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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

“I, too, am an African,” says visiting US drama professor

2013-03-06

Africans are of blood and of soil, says Prof Charles Dumas in his inaugural lecture at the UFS. Speaking on the topic I, too, am an African, Prof Dumas reminisced about his life and experiences on the continent.
Photo: Minette Grove
05 March 2013

Lecture (pdf)

What is an African? Is it those born in Africa, defined in racial and genealogical terms, or those who identifies with the continent in nationality and ancestral location? Did the descendants of enslaved Africans in the US, the Caribbean or Brazil lose their Africaness when their ancestors were put on slave ships to the New World?

These were some of the questions raised by Prof Charles Dumas, visiting senior professor in the Department Drama and Theatre Arts, in his inaugural lecture at the university.

Proclaiming attachment to the continent, Prof Dumas told his audience there are two types of Africans: Africans of the blood and Africans of the soil. In a speech titled, “I, too, am an African,” he stated that he lay claim to his ancestral birthright not because of blood relationship to an identifiable ethnic group or birthright to the continent, but because he earned it.

“I suggest another way that one can be an African, is through trial and struggle to be reborn an African in spirit. It is a ritual journey that may be taken by anyone. For, after all, if we are to believe the anthropologists who tell us that human life as we know it began in the Olduvai Gorge, genetically we are all African in origin.”

Prof Dumas, a senior professor at Penn State University in the USA, took the audience on a journey of his experiences on the continent, starting in 1978 when he first came to South Africa as a legal observer. Noticing the changes between Apartheid and today’s South Africa, he said this generation are committed to learn from each other – and that is the most important, he said.

“With their hopes and aspirations they earnestly desire to live in the new South Africa that we promised them. We must support them in their effort. It is time we stored our old baggage in the closet.”

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