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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

University publishes its Integrated Report

2013-08-23

23 August 2013

The university is proud to have published an integrated report in line with the King III requirements on corporate governance. The university is one of the first universities – if not the first – in South Africa to do so. The UFS sees integrated reporting as a public process through which we report to all our stakeholders, using evidence-based data, on the achievements and challenges of a public university.

Our first Integrated Report reviews the overall performance, non-financial and financial, of the UFS for the 2012 academic year. It is the first report of its kind delivered to stakeholders and guided by the King III framework which recommends integrated, sustainable performance that is reported in a way that enables stakeholders to make an informed assessment of an institution.

The Integrated Report notes that the conditions under which higher education institutions operate have become more demanding in the last two decades and there is a growing need for universities to be more explicit and transparent about the manner in which their core functions (teaching, research and public duty), as well as its administrative operations, are defined by and support good governance, sustainability and corporate citizenship.

The university welcomes this opportunity to present in public an integrated account of itself. In particular, the UFS sees this report as an opportunity to align more strongly its financial and non-financial reporting in pursuit of organisational sustainability and social transformation in South Africa.

Prof Jonathan Jansen, Vice-Chancellor and Rector, notes in the report that in the past four years the university has made significant progress in respect of its two foundational commitments, the Academic Project and the Human Project.

There are now more students entering the university who satisfy the higher requirements set for admission. “This will improve the throughput and graduation rates of incoming students, ensuring their personal success and satisfaction with higher education.” The establishment of a state-of-the-art Postgraduate School, for example, is expected to increase the number, quality and success rates of postgraduate students.

The research output has increased steadily and the contribution of the new Senior Professors project, as well as the five research clusters, have helped to improve the quality of research and the spread of postgraduate recruitment beyond South Africa.

On transformation, the Vice-Chancellor observes that “We have made significant progress in building inclusive, democratic and embracing campus cultures which affirm the value and dignity of all students and staff. With the steady increase of black students in a majority black campus, our goal remains to retain our diversity in a university that serves as an experiment in teaching students to live and learn and love together.”

Financial sustainability is a major commitment and the UFS has not only maintained its record of unqualified audits, but has steadily built a culture of risk management and performance evaluation throughout the system. Internal auditing is a strong instrument in our arsenal to secure financial and operational compliance in every department of the university.

“What integrates the systems and functions of the university is the alignment of everything we do with our two pillars, the Academic and Human Projects, built on a solid foundation of professional support services as described in the Strategic Plan adopted in 2012. In the process of preparing the Integrated Report we discovered how much still needs to be done to align the still disparate and independent activities of the three campuses, seven faculties and more than 100 departments of this large university,” according to the Vice-Chancellor.

The report is available at: http://www.ufs.ac.za/content.aspx?id=184.

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