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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

Open Day engulfs Bloemfontein Campus with colour, crowds and cheer

2013-05-04

08 May 2013
Photo: Lelanie de Wet

Open Day YouTube video

The procession – comprising of Prof Jonathan Jansen and the Deans of all the UFS faculties – stately entered a packed Callie Human Centre on Saturday morning 4 May 2013. As everyone took their seats, all the lights were abruptly cut, leaving the hall in a stunned silence. Suddenly brilliant beams of green, blue and red lights cut through the dark, exploding into a spectacular laser show.

Open Day 2013 on the Bloemfontein Campus was officially under way.

The audience of parents and prospective students were awe-struck by a transfixing electric guitar performance, dancers lit up by LED suits, pulsing music and finally Corneil Muller singing to the accompaniment of Prof Jansen behind the piano.

Vice-Chancellor and Rector, Prof Jansen immediately made attendees from across all nine provinces, Namibia, Lesotho and several other countries feel at home and embraced by the university. During his welcoming address, Prof Jansen referred to the fact that Kovsies places the bar high when it comes to achievement. “We expect more of our students,” he said. “Passing is not important, passing wéll is important.” He stressed that at the university we teach students to be decent, to be exceptional people. “We place a high premium on being an outstanding human being.” He went on to say that our students are better than the previous generation – they do not carry the baggage of the old.

Prof Jansen also communicated the university’s commitment to developing leaders with an understanding of the world. This is why the university afford students the opportunity, amongst other things, to study abroad. Students have access to a wide variety of organisations and the privilege to have access to leaders who they can converse with. Kovsies strives to produce leaders, not only in the community, but on a global platform.

To demonstrate this last point, top Kovsie achievers joined Prof Jansen on stage to relay their stories of perseverance, courage and success. Included among these stars, were athlete Danél Prinsloo; Varsity Cup Player that Rocks 2013 Oupa Mohoje; DW Bester, a Rhodes Scholar currently studying at Oxford University in the United Kingdom; and Jurie Swart, who ranked under the top five in the 2012 International Graduate Architecture Student Design competition.

The residences pulled out all stops when it came to the presentation of their individual stalls. The gardens in front of the Main Building burst with colour, sound, dancing and laughter as the residences competed to draw the most visitors. The faculties also opened their doors for a glimpse at the exciting opportunities awaiting prospective students.

A record amount of visitors went home with the words of Rudi Buys, Dean of Student Affairs, inscribed in their minds summing up what the UFS is all about: “Where a sense of community matters more than the colour of your skin.”

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