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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

Two degrees in three years for former teacher

2013-12-17

Jacqui Middleton

When Jacqui Middleton entered university in 2011, she did so alongside her daughter, both women enrolling for their first-year studies at the University of the Free State. Three years later and the mother of three have completed two degrees – a double feat achieved with distinction.

Middleton, a former teacher, will receive a BA degree in Corporate and Marketing Communications at the April 2014 graduation ceremony and a master’s degree in Sustainable Agriculture at the June graduation ceremony. With these two qualifications in the bag, Middleton will pursue her studies with a BCom Honours degree next year, as well as a PhD degree in Sustainable Agriculture.

“It was my first full-time studies since 1988,” says Middleton. “I was a teacher for 22 years and my husband kept saying that I needed to get out of the classroom and into the corporate world. I was reluctant because I was so passionate about education and my children were still at school.”

Things changed when Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, visited the Ikanyegeng Primary and High School in Jacobsdal – where she was a teacher – to deliver a motivational talk. Middleton approached Prof Jansen about a bursary. The next year, with the support of her family, she moved to Bloemfontein and stayed on campus studying for two degrees.

“For me it was a major step of faith because we were relying on my salary and I had to give that up to study, so we had to believe there is something bigger beyond the three-year period.”

Something bigger definitely awaited. Her study record of the last three years reflects a dedicated student who passed most of her subjects with marks higher than 80%.

With her new qualification, Middleton will follow a career in agriculture and farming with her husband. ”I am still passionate about education, but now I am passionate about educating farmers to assist with the land reform process. Land reform is crucial for food security in our country and at the moment we need more success stories of black farmers moving from emerging to commercial farming. I believe that whatever you studied in life should not be wasted.”

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