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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

Teacher training key to democracy and freedom

2011-12-06

MEC Mr Tate Makgoe (left) with Faculty of Education’s Prof. Dennis Francis, holding the inaugural SURLEC Award. With them is Dr Dipane Hlalele.
Photo: Thabo Kessah

Universities have the responsibility to respond to the challenges that the South African education system is faced with.

This is the view of the Free State MEC for Education, Mr Tate Makgoe, during his address at the three-day First Sustainable Rural Learning Ecologies (SURLEC) Colloquium, which was recently held at the Qwaqwa Campus of the University of the Free State (UFS).

“Our universities must not only research the failures of our system. They must also come up with solutions.

“One of the questions that demand answers in our country is whether we produce quality teachers at our universities, considering our learners’ performance internationally. Our children lack the basics like grammar and yet we are 17 years into democracy. Why is their performance so poor in comparison to children in poorer countries?” asked Mr Makgoe.

“We must work together as a Government and universities to change this. Universities must be anchors of democracy and freedom, which is meaningless if our children cannot read and write. We must also focus on Mathematics and Natural Sciences, not forgetting to value our indigenous knowledge and games to enhance learning, especially in Mathematics,” he said.

According to Dr Dipane Hlalele, Head of the Faculty of Education at the UFS Qwaqwa Campus, the colloquium was held to search for best practices and success stories relating to the theme, Creating sustainable rural learning ecologies in the 21^st century.

“Our objective was to tap into experiences and wisdom of policy makers, researchers, scholars, teachers and students in order to map a new direction in research as well as to make an indelible mark on the revitalisation of this campus,” concluded Dr Hlalele.

The UFS Dean of Education, Prof. Dennis Francis’ efforts to improve rural education were honoured with the first ever SURLEC Award.

Over 70 research papers from the universities of the Free State, South Africa, Venda, KwaZulu-Natal, Limpopo and the Cape Peninsula University of Technology were delivered and learners from the local schools like The Beacon, Mafube, Qwaqwa and Clubview presented their winning projects at the Science Expo.

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