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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

Enhancement of social justice focus at research colloquium

2010-10-07

At the third Education for Social Justice Research Colloquium the publication Praxis towards sustainable empowering learning environments in South were handed to Prof. Ezekiel Moraka, Vice-Rector: External Relations at the UFS. At this occasion were, from the left: Prof. Dennis Francis, Dean of the UFS Faculty of Education; Prof. Sechaba Mahlomaholo, Research Professor in the Faculty of Education Sciences at the North-West University; Prof. Moraka; and Dr Milton Nkoane, Senior Lecturer in the UFS Faculty of Education.
Photo: Leonie Bolleurs

This year, the University of the Free State (UFS) was the host for the Research Colloquium: Education for Social Justice for the very first time. It is the third time that this colloquium has been presented.

Prof. Ezekiel Moraka, Vice-Rector: External Relations at the UFS, opened the colloquium, stating that academics, through their research, are ultimately in a good standing to advise government on important issues such as social justice for them to address these issues accordingly.

Prof. Sechaba Mahlomaholo, Research Professor in the Faculty of Education Sciences at the North-West University, delivered the opening address on the theme: Validating community cultural wealth towards sustainable empowering learning environments for social justice. He said that the legacy of our recent past as South Africa still continues to haunt us, especially as exemplified in the dysfunctionalities that are rife in our education.

“With the colloquium we manage to bring together the ideas, thoughts, resources and efforts of educators and/or educationists concerned with the creation of a more equitable, equal, free, hopeful, peaceful and socially just society. Through our teaching, our community engagement and research activities we strive towards a more humane, caring, respecting and respectful South Africa and the world,” he said.

According to Prof. Mahlomaholo, education and its research are some of the most potent mechanisms at the very centre of social transformation. The papers at the colloquium focused on investigating, understanding and responding to issues of amongst others:

The medium of teaching and learning which continues to be a barrier to many learners to perform to the best of their abilities in the majority of the education institutions in South Africa;
Health, sexuality, HIV/Aids, stigmatisation and other deseases plaguing our communities currently;
Self-fulfilling prophecies and stereotypes about some learners not being as intelligent as the rest and this finally being reflected and confirmed in their poor academic achievements;
Differentiated levels of parental involvement in the activities of their children’s learning due to long absences from their families as they have to work in far-off places of employment;

Papers delivered at the colloquium moved beyond merely identifying the problems; they also suggested possible and plausible research-based solutions to these, such as integrating HIV/Aids education in curricula, listening to the aspirations of significant stakeholders such as mothers and parents generally in teaching and facilitating more rigorous community engagement practices.

At the colloquium gala dinner the book Praxis towards sustainable empowering learning environments in South Africa by authors Dr Milton Nkoane, Senior Lecturer in the UFS Faculty of Education, Prof. Mahlomaholo and Prof. Dennis Francis, Dean of the Faculty of Education at the UFS, was launched. The publication consists of a collection of the best peer-reviewed papers from a conference with the theme Creating sustainable empowering learning environments through scholarship of engagement. The main criterion for inclusion was that the paper should contribute to the theme by means of an original, tight, theoretical and empirical study conducted with the aim of informing the practice of creating sustainable empowering learning environments. The concrete cases examined in many of the chapters are very useful to helping readers understand the specific, on-the-ground concerns related to higher education and schools.

Media Release
Issued by: Leonie Bolleurs
Strategic Communication
Tel: 051 401 2707
Sel: 0836455853
Email: bolleursl@ufs.ac.za
30 September 2010

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