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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

Publication on indigenous knowledge systems

2005-10-21

Dr Otsile Ntsoane (acting Director: IKS, Department of Science and Technology) and Prof Philip Nel (Director: Africa Studies at the UFS and guest editor of the publication) at the launch of the publication

UFS launches most comprehensive publication on indigenous knowledge systems
A unique collection of essays on Indigenous Knowledge Systems (IKS) was launched yesterday (20 October 2005) by the University of the Free State’s (UFS) Programme of Africa Studies.

The essays are published as a special edition of INDILINGA, the African Journal for Indigenous Knowledge Systems and is an outcome of the colloquium on Indigenous Knowledge Systems that was presented last year by the UFS Director of Africa Studies in cooperation with the National Research Council.

“The amount and diversity of materials on IKS brought together under one cover is unique as there are no other South African publications of this magnitude on this issue. It contains papers of international experts on IKS such as Prof Fritz Wallner from Austria and Prof Gayatri Spivak, foremost postcolonial theorist from India,” said Prof Philip Nel, Director of Africa Studies and guest editor of the publication.

“The publication is a rich source field for students and scholars to exploit because most of the sources quoted in the articles are recent, fresh and relevant. The contributors are largely people responsible for managing, fostering and studying IKS in a responsible manner,” said Prof Nel.

“An added value of the publication is the inclusion of the policy document on IKS that was adopted by Cabinet in November 2004,” said Prof Nel.

“Millions of people in South Africa are faced with the painful choice of abandoning their heritage. In this choice, the study and management of IKS has a major role to play; on the one hand, to encourage as much assimilation of traditional knowledge as possible into the modern systems, and on the other hand to provide a “language” and a “grammar” for indigenous people through which they can access modernity,” said Prof Nel.

The IKS debate involves questions of African identity, protection of indigenous communities and practices, political aspects as well as the scientific integrity of the enterprise.

The publication displays the range of burning questions that have to be resolved in this field such as mainstreaming IKS in academic debate and practice, recognition and protection of the knowledge holders, bio-prospecting and bio-piracy, bio and ethnic healing, lack of textbooks and field manuals, etc and will prove worthwhile for future researchers.

“One of the main reasons for publishing this volume is the fact that IKS should be studied not only to provide a sense of pride in the past, or to engender respect for indigenous peoples, but also to enable people in indigenous mind sets to make a better transition into the world of science and technology,” said Prof Nel.

The guest speaker at the launch was Dr Otsile Ntsoane, acting Director of IKS at the Department of Science and Technology. In his speech Dr Ntsoane stressed the symbolic and concrete value of the publication. “The publication can have a great social impact and the research results can contribute to chancing the economic landscape of South Africa,” he said.

The publication can be purchased at R150 per copy. For more information, Ms Steffi Cawood, Programme Coordinator for Africa Studies at the UFS can be contacted at (051) 401-2614.

Media release
Issued by:Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
21 October 2005

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