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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 medical students reach out to the community

2011-04-16

The smiles on the children at Beyang Bana Pele Creche in Mangaung were blindingly bright, after their new classrooms and playground were unveiled on Friday 15 April. The creche was renovated by a group of third-year medical students from the UFS.
Photo: Earl Coetzee

A group of third-year medical students from the University of the Free State was responsible for many smiling little faces when they unveiled a entirely renovated crèche to its little students on Friday, 15 April.

Reinhardt Erasmus, Fathima Vawda, Veneshree Govender, Antoi Roets, Riaan Calitz, Motlalepula Mabizela, Tertius Potgieter and Chanel van der Westhuizen were the students responsible for the massive renovation work that went into the Beyang Bana Pele Creché in Mangaung.

The students tackled the project as part of a community service project and ensured that the 30 children who attend the crèche can look forward to coming to a safe healthy environment every day.

According to Riaan Calitz, they started the project at the beginning of the year by doing a needs analysis and talking to the children’s parents and teachers. They also involved the aid of an architect and quantity surveyor to calculate the needs of the crèche.

Next, they had to search for sponsors for their work, and struck it lucky when the Windmill Casino agreed to donate R100 000 to their project. They also managed to raise a further R5 000 as well as approximately R50 000 in goods and services donated by various other companies.

This money was enough to improve the safety at the crèche, install safe gas equipment in the kitchen, improve the insulation to ensure a warm winter, install new playground equipment and host several health and safety workshops.

“It took a lot of late nights and early mornings,” Calitz said. “Some of us also had to return from our holiday early, but it was worth it.”

He says the gratitude from the school’s children and teachers, as well as community members, who would stop and thank them for their help while they were busy working, makes it all worthwhile.

The students plan to stay involved with the crèche and say the renovation plan was drafted in such a way that when they move along, another group can simply pick up from their work with ease.

Mrs Sarah Mothoana, the crèche matron, thanked the students as well as everyone who assisted them in “creating a wonderful, safe and healthy environment for the children.”

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