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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

Eugene de Kock, FW de Klerk and forgiveness – Prof Gobodo-Madikizela’s take on gestures of reconciliation

2015-02-06

What Prof Pumla Gobodo-Madikizela, Senior Research Professor in Trauma, Forgiveness and Reconciliation Studies at the University of the Free State, found over the years talking to Eugene de Kock, was a man tortured by his past. By the deeds he has committed.

“As a result he was confronting these – not as a cog in a machine – but as a person who actually did the deed himself,” Prof Gobodo-Madikizela said during an interview [https://soundcloud.com/primediabroadcasting/dr-gobodo-on-de-kock-parole] with Pippa Hudson on Cape Talk. A man taking personal responsibility.

Against the backdrop of De Kock recently granted parole, what, then, is the nature of forgiveness?

“Often people think when they forgive, you forgive and forget. That’s not the point,” Prof Gobodo-Madikizela says. “Forgiving, in fact, I found is the wrong word. We are using forgiveness for a range of responses. What I find useful in this kind of work is to think about how people change, how people are transformed. In other words, to think about our empathic connection to people who are our former enemies.” In other words: to reach a place where both parties can see each other as fellow human beings. “Somehow when a person expresses remorse – in the way Eugene de Kock has done – it opens a door for the different kinds of relationships to that traumatic past,” Prof Gobodo-Madikizela says.

In an article for the Sunday Times, Prof Gobodo-Madikizela refers to the motion to immortalise F W de Klerk by renaming Table Bay Boulevard after him. In this piece, she clearly points out that De Klerk is not without blood on his hands. She agrees with Mayor Patricia de Lille’s support of this tribute to De Klerk, though, when De Lille refers to ‘the spirit of reconciliation that Tata Madiba believed in’.

Justice Minister Michael Masutha – who granted De Kock parole – and De Lille “are right in evoking the memory of Nelson Mandela through these important gestures of reconciliation,” Prof Gobodo-Madikizela remarks. The need to return to Nelson Mandela’s vision, she adds, remains urgent.

Read Prof Gobodo-Madikizela’s full article, published in the Sunday Times, here.
For Prof Gobodo-Madikizela’s response to Eugene de Kock, FW de Klerk and reconciliation, read here.

For more information or enquiries contact news@ufs.ac.za

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