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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

Up to 60% of students do not have enough to eat

2013-11-15

15 November 2013

A report of the University of the Free State has revealed the shocking statistics that almost two-thirds of the students at the university don’t have enough money to buy food, and suffer from hunger during terms.

The study, conducted internally by the university’s Department of Nutrition and Dietetics, was a response to a growing international concern that students worldwide were not getting enough to eat. While studies were conducted in the USA and Australia, no similar research has been done in South Africa.

“There have been many studies on the impact of poor nutrition on school kids,” says Dr Louise van den Berg, Senior Lecturer in the Department of Nutrition and Dietetics, “but almost no research on university students. South Africa is, overall, a food-insecure country, and the university wanted to establish how widespread this problem is among our students.”

The reasons given by students invariably referred to a lack of money, as many students were also supporting families. Some students admitted they lacked the knowledge to feed themselves properly, some admitted to borrowing money to buy food, and some even admitted to stealing food to survive.

“This research has confirmed something we have suspected for a long time,” Dr van den Berg states.

A number of students disclosed that they were reluctant to resort to the university feeding scheme, as they were ashamed to admit they did not have money to buy food.

This study is the first of its kind in South Africa, and underlines the fact that tertiary students are particularly vulnerable when it comes to food security. Often a student has to juggle their studies with their role as breadwinner.

A tiny ray of hope to students who find themselves as food insecure, is the No Student Hungry Programme that offers a food bursary to qualifying students.

This programme, initially established by Prof Jonathan Jansen, UFS Vice-Chancellor and Rector, and now managed by Grace Jansen and Karen Buys, offers a small allowance of about R30 per day to hungry students with an average academic achievement of 60% and above. This criterion discourages entitlement thinking and builds a strong sense of responsibility on the part of those who benefit from the food bursary.

Melanie, a second-year Geography and Environmental Management student, as well as a single mother, is a beneficiary of the NSH Programme. “This bursary helps me to get a balanced meal every day. It is one less worry for me. I dream of completing my studies so that I can be independent and provide my son with the life he deserves.”

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