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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

Max du Preez on South Africa’s leadership vacuum

2011-08-29

Present at the CR Swart Memorial Lecture was, from the left: Prof. Hussein Solomon, senior Professor in our Department of Political Science; Prof. Theo Neethling, Head of our Department of Political Science; Max du Preez and Prof. Lucius Botes,Dean of our Faculty of Humanities.
Photo: Stephen Collett

“Much has been going wrong in South Africa in the last few years and it’s all due to a lack of strong, visionary leadership. South Africans deserve better and should demand more integrity, courage and vision from the present political leadership,” veteran journalist and author Max du Preez told the audience at a packed Wynand Mouton Theatre at our university, on 25 August 2011.

Delivering this year’s CR Swart Memorial Lecture on the topic “Of Jacob, Julius, Jimmy and the Dancing Monkey”, Du Preez told the audience to look with much more critical eyes at the political leadership and decide who is doing the obvious, following his or her basest instincts or simply trying to play to the gallery. “Why look at a man like Julius Malema and let him upset us, why listen to Floyd Shivambu with his crude manners and let them define us?” Du Preez asked the more than 300 people attending the memorial lecture. The CR Swart Memorial Lecture, the 41st hosted by the UFS, attracted one of the largest crowds ever for a public lecture, with some people sitting on the steps inside the auditorium of the Wynand theatre.

Telling the story of African philospher Morena Mohlomi, who acted as a teacher to Basuto king Moshoeshoe, Du Preez told the audience that the country needs counter-intuitive leadership like the two leaders had demonstrated. Calling Mohlomi southern Africa’s first Pan Africanist, Du Preez said the extroadinary thing about Morena Mohlomi and his student was their gift of counter-intuitive leadership, leadership that was daring and visionary, leadership that did not simply do the obvious. Pointing out other visionary leaders like Nelson Mandela, Oliver Tambo, Walter Sisulu, Beyers Naude and Van Zyl Slabbert, Du Preez urged the audience to question “the quality of leadership of Cosatu, the Democratic Teachers Union that is messing up our education, the Communist Party, the Democratic Alliance, the Freedom Front Plus and Solidarity. If they don’t live up to our expectations, why do we still tolerate them?” Du Preez asked.

Du Preez also commended Prof. Jonathan Jansen, Vice Chancellor and Rector of the UFS, for his counter-intuitive leadership regarding the Reitz Residence incident and said Prof. Jansen’s solution, as controversial as it was, brought a much better outcome.

Please find attached the full speech of Max Du Preez.

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