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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

Community engagement must be a core function of universities

2009-05-21

Members of the NatCEMF Steering Committee are, from the left: Mr Jerome Slamat, Senior Director: Community Interaction, Stellenbosch University, Ms Beatrix Bouwman, Manager: Community Engagement, North-West University, Rev Kiepie Jaftha, Chief Director: Community Service, UFS and chairperson of the committee, Prof. Allan Femi Lana, Director: Institute for Rural Development and Community Engagement, Mangosuthu University of Technology, Prof. Seth Pollack, Fulbright Scholar, University of Western Cape (guest speaker at the meeting), Prof. Denver Hendricks, Director: Community Engagement, University of Pretoria, and Prof. Priscilla Daniels, Chairperson: Human Ecology and Research and CHESP Research Coordinator, University of the Western Cape.
Photo: Lacea Loader

It is important that all tertiary institutions in South Africa should work together and commit themselves to advance the cause of community engagement in the country.

This was one of the main outcomes of the second meeting held by the National Community Engagement Manager’s Forum (NatCEMF) at the South Campus of the University of the Free State (UFS) in Bloemfontein recently. The meeting was attended by 34 representatives of 16 higher education institutions in the country.

“I am astounded at the interest in this matter. The representatives are committed to make community engagement a core function of their institutions and we all agreed that we should get more involved in expanding this across all institutions. A need for a formal structure for us all to work together and have a more collective voice was also identified,” said Rev Kiepie Jaftha, Chief Director: Community Service at the UFS and Chairperson of the NatCEMF Steering Committee.

“There is a growing need to expand and develop our engagement with communities – to share our experiences and best practices and to learn from each other. There are universities that are doing excellent work in this field and, by having a formal structure, we can do a lot more towards advancing community engagement,” said Rev Jaftha.

The meeting identified matters such as the coordination of higher education institutions’ involvement in community engagement, the facilitation of research about community engagement, promoting service learning as transformation, the establishment of a community engagement resource centre and the organisation of a national community engagement conference as some of its aims. A national steering committee was also elected.

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