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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

Our Abe Bailey scholars are packing for the UK

2011-08-16

Nida Jooste and Ryan Lamb
Photo: Earl Coetzee

Academic excellence and strong leadership has become synonymous with our university, as our two Rhodes scholars for 2011, and the recent announcement of our two Abe Bailey scholars from the UFS have shown.

Nida Jooste and Ryan Lamb are two of the proud recipients of Abe Bailey Travel Bursaries and will be heading off to the United Kingdom on 26 August 2011, to visit several universities in England and Scotland. These two were chosen from hundreds of UFS applicants and will join Abe Bailey bursary holders from the rest of the country.

Both students are academic achievers, but also excel in other fields. This is what set them apart from the rest of the applicants for the bursaries.

Ryan (23), a Medical Physics honours student at our Faculty of Health Sciences, received the Senate Medal for the best bachelor’s degree student at the UFS. He was one of a hundred students at the Brightest Young Minds Summit this year and was one of the 2008 delegates to the World Youth Forum, hosted by the International Association for Poetry and Solidarity in Italy.

This young man is the founder of a group called Poets Anonymous, which provides a platform where poets, artists and dancers in Bloemfontein can express themselves.

Nida (21) is a very familiar face on our Bloemfontein Campus, as she served as the Deputy Chairperson of the Interim Student Council for the past year.

This fourth-year LL.B. student says she has known about the Abe Bailey bursary since her first year, but had to wait to apply, since the scholarship is only open to final-year students and junior lecturers. She applied last year, but did not even make it to the short list for candidates.

“I realise now that I was not involved enough then. Luckily I became much more involved in campus activities during the past year and also improved my academic performance greatly,” she says.

Nida and Ryan both hope to use the opportunity to learn new approaches to solving problems. Ryan says he is looking forward to the opportunity to network with other bursary holders and to share experiences with them, before returning to the UFS to implement what he had learned.

Nida says she also hopes to see how universities in First-World Countries operate, in order to apply that knowledge when she returns to the UFS.

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