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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

Top PhD graduates hailed for excellent research in development and historical studies

2017-07-11

Prof Melanie Walker and Prof Ian Phimister

The Centre for Research on Higher Education and Development and the International Studies Group celebrated its PhD graduates on 26 June 2017. The four graduates were joined by their PhD promoters Prof Ian Phimister and Prof Melanie Walker, the Dean of the Faculty of Economic and Management Sciences, and their families, who came from far and wide, as well as various faculty academics and staff. Their areas of study ranged between Development Studies and Africa Studies, exploring issues that make a significant impact on the Southern African region and the continent as a whole.

In the Faculty of Economic and Management Sciences, specialising in Development Studies, Dr Faith Mkwananzi, promoted by Prof Merridy Wilson-Strydom, explored the lives and educational aspirations of marginalised migrant youth, a case study in Johannesburg. She focused on the complex nature of the daily lives and experiences of marginalised migrant youth and the complexities that influence the formation and achievement of educational aspirations in contexts of vulnerability and disadvantage. The study provides compelling evidence for policy and practice that can make the lives of marginalised young migrants better.

A focus on teaching and learning in Zimbabwean universities with a focus on quality as a human development, was what Dr Patience Mukwambo, put her research efforts into. Her work makes an original contribution to national, continental, and international debates on conceptualising and operationalising the quality of teaching and learning in higher education. She successfully developed a significant alternative approach to understanding what quality in higher education teaching and learning entails, the factors that influence the realisation of quality as she theorises it, and the overall importance for human development and human well-being in universities and society.

Dr Bothwell Manyonga, who also specialised in Development Studies, examined the broader debates on the purposes and practices of teaching and learning in higher education with a case study at two South African universities, with an emphasis on principles of social justice and equity. In the thesis, he developed a model that proposes grounds for (re)thinking sociology teaching and learning to address how the capabilities approach and dominant human capital theory might complement each other in higher education and curriculum development. This takes into account both the instrumental aim of employment, which is of concern to students, as well as the intrinsic goods of critical discourse and personal development.

In the Faculty of the Humanities, with a specialisation in Africa Studies, Dr Abraham Mlombo’s doctoral research explored the relationship between Southern Rhodesia and South Africa 1923-1953, examining the ‘special relationship’ between the two countries from the former’s perspective, highlighting the complexity of the ties between them by examining (high) political relations, economic links and social and cultural ties. “It is through Abraham’s research that for the first time, black experiences of both sides of the colonial border are detailed,” said Prof Phimister.

In congratulating the graduates, Prof Melanie Walker expressed that a lot of hard work was put into training the PhD candidates and they had without a doubt produced work that was of the highest level, at international standards.

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