Policy, which takes material from his PhD. He received his PhD from both the Vrije University in Amsterdam and the UFS in 2016.

His presentation explored how the private game industry positions itself in accordance with existing agricultural and environmental regulations. It also investigated the state’s response to the challenge of competing needs over land and wildlife resources which is posed by the gaming sector. “The transformation of the institutional processes mediating governance of the private game farming sector has been a long and enduring arrangement emerging organically over time,” Dr Kamuti said.

Game farming links wildlife and agricultural sectors
“I decided on this topic to highlight that game farming links the wildlife sector (associated with conservation and tourism) and the agricultural sector. Both make use of land whose resources need to be sustainably utilised to meet a broad spectrum of needs for the diverse South African population.

“The continuous skewed ownership of land post-1994 justifies questioning of the role of the state in confronting challenges of social justice and transformation within the economy.”

“Game farming can thus be viewed as a lens through which to study the broad challenges facing a democratic South Africa, and to interrogate the regulatory and policy framework in the agricultural and wildlife sectors at their interface,” Dr Kamuti said.

Challenges facing game farming policies
The state alone does not apply itself to the regulation of private gaming as a sector. “There is no clear direction on the position of private game farming at the interface of environmental and agricultural regulations, hence game farmers take advantage of loopholes in these institutional arrangements to forge ahead,” Dr Kamuti said.

He further went on to say that the state lacked a coherent plan for the South African countryside, “as shown by the outstanding land restitution and labour tenant claims on privately owned land earmarked for wildlife production”.

The South African government was confronted with a context in which the status quo of the prosperity of the middle classes under neoliberal policies was pitted against the urgent need to improve the material well-being of the majority poor. Unless such issues were addressed, this necessarily undermined democracy as a participatory social force, Dr Kamuti said.

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