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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 responds to revocation of the accreditation of the SA Doping Control Laboratory by WADA

2017-07-01

The World Anti-Doping Agency (WADA) yesterday informed the South African Doping Control Laboratory (SADoCoL) at the University of the Free State (UFS) that the WADA accreditation status of the laboratory has been revoked.

This revocation does, however, not include the analysis of blood samples for the Athlete Biological Passport for which SADoCoL has been re-accredited in August 2016 and which the laboratory will continue to perform. It also does not impact at all on the testing of urine sport samples by the South African Institute of Drug-free Sport (SAIDS), who will continue to send such samples for testing to other WADA accredited laboratories, while blood samples will be tested at SADoCoL as before.

The revocation follows a year long period of suspension in which the laboratory had to develop its analytical capabilities and instate new systems and methodologies. “In this period the laboratory worked diligently to realize all of these requirements and according to an inspection team from the WADA Laboratory Expert Group who visited the laboratory in February 2017, much has been done and the Laboratory is in a much better state than it was before the suspension in May 2016,” says prof Marthinus van der Merwe, Director of SADoCoL.

“However, there were certain aspects of these requirements that the laboratory could not achieve within the time-frame stipulated by WADA and therefore the organisation is bound by its rules and regulations to now revoke the accreditation status of the laboratory. Since much effort and resources have been invested in the laboratory in the last two years, the management of SADoCoL together with senior leadership of the UFS decided to go ahead and finalise all development in order to re-apply for WADA accreditation,” says prof van der Merwe.

“The UFS fully acknowledges the hard work of SADoCoL during the period of development and is committed to support the laboratory in its endeavors to re-attain its status within the very specialised and highly regulated community of world-wide doping control laboratories. The premium goal of the laboratory is still to fully serve the sporting community of South Africa and Africa according to the WADA guidelines for anti-doping control in Sport and it is confident to attain that with the support of all role players in this field,” says Prof Witthuhn, Vice-Rector: Research at the UFS.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
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