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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

The TRC legitimised apartheid - Mamdani

2010-07-20

Prof. Mahmood Mamdani

“The Truth and Reconciliation Commission (TRC) accepted as legitimate the rule of law that undergirded apartheid. It defined as crime only those acts that would have been considered criminal under the laws of apartheid.”

This statement was made by the internationally acclaimed scholar, Prof. Mahmood Mamdani, when he delivered the Africa Memorial Lecture at the University of the Free State (UFS) last week on the topic: Lessons of Nuremberg and Codesa: Where do we go from here?

“According to the TRC, though crimes were committed under apartheid, apartheid itself – including the law enforced by the apartheid state – was not a crime,” he said.

He said the social justice challenges that South Africa faced today were as a result of the TRC’s failure to broaden the discussion of justice beyond political to social justice.

He said it had to go beyond “the liberal focus on bodily integrity” and acknowledge the violence that deprived the vast majority of South Africans of their means of livelihood.

“Had the TRC acknowledged pass laws and forced removals as constituting the core social violence of apartheid, as the stuff of extra-economic coercion and primitive accumulation, it would have been in a position to imagine a socio-economic order beyond a liberalised post-apartheid society,” he said.

“It would have been able to highlight the question of justice in its fullness, and not only as criminal and political, but also as social.”

He said the TRC failed to go beyond the political reconciliation achieved at Codesa and laid the foundation for a social reconciliation. “It was unable to think beyond crime and punishment,” he said.

He said it recognised as victims only individuals and not groups, and human rights violations only as violations of “the bodily integrity of an individual”; that is, only torture and murder.

“How could this be when apartheid was brazenly an ideology of group oppression and appropriation? How could the TRC make a clear-cut distinction between violence against persons and that against property when most group violence under apartheid constituted extra-economic coercion, in other words, it was against both person and property?”, he asked.

“The TRC was credible as performance, as theatre, but failed as a social project”.

Prof. Mamdani is the Director of the Institute of Social Research at the Makerere University in Kampala, Uganda; and the Herbert Lehman Professor of Government in the Department of Anthropology at the Columbia University in New York, USA.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za
20 July 2010

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