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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

UFS launches a Small and Medium Enterprise (SME) Observatory, first of its kind in South Africa

2013-12-04

In cooperation with its partners, the Centre for Development Support at the University of the Free State (UFS), launched the SME Observatory at a function on the Bloemfontein Campus. This initiative is the first of its kind in South Africa.

According to Willem Ellis, Director of the Centre for Development Support, this is a public-private partnership between the UFS, the International Labour Organisation (ILO) and the Department of Economic Development, Tourism and Environmental Affairs (detea), which aims to gather information for research on small and medium enterprises. “With this research we will endeavour to empower policy formulators to make the right decisions in terms of development on a local, provincial and national level,” Ellis said.

Presentations and the panel discussion at the launch covered topics such as:

How many enterprises can survive in a town?
Are entrepreneurs being set up for failure?
Is SMEs the answer to the unemployment question?
The cost of red tape: is SMEs being tied down?

To demonstrate the applicability of the enterprise architect for issues relating to enterprise policy, as well as entrepreneurship strategies, it was decided to focus the pilot phase of the observatory on towns in the Free State. Dr Daan Toerien, research associate at the Centre for Development Support, and Johannes Wessels, Project Manager of the SME Observatory, compiled the report: “50 Towns in the Free State: What the Enterprise Architecture of these towns is telling us about Entrepreneurial Space.”

In his presentation at the launch, Dr Toerien said: “The Enterprise Observatory’s prime goal is to present valuable facts and insights about enterprises in the domains it is observing.” He has developed a database that contains information on a large number of South African towns. He said that studying the enterprise architecture of towns will contribute significantly to inform the policy and strategy debate on LED and enterprise development. “These activities will add valuable data and insights to approach entrepreneurship in the Free State and, after the pilot phase, also in other provinces in South Africa. The Free State government, district and local municipalities, and the consultant fraternity serving them, should find the SME observatory’s activities of value,” he said.

Wessels said that the SME Observatory of South Africa is dedicated to base its arguments on sound theory, science and applied research; to engage policy and decision makers on an evidence-based approach; operate in a politically non-aligned mode in order to mirror truthfully the impact of policies and decisions and to partner with policy makers, entrepreneurs, public administration, think tanks, research institutions, business representatives and NGOs on building networks and alliances to promote an open and competitive enterprise environment.

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