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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

UFS outlines research achievements

2011-09-02

At the launch of the 2010 Annual Research Report, were from the left: Mr Robert Kriger, the director for Policy and Strategy at the National Research Foundation (NRF); Prof. Driekie Hay, Vice-Rector: Academic and Prof. Frans Swanepoel, Senior Director: Research Development.
Photo: Stephen Collett

The University of the Free State (UFS) is well on course for delivery on its most important academic duty as a research university. This was the message that came forward at the launch of the 2010 Annual Research Report of the UFS on 30 August 2011.

Speakers at the launch, which included Prof. Jonathan Jansen, Vice-Chancellor and Rector, as well as Prof. Driekie Hay, Vice-Rector: Academics outlined the key strategies and achievements of the UFS for the 2010 academic year. This included the establishment of a Postgraduate School at the UFS, the first of its kind at a public university in South Africa. Prof. Hay told guests that the aim of the Postgraduate School was to broaden research and deepens scholarship on postgraduate education in the country. She highlighted some initiatives the UFS undertook in 2010 to build and maintain its intellectual capital. Some of these initiatives included the appointment of seven senior professors and recruiting more female and black scholars and academics.

Also speaking at the event was Mr Robert Kriger, the director for Policy and Strategy at the National Research Foundation (NRF). Kriger reflected on the brilliant minds of scholars such as Archie Mafeje, Lewis Nkosi and Dennis Brutus and argued for efforts to increase the country’s research output.

Some highlights of the 2010 Annual Research Report:

The total funding available for research at the UFS increased from approximately R199 million in 2009 to just over R210 million in 2010. A total of R31.8 million was made available from central university funds.
In 2010 the UFS was home to 92 NRF-rated researchers. During 2010, four researchers applied for re-evaluation and of these, two improved their rating, while a further five received a first-time rating.
The Faculty of Natural and Agricultural Sciences continue to be the most prolific producer of publications in accredited journals, while the Faculty of Education has shown a 54% increase in its publication output.
Staff members in the Physics department at the UFS Qwaqwa Campus published 22 papers in international peer-reviewed journals during 2010.
Also at the Qwaqwa Campus: Ms Khethiwe Mtshali,a postgraduate student in the parasitology research unit of the Department of Zoology and Entomology, received a best Honours presenter award at the 1^st Annual Research symposium of the National Zoological Gardens of South Africa.

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