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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

Academics should strive to work with students towards publishing, says NRF-rated researcher

2017-07-17

Dr Rodwell Makombe, Y-gegradeerde navorser.
Foto: Thabo Kessah

“The National Research Foundation (NRF) is a prestigious research institution and to be recognised by such an institution means that my work is worthwhile. This alone motivates me to do more research.” This is how Dr Rodwell Makombe reflected on his recent recognition as an NRF-rated researcher – one of the few on the Qwaqwa Campus. He is a Senior Lecturer in the Department of English at the University of the Free State’s Qwaqwa Campus.

“This recognition is indeed an important milestone in my research career. It means that my efforts as a researcher are recognised and appreciated. The financial research incentive will enable me to engage in more research, attend conferences, and so forth,” he said.

Comparing research in the Humanities and Sciences
Dr Makombe’s research area is broadly postcolonial African literature, but he is particularly interested in postcolonial literatures and resistance cultures. He is currently working on a book project entitled Visual Cultures of the Afromontane.

When asked what he thought about Natural Sciences being in the lead as far as research is concerned, he said that this is mainly caused by funding opportunities.

“It means that my efforts as a
researcher are recognised and
appreciated.”

“It is easier to access funding for research in the Natural Sciences than for the Humanities. Researchers in the Humanities usually do research without any form of funding. However, there are also differences in the way research is done in the Sciences than in the Humanities. Science researchers tend to work together on different projects, which make it easier for them to have their names on publications, no matter how small their contribution. This is also connected to the issue of funding,” he added.

He continued: “Since research in the Humanities is largely unfunded, it is difficult for researchers to establish research groups. Another issue is that most academics in the Humanities do not necessarily teach modules within their research interests. Therefore, they tend to be overloaded with work as they have to do research in one area and teach in another area.”

NRF-rating and funding
For Dr Makombe, the solution to this challenge lies in academics in the Humanities working towards publishing with their students. “This way,” he said, “both the students and the academics will get publications that will help them to get NRF-rating and other forms of research funding. Modules in the Humanities need to be aligned to academics’ research interests to avoid mismatches between teaching and research.”

He previously worked at the University of Fort Hare and the Durban University of Technology and has published several articles in both local and international journals.

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