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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

South Africa praised for dealing with its history

2012-07-12

Case Study: Symbols of Power, Justice and Transformation - Prof. André Keet

“I listened to an incredible conversation on how South Africans can talk about the past. We failed to do that in the US. We cannot move on because we failed to name the ghosts in our past. I am honouring what South Africa is doing.”

These are the words of a staff delegate from a university in the USA in a case study at the Global Leadership Summit led by Prof. André Keet, Director of the International Institute for Studies in Race, Reconciliation and Social Justice at the University of the Free State (UFS).

Students and academics from universities in the USA, Belgium, the Netherlands and Japan are attending a Global Leadership Summit with the theme “Transcending Boundaries in Global Change Leadership” at the UFS.

In the case study, symbols on the Bloemfontein Campus such as the MT Steyn Statue, Justitia symbol of justice at the building of the Faculty of Law, the artwork Van hier tot daar, and the Women’s Memorial were presented to the audience and the question was asked if they had to be removed or if they had to remain.

Students overwhelmingly felt that symbols of the past had to remain. Here are some of the comments:

“Without our past we would not be here today. Without the past, we would not know why we are here or where we are going.”
“It is important for students that it remains on campus, as a reminder that history must not repeat itself.”
“There is room for new symbols. We must look back but must also look at the future.”
“We must resolve the problems of the past and move on.”
“We must remember that we cannot go back there again. We must not take away part of other people’s history.”
“Symbols must be contextualised.”
“Don’t look in the rear mirror, but through the windscreen where you are going. The windscreen is far bigger.”

One student said the statute of MT Steyn filled him with anger.

Prof. Keet said the act of running away from the ghosts of the past was a way to keep those ghosts alive. The past cannot be dealt with, only visited. The ghosts connect people with the past and allow the past to be present in the now.

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