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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

UFS is the most integrated campus in the country

2010-01-29

Judge Ian van der Merwe, Chairperson of the University of the Free State's (UFS) Council and Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS at the official opening ceremony.
Photo: Hannes Pieterse

“The University of the Free State’s (UFS) Main Campus is the most integrated campus in the country.”

This was said by Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS during the university’s official opening on its Main Campus in Bloemfontein today.

Addressing staff and students, Prof. Jansen said that the first-year students in the majority of the residences are now fully integrated on a 50/50 basis. “The majority of our house committees are now also integrated,” he said.

He used the ladies residence Welwitschia as an example. “When I walked into to this residence last year it consisted only of black female students. When I visited them again this year I could not believe what I saw: the residence is fully integrated and there are white and black students living together. This is an example of our young people’s willingness to live together and we must believe in their potential,” he said.

Prof. Jansen said that the UFS does not want to be good because “good is the enemy of great” (from Jim Collins in his book Good to Great). “We want to be great. This is the year in which our staff and students’ lives will change and this university will change as we take the first steps in making the leap from good to great,” he said.

Prof. Jansen said that there have been many developments at the UFS so far this year. “We have attracted some of the best scholars in the country and other parts of the world to this university, and we will be selecting from among them in the next two weeks. We have also attracted some of the best athletes in the country in our first-year class, including some of the best hockey players,” he said.

Prof. Jansen outlined the following as his priorities for 2010:

The phasing in of compulsory class attendance as a way to drastically improve the quality of teaching at the UFS. “This will also enhance our throughput. However, before we can to this, we are going to accelerate the building of larger classrooms to accommodate all our students,” he said.
The appointment of a senior vice-rector in the near future, who will manage the day to day operations of the UFS;
To market the UFS to the best and most promising schools in South Africa. “This will start next week when I will be visiting schools in the Eastern Cape.”
To raise R100 million to enable more students with talent to study at the UFS, and to build an endowment to be proud of for the future of the university;
To upgrade the infrastructure in the residences;
To require every member of the university’s academic staff to publish every year;
To train administrative and support staff so that a world-class service culture can be created which takes every student, every parent and every staff member seriously; and
To insist that the conditions of service of staff working for agencies outside the UFS be improved by increasing the minimum remuneration dramatically and by making study benefits available to them as well. “We will not renew our tenders with outside agencies unless they raise the minimum wage of their staff,” he said.

Prof. Jansen said that he was extremely proud of the Student Representative Council’s (SRC) leadership and what they have achieved so far during their term. He also thanked the staff for their hard work and the excellence they bring to the UFS.

Media release
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za
29 January 2010

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