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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

Applications for the Vice-Chancellor's Prestige Programme for 2013/2014 now open

2012-12-06

This highly prestigious programme, led by the Vice-Chancellor of the University of the Free State, seeks to identify, develop and promote the next cohort of the most promising and talented UFS academic members of staff who obtained a doctoral degree within the last five years. These are young scholars who have chosen academic careers and who are focused and determined to become senior academics in their respective disciplines.

Once identified, these scholars will be put through an intensive programme of academic and scholarship support that includes an advanced residential programme, exposure to leading scholars, intensive reading and writing programmes, high-level seminar participation and presentation, nuanced publication schedules and personal mentoring and advice.

The selection process is highly competitive, and aimed at those young scholars with the potential to obtain upper-level ratings (Y1 and P). The selection criteria include the following:(1)

1. Recently obtained a PhD degree.

2. Evidence of an active publication record.
3. Early recognition of scholarly work, e.g. successful funding/grant applications and academic awards.
4. The early development of a post-doctoral intellectual project that shows evidence of scholarly “potential” (defined by the NRF Y-category).
5. Indication of the young scholar’s understanding of what their envisaged postdoctoral endeavours will contribute to the body of knowledge.

This period of support will run over a cycle of two years after which a new intake of next generation professors will be selected.

While this cohort will be selected for an intensive programme, ongoing development and support of all young scholars will continue. The selected scholars will reflect a balance of young academics from the humanities (broadly defined, including education, law, theology and the social sciences) and the natural sciences (broadly defined, including the agricultural and health sciences).

Call for Applications

This is a call for applications for the Vice-Chancellor’s Prestige Programme for 2013/2014. Candidates are invited to submit applications. No nomination is required, but deans and heads of department will also be asked to invite young scholars to apply. Complete applications are due by Monday 21 January 2013. A full application will include the following documentation:

1. A complete curriculum vitae of the candidate.
2. A complete exercise of intent comprising the following:
2.1   Select two journal articles (copies of which to accompany the application) in the area you have identified for your intellectual focus post PhD. These articles have to be selected from journals of international standing in your field.
2.2   The articles need to be summarised (250 words each), and
2.3   Two questions have to be identified that you would want to pursue in relation to your intended project.
2.4   This is followed by a brief, critical summary of a hundred lines maximum to indicate how these articles inform, integrate or provoke your planned future research.

Submission and contact address

A paper copy of the application must be submitted to the Vice-Chancellor’s secretary, Ms Melissa Coetzee, in the Main Building by 16:00 on Monday 21 January 2013 and an electronic copy of your entire application to the administrative assistant, Mr Albert Nell:nella@ufs.ac.za. You will be contacted to acknowledge receipt. Candidates will be informed of the outcome in February. Further information on the Vice-Chancellor’s Prestige Scholar Programme can be directed at any of the following co-directors (in alphabetical order):

Prof Jackie du Toit, Prof Neil Roos, Prof Aldo Stroebel or Prof Corli Witthuhn.

[1] The VC reserves the right to nominate young scholars to the programme and also to invite scholars to a panel interview to evaluate personal qualities, professional commitment and academic ambition.

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