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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

Leader of Bafokeng nation delivers a guest lecture at UFS

2011-05-05

Kgosi Leruo Molotlegi, leader of the Royal Bafokeng, Proff. Teuns Verschoor, Vice-Rector: Institutional Affairs, Jonathan Jansen, Vice-Chancellor and Rector of our university, and Hendri Kroukamp, Dean of our Faculty Economic and Management Sciences (acting).
Photo: Stephen Collett

Kgosi Leruo Molotlegi, leader of the Royal Bafokeng nation, asked the pertinent questions: Who decides our fate as South Africans? Who owns our future? in the JN Boshoff Memorial Lecture at our university.

He said: “It’s striking that today, with all the additional freedoms and protections available to us, we have lost much of the pioneering spirit of our ancestors. In this era of democracy and capitalist growth (systems based on choice, accountability, and competition), we nevertheless invest government with extraordinary responsibility for our welfare, livelihoods, and even our happiness. We seem to feel that government should not only reconcile and regulate us, but also house us, school us, heal us, employ us, even feed us.

“And what government can’t do, the private sector will. Create more jobs, invest in social development and the environment, bring technical innovations to our society, make us part of the global village. But in forfeiting so much authority over our lives and our society to the public and private sectors, I believe we have given away something essential to our progress as people and a nation: the fundamental responsibility we bear for shaping our future according to aims, objectives, and standards determined by us.”

He shared the turnaround of the education system in the 45 schools in the 23 communities of the Bafokeng nation and the effect of greater community, NGOs, the church and other concerned parties’ engagement in the curricula and activities with the audience. School attendance improved from 80% to 90% in two years and the top learners in the matric maths in Northwest were from the Bafokeng nation.

Kgosi Leruo Molotlegi stressed the need for people to help to make South Africa a better place: “As a country, we speak often of the need for leadership, the loss of principles, a decline in values. But too few of us are willing to accept the risk, the expense, the liability, and sometimes even the blame, that accompanies attempting to make things better. We are trying to address pressing issues we face as a community, in partnership with government, and with the tools and resources available to us as a traditionally governed community. It goes without saying that we can and should play a role in deciding our fate as members of this great country, and in the Royal Bafokeng Nation, as small as it is, we are determined to own our own future.”

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