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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 academic appointed as team doctor for SA Olympic Team

2012-03-22

Dr Holtzhausen’s appointment reflects well on the quality of exercise and sports medicine presented at the university.
20 March 2012

Dr Louis Holtzhausen, Head of the university’s Department of Sports and Exercise Medicine, has been selected by the South African Sports Confederation and Olympic Committee (Sascoc) as team doctor for the more than 300 athletes that will represent South Africa at this year’s Olympic Games in London.

“This is definitely one of the most important highlights of my career, in which I’ve worked with professional athletes and top sporting people,” says Dr Holtzhausen, a recognised South African academic in Sports Medicine.

“It is not only an honour to be appointed as team doctor for the South African Olympic Team. It is also a privilege to represent the UFS. The fact that Sascoc approached me reflects well on the quality of exercise and sports medicine that we present here at the university,” says Dr Holtzhausen.

Dr Holtzhausen says he has already worked with some of the athletes in the Olympic Team. These include members of the South African boxing team, the hockey team, as well as track and field athletes that have been preparing for the Olympic Games at the university’s High Performance Unit.

There is, however, hard work ahead for Dr Holtzhausen. His work will start before the team leaves for London in July. “I have to ensure that all the athletes are healthy and that everyone’s immunisation programmes are up to date. We also have to ensure that no athlete takes banned substances,” he says.

During the Games, Dr Holtzhausen will keep an eye on the optimal functioning of every athlete. “Anything that could hamper them medically will be sorted – whether it’s a broken ankle or a cold,” he says.

He will also see to it that medical services are available during the competition. Immediate medical assistance will be available, especially at high contact sports like boxing.

Dr Holtzhausen has also been team doctor for Team South Africa at the All Africa Games, the biggest sporting event in Africa. He was recently appointed as a member of the International Committee and Coordinator for Africa of the worldwide Exercise is Medicine project. This project proposes that exercise be used in the prevention of chronic disease in the general population, as well as in the treatment of people with existing chronic diseases. Dr Holtzhausen is also an honorary member of the South African Sports Medicine Association (SASMA). This membership is awarded to members of the medical and scientific community who make significant contributions to the advancement of sports medicine.

Dr Holtzhausen is a member of the Vice-Chancellor’s Prestige Scholars Programme.
The goal with the Prestige Scholars Programme is to select no more than 100 of the most promising young scholars (typically holding lecturer status) and to make substantial investments in their development towards the professoriate. A tailored, intensive programme of support has been designed which combines international placement working alongside leading scholars in the discipline of the prestige scholar, with intensive mentorship and support from within the university.

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