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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

Prestigious Helgaard Steyn Prize to be awarded to UFS composer

2010-11-08

Hans Huyssen.

The composer Hans Huyssen, affiliated with the Department of Music at the University of the Free State (UFS), is to be the current recipient of the prestigious 2010 Helgaard Steyn Prize, the prize-winning work being Huyssen’s Proteus Variations (2006).Annually this award is administered and presented to a selected composer, painter, author, or sculptor by the Universities of the Free State and the North-West on a rotating basis. The judges for this year’s prize were Prof. Bertha Spies, Research Fellow, North-West University, and Professor Extraordinary, University of Pretoria, and Mr Noel Stockton, Senior Lecturer at the University of the Free State.

Hans Huyssen’s musical activities encompass the diverse poles of early and contemporary Western and African music, often in an attempt to assimilate the essential qualities from all these fields. His intense focus on contextuality suggests that he approaches music as a profoundly social force which has a particular role to play in our ‘new’ diversified South African society.

The Proteus Variations were commissioned by the Deutsche Welle Radio for the South African National Youth Orchestra 2006, and were premiered at the Beethoven Bonn Festival during 2006. These variations are described by the composer as “a musical representation of South Africa’s manifold Proteaceae”, named for the Greek god Proteus who, at will, was capable of assuming a spectrum of shapes and appearances. As the composer states: “It is worth noticing that a Protea is South Africa’s national flower. What could be more appropriate in providing a key to an opposite perception and understanding of the country’s diverse cultural expressions? In this regard it is my hope that the Proteus Variations may contribute a little to the wide scope of cultural responses necessary to begin to do justice to the extremely rich tapestry of our immediate cultural and natural surroundings”.

The prize of R170 000 will be awarded to Hans Huyssen by a representative of ABSA Trust, who is one of the trustees of the Helgaard Steyn Trust, in Bloemfontein on 8 November 2010.

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