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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

Researchers urged to re-emphasise regeneration of grassroots

2013-10-23

23 October 2013

Institutions of higher learning have a critical role to play in the promotion and protection of indigenous knowledge systems. This is according to Dr Mogomme Masoga, UFS alumnus and Senior Researcher with the Development Bank of Southern Africa (DBSA).

Dr Masoga was addressing the 6th annual Indigenous Knowledge Systems (IKS) Symposium at the University of the Free State’s Qwaqwa Campus.

“The time has come for local communities rich with knowledge to be taken seriously by the researchers doing their work in those respective communities,” argued Dr Masoga.

“Power relations between the researcher and the communities involved in the research process should be clarified. The same applies to the ownership and control of knowledge generated and documented in a community.

“There is an increasing need for democratic and participatory development in our communities. This can be achieved by giving primacy to the interests, values and aspirations of the people at large. There must be a radical move from prevailing paradigm of development that suffers from relying on coercion and authoritarianism. There is a need to associate development with social needs. This will give validity and integrity to the local communities, thereby giving confidence to the leaders and their constituencies.”

Dr Masoga said that the time has come for African universities in particular to “de-emphasise factors that monopolise attention today. Factors like debt crisis, commodity prices and foreign investment, among others, must be replaced by emphasis on the regeneration of the grassroots. Many African universities and research institutions have not lived up to their responsibilities as guiding lights to the continent. However, all is not lost.

“The current global race for knowledge works against so-called developing countries, especially in Africa. There is a far greater need to have a code of ethics drawn up for researchers engaging with local communities, to ensure the promotion and protection of indigenous knowledge systems.”

Meanwhile, a cross-section of papers were also delivered during the symposium. These ranged from Moshoeshoe’s lessons in dealing with poverty alleviation as presented by Dr Samuel Mensah, Department of Economics, to indigenous grasses of Qwaqwa by Prof Rodney Moffett, Department of Plant Sciences. Also presenting lectures were Phephani Gumbi, African Languages; Tshele Moloi, School of Mathematics; Natural Sciences and Technology Education and Dr Tom Ashafa (Plant Sciences).

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