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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

Award-winning architect firm presents the 29th Sophia Gray Memorial Lecture and Exhibition

2017-09-07

At the Sophia Gray Bursary Fund breakfast, were from the left:
Henry Pretorius, head of the UFS Department of Architecture,
AJ Corbett, and Boipelo Morule, third-year student
in Architecture and Prof Francis Petersen, UFS Rector
and Vice-Chancellor, at the UFS
Photo: Stephen Collett

The laureates of this year’s Sophia Gray Memorial Lecture were George Elphick and Nicholas Proome from the award-winning architecture firm, Elphick Proome Architects (EPA). Over the past 28 years this Durban firm has received 26 awards and its work has been published in 26 magazines.

From bedroom to boardroom
EPA is involved in major corporate architecture as well as several residential projects. It believes that good design is produced from careful study and research combined with sound technical knowledge and artistic judgement. At the 29th Sophia Gray lecture, presented by the Department of Architecture at the University of the Free State, EPA addressed the Bloemfontein community, stating that architecture was about people, space and light.

For EPA, architecture is the form of art with the most impact on society. “Ultimately, our architecture needs to be enjoyed and be hard to forget,” it said.

In its three decades of practice, most of EPA’s built work has been executed in South Africa. It has also completed projects beyond South African borders, including Mozambique, Kenya, Ghana, and France.

The lecture was followed by the opening of the 29th Sophia Gray Memorial Exhibition at Oliewenhuis Art Museum.

New PhD in Architecture with Design announced
A highlight at this year’s lecture was the announcement by Henry Pretorius, the head of the department, of a new and innovative doctoral programme, the PhD in Architecture with Design. From 2018, students with a MArch (professional) or MArch can enrol for this postgraduate qualification.

“The programme recognises the intelligence and ingenuity of design. Its primary objective is to harvest and study the implicit orientations, operations, and achievements of design, and to enlist creativity in the formation of new knowledge. The degree facilitates analytical reflection, stimulates creative action, and opens new insights into the unique logic of design,” said Pretorius.

“Although design-based research has gained international momentum in recent years, similar research has not been done in South Africa until now.”

Contribution to the Sophia Gray Bursary Fund
During a breakfast function, the department also announced another initiative, the Sophia Gray Bursary Fund. Prof Francis Petersen, Rector and Vice-Chancellor at the UFS, said that the type of architecture in developing countries was different from places such as New York and other big cities in developed countries. For a transformed profession we need architects from different cultures and demographics in the system. The bursary fund was a fantastic starting point for this to happen.

The Sophia Gray Bursary Fund initiative is part of a greater call to alumni and friends of the department to be actively involved in the department’s continuous development and future endeavours towards imagination, care, and excellence.
AJ Corbett, founder and director of TCN Architects in East London, made the first contribution towards the fund.

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