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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

School of Medicine not closing

2009-10-22

There is no immediate threat that the University of the Free State’s (UFS) School of Medicine will be closing.

This was confirmed by Prof. Gert van Zyl, Head of the UFS’s School of Medicine and acting Dean of the Faculty of Health Science, following media reports that Prof. Andries Stulting has indicated in a meeting with other medical schools and parliamentary standing committee members that the School will have to close due to the serious problems in the health sector.

“This discussion should be seen in context. Prof. Stulting, in his capacity as acting Head of the School of Medicine, and on behalf of the School and the Faculty, sent a proactive warning to the Free State Health Department, the Member of the Executive Committee and the Premier of the Free State regarding the long-term consequences of the health crisis. This statement was not interpreted correctly. Everything that Prof. Stulting said has already been included in the position statement that the School released in May 2009. What is urgent, though, is that the problems that were identified at especially Pelonomi Hospital in May this year were still not addressed,” said Prof. Van Zyl.

According to Prof. Van Zyl, problems at Pelonomi Hospital include not enough beds, lack of funding for the health sector in the Free State and in some instances problems with filling vacant positions.

“Some of these problems have already been addressed by the Free State Department of Health. Our training platform includes not only Pelonomi Hospital, but also Universitas Hospital, National Hospital, the Free State Psychiatric Complex and several clinics in the Bloemfontein area. This means that there are other facilities available that function in order to provide appropriate training to undergraduate students. Therefore, training is not in immediate danger and the School will definitely not be closing,” he said.

“New first-year students will start their studies in 2010 and I can assure you that there will be adequate training opportunities to take in and train students. However, we do struggle with a bigger intake as requested by Government. I want to put Prof. Stulting’s remark in context: He referred to postgraduate students and therefore the specialists who are in training,” said Prof. Van Zyl.

According to Prof. Van Zyl the specialists in training is a problem that was discussed with the Free State Health Department – with specific reference to less time in operating theatres and the number of beds at Pelonomi Hospital. “We are of the opinion that, should the Department address this problem as a matter of urgency, there will be no long-term damage to the training of these specialists in training. These are the students that Prof. Stulting was referring to,” he said.

The School received more than 1 500 applications for undergraduate studies in 2010 – all of these applications met the minimum selection requirements for the 140 available places. “Our current undergraduate students are therefore not influenced and they will continue to receive the quality training for which the School is renowned,” he said.

Prof. Jonathan Jansen, Rector and Vice-chancellor of the UFS, is aware of this and he satisfied himself as to the situation when he visited the hospitals in Bloemfontein on Friday, 9 October 2009. The national Minister of Higher Education and Training, Dr Blade Nzimande, was also informed of the School’s concerns when he visited the UFS in September 2009.

Media Release
Issued by: Lacea Loader
Deputy Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za

22 October 2009

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