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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

Conference on religion and reconciliation

2011-07-25

At the conference were, from the left, front: Dr Frank Chikane, President of AFM International; Dr Mathole Motshekga, Chief Whip of the ANC; at the back: Rev. Maniraj Sukdaven, Head of our Department of Religion Studies; and Dr Alan Boesak, connected to our International Institute for Studies in Race, Reconciliation and Social Justice, as well as a minister in the United Reformed Church.

In recent times, reconciliation has mainly been politically driven, Dr Alan Boesak stated during a conference on religion and reconciliation. He was one of a number of prominent academic leaders from various religions who participated in the conference: Exploring religious understanding for reconciliation.The conference was presented by our Faculty of Theology and the International Institute for Studies in Race, Reconciliation and Social Justice at our university this week.

According to Dr Boesak, a theologian connected to our International Institute for Studies in Race, Reconciliation and Social Justice, reconciliation means much more than simply former enemies no longer attacking or killing one another; they also have co-exist with a positive attitude towards one another.

Speakers from, amongst others, the Christian, Jewish, Baha’i, Rastafarian, Islam and Buddhist religious communities shared their views on reconciliation with one another.Most of these speakers referred to the special value of humankind in each religion. A person’s life has a supernatural dimension, which ought to play a major role in the way in which people treat one another.

Dr Frank Chikane, President of AFM International, as well as a speaker at the event, stated that the religious community should and had to be more active in discussions about reconciliation.“If religious leaders do not talk about current issues, all kinds of voices with distorted perspectives will be heard instead,” Dr Chikane added.

Reconciliation can only truly take place if the contribution of each group in society is taken seriously. Apart from the high premium placed on rights in society, duties that have to be fulfilled should also be emphasised. Bishop Malusi Mpumlwana from the Ethiopian Episcopal Church is of the opinion that this sense of duty should be established in people’s frame of mind. Adv. Antony Osler pointed out from a Buddhist perspective how important it was to deal with reconciliation by living up to its principles.

Rev. Maniraj Sukdaven, Head of our Department of Religion Studies, is very satisfied with the high quality of the contributions during the conference.

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