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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

Postgraduate School opens at UFS

2011-05-19

Prof. Maresi Nerad, from Washington university in Seattle, USA
Photo: Stephen Collett

We are celebrating the launch of our new Postgraduate School (PGS) on our Main Campus in Bloemfontein from 16 - 20 May 2011.

In line with national priorities for research-based postgraduate education and the focus of the UFS Academic Turnaround Strategy, the aims of the Postgraduate School are to:

improve the quality of postgraduate student research;
produce graduates who are global citizens, research literate and able to reflect ethically on the purpose, process and product of research;
improve throughput rates of postgraduate students; and
make the experience of being a postgraduate at the UFS one which is stimulating, enjoyable and which contributes to the development of the person beyond the limits of her or his discipline(s).

“We hope that the school will be a pleasant place to pursue research scholarship, discuss ideas and relax, and we look forward to welcoming postgraduates and other scholars to the school,” Prof. Neil Roos, Director of the UFS Postgraduate School said.

This significant event in the academic transformation of the university goes hand in hand with the inaugural lecture of Prof. Maresi Nerad. Prof. Nerad’s impressive CV reads amongst others that she has a M.A. (Political Science) at the Technical University of Darmstadt, Germany and a Ph.D. (Higher Education) at the University of California, Berkeley. She is also the founding director of the national Center for Innovation and Research Graduate Education (CIRGE).

As Professor Extraordinary in the UFS’s Postgraduate School, she is bringing more to the table than a world of wisdom and her passion for the postgraduate education. “I can contribute lessons learned from four distinct professional experiences, including 17 years of administrative and scholarly leadership in undertaking the conceptual and practical transformational work of organisational change at two US postgraduate schools, where I worked amongst others to improve the quality of mentoring, shorten the time to doctoral degree, and improve doctoral completion rates.”

She also brings to the UFS her experience as founding and current director of the first research center for studies on graduate education in the world. “It is our mission to discover how best to prepare Ph.D. students to be effective leaders in research and society,” she said.

Prof. Nerad says that she is committed to support and consult with the UFS Postgraduate School. She would particularly encourage the use of research to understand postgraduate education in all its dimensions at the UFS better and to use the evidence-based findings as a base for policy-making and resource allocation.

In reflecting on her vision for the UFS Postgraduate School, Prof. Nerad says that five years from now she hopes to see the UFS having strengthened its position as a major driving force in the national South African postgraduate-education community for internationalising postgraduate education. She is also confident that the UFS will supply increased numbers of skilled postgraduates who are “intellectual entrepreneurs and risk takers with a social consciousness, who have sustainability of the systems of the planet as a core value”.

“Five years from now the PSG will have taken the lead in preparing graduate students who are world citizens,” Prof. Nerad concluded.

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