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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 responds to media reports about UFS101

2012-08-18

The UFS101 is a cross-disciplinary module of the University of the Free State (UFS) that encourages critical thinking and offers access to knowledge beyond the specific qualifications for which students are registered. This is a multi-disciplinary academic curriculum that includes topics in astronomy, nanotechnology, history, law, anthropology and religion.

Throughout the seven units students are taught to think broadly rather than narrowly, and critically rather than through rote-learning.

The core curriculum module raises some difficult questions about science, humanity and the universe that have occupied human beings for centuries. There is considerable effort put into the module to enable balance, respect, and independent thinking. Students are not taught what to think but are offered different perspectives on difficult issues.

“In my unit on the question ‘how should we deal with the past?’ every effort is made for students to examine the perspectives on history held by people from different communities in South Africa,” said Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS.

Students are then encouraged to speak in class, online and in tutorial groups where they are given ample opportunities to take a position and defend it not through emotion and anger, but through logic and reason.

The objective of the module is to equip students to deal with “the present past” in constructive and empathetic ways. They are also prepared to become active citizens outside the classroom and gain skills they can use anywhere in the world.

Some students find the module difficult at first, since most of them are not used to the practice of critical thinking and dealing with difficult questions from the past, the present and the future. Most students gradually come to enjoy the core curriculum module as they become accustomed to a new style of teaching and learning.

There are 700 first-year modules at the UFS. This is the only one module offered to students in English so that all students, local and international, can engage with one another directly on the subject matter discussed in the module. However, the module material is also available in Afrikaans online.It is a pity that AfriForum Jeug Kovsies did not discuss their concerns with the presenters of the module, but chose to do it through the media.

It is a pity that AfriForum Jeug Kovsies did not discuss their concerns with the presenters of the module, but chose to do it through the media.

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