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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.

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Leah Tutu - from a humble heritage to a matriarch of devotion

2013-10-18

Leah Tutu
18 October 2013

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Leah Tutu Symposium: YouTube video

There are treasures in life, but owners are few
Of money and power to buy things brand new
Yet you can be wealthy and feel regal too,
If you will just look for the treasures in you …

The joy and the laughter, the smile that you bring;
The heart unafraid to love and to sing;
The hand always willing to help those in need;
Ones quick to reach out, to labour and feed.

So thank you for sharing these great gifts inside;
The caring, the cheering, the hug when one cried.
Thanks for the energy, encouragement too,
And thank you for sharing the treasures in you. (Author unknown)

With these words, Thandeka Tutu-Gxashe embodied the celebration in honour of her mother, Leah Tutu.

On Thursday 17 October 2013, the Annual Intercontinental Leah Tutu Symposium was launched at the UFS’ Bloemfontein Campus. Dignitaries and students alike flocked to the Centenary Hall where friends and family shared their immense love and respect for Ms Tutu.

Approaching the podium, Eunice Dhadhla (co-founder with Ms Tutu of the Domestic Workers Union) started humming and in an instant the audience had risen to their feet and the words “My mother was a kitchen girl. My father was a garden boy. That’s why I’m a unionist”, reverberated through the hall.

“I am what I am today because of her,” Dhadhla said of Ms Tutu. They have walked a long hard road together to ultimately unite domestic workers across the globe. Stretching her small body to its full length, Dhadhla imparted one of the most valuable lessons she has learned from Ms Tutu, “Stop crawling, stand up and walk for yourself.”

As soon as Dr Sindiwe Magona – acclaimed writer and poet – ascended the stage, her energy rushed across the room with electrifying intensity. Her high regard for Ms Tutu as public icon as well as a mother, wife and friend, was palpable. Belting out line after line of a poem she wrote especially for Ms Tutu, the audience echoed their agreement in a mutual exchange.
No sooner were they seated, than Archbishop Desmond Tutu and Prof Jonathan Jansen had the crowd roaring with laughter. Archbishop Tutu’s familiar chuckle peppered his story of how he came to propose to his wife. It was clear, though, how much he reveres Ms Tutu’s presence in his life. With enormous awe, he revealed her innate power, specifically during difficult times in our country’s past – from weathering death threats against her husband to public humiliation.

But despite adversity and heartache, in front of the Centenary Hall, this matriarch stood up and beamed joy into everyone present.

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