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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 to send a second group of first-year students overseas

2011-03-23

Some of the students who were chosen in 2010

Following the resounding success of the University of the Free State’s (UFS) Student Leadership Development Programme in 2010, the UFS will send a second group of students to the USA in 2011 and also extend the programme by sending students to various universities in Europe and Asia.

This year a total of 150 first-year students will be selected compared to the 71 students that were selected last year. Last year’s group of students spent two weeks, between September and October 2010, at various universities across the United States.

The programme intends to expose the students to diverse cultures and enable them to learn leadership skills. The goal of the programme is to build a new class of UFS students who become leaders during their years of study and commit to building a non-racial community during and beyond their years at university.

Mr Rudi Buys, the UFS Dean of Student Affairs, says: “With the programme we want to develop participants’ thinking and capacity to lead in the contexts of diversity and change and we hope to direct them to programmes leading to change in student life in general upon their return.”

The three core purposes of allowing students an opportunity to study abroad are:

to introduce South African students to positive models of racial integration and integrated residential life;
to share and exchange ideas around issues of race, racism, racial integration and racial reconciliation, with undergraduate students abroad; and
to build long-term networking and collaboration between academics and researchers interested in scholarly work on themes of race, reconciliation and social justice.

Last year students were selected based on their ability to reflect critically on knowledge of societal issues and successful candidates were put through a preparatory development programme. They were divided into groups and given assignments to complete during the programme. A similar selection process will be undertaken this year.

Upon their return, last year’s group of students demonstrated extremely positive outcomes, during an assessment of the project’s goals and achievements. More than 80% of participants agreed that the course met all expectations; the content was meaningful and challenged their existing views. More than 90% felt that the course meaningfully addressed diversity. Among the successes achieved by the programme is the influence of participants in the student community.

Many serve as peer mentors for the Gateway First-Year Welcoming and Orientation Programme, while others serve as mentors in well-being and academic peer advisory programmes. Many have also been elected as members of executive committees of student associations and management committees in residences, while some have availed themselves to run for student governance structures throughout 2011 and 2012.

The programme proved to be so successful that it was decided to expand the number of students selected for the programme to 150 this year and first-year students are invited to apply. It is envisaged that 90 students will visit American universities, while 60 will visit institutions in Europe and Asia.

Last year the students were hosted by, amongst others, Cornell University, the University of New York, Cleveland State University and the University of Massachusetts.

Yale University, Amherst College and other American universities will join these host universities in 2011, in addition to the European and Asian institutions.

Those first-year students who wish to apply can find all the information at www.ufs.ac.za

Media Release
23 March 2011
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

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