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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

International speakers discuss diversity

2014-02-11

Dr Charles Alexander from UCLA
Photo: O'Ryan Heideman

International and local experts recently gathered on the Bloemfontein Campus to deliberate over the topic of diversity.

Student participation and mobility dramatically increased in higher education worldwide. Cultural, political, economic and social factors on a national and global scale, have brought the reality of diversity into the operational spaces of Higher Education Institutions. These challenges are not exclusive to South Africa, though. In the Netherlands and USA, universities are also challenged by the demands of an increasingly diverse student population.

Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, acted as one of the keynote speakers during a two-day colloquium hosted by the Institute for Reconciliation and Social Justice. In an impelling address, Prof Jansen argued that change cannot be affected on a university campus if the surrounding community does not change as well. He also noted the spread of a culture of silence surrounding issues of misbehaviour. He urged that we need to find courage again to speak out. From the level of government, media and churches to the private spaces of our homes, we have to co-create an environment of care.

This message closely tied in with that of Prof Shirley Tate’s from the University of Leeds. In her keynote, she asserted that mere tolerance of someone different from you can lead to even more alienation. The path to true reconciliation is grounded in the intimacy of friendship. Friendship and empathy lead to trust and transcend racism.

Another keynote speaker from abroad, Dr Charles Alexander from the University of California, delineated a model for inclusive excellence. He explained that the major problem of true transformation is not due to a lack of ideas, but in the implementation thereof. “Realities of implementation short circuit the change process,” he said. He explained how campus environments can adapt in order to support and enhance lasting inclusivity.

We have to become complicit in the process of transformation, Prof Dr Ghorashi, Professor of Diversity and Integration at the Vrije Universiteit Amsterdam, conveyed. Linking up with the issue of silence, she demonstrated the power of speaking out, using examples from her extensive research among victims of violence. It is imperative, she maintains, that for transformation to materialise, we need to create safe spaces in which we can share our vulnerabilities.

Footnote: Due to unfortunate circumstances, both Prof Dr Ghorashi and Prof Shirley Tate could not personally attend the colloquium as planned. Their respective keynotes were read to the audience on their behalf.

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