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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

Lecture by Judge Albie Sachs: ‘Sites of memory, sites of conscience’

2015-03-23

Judge Albie Sachs

Human rights activist and former Constitutional Court Judge, Albie Sachs, will deliver a public lecture on the Bloemfontein Campus. The topic of his discussion will be ‘Sites of memory, sites of conscience’. This lecture will form part of a series that focuses on how the creative arts represent trauma and memory – and how these representations may ultimately pave the way to healing historical wounds.

The details of the event are:
Date: Thursday 26 March 2015
Time: 12:30
Venue: Albert Wessels Auditorium, Bloemfontein Campus
RSVP: Jo-Anne Naidoo at Naidooja@ufs.ac.za
A South African Sign Language interpreter will be present at the event.

Joining Judge Sachs on stage as respondent will be Dr Buhle Zuma, a young scholar and lecturer at the University of Cape Town's Psychology Department.

Expressing experiences of trauma
Judge Sachs is no stranger to the use of the arts as a way of expressing the inarticulable and overwhelming experiences of trauma. Targeted as an anti-apartheid freedom fighter, he lost his right arm and was blinded in one eye in a car bomb attack in 1988. As a judge of the Constitutional Court, he spearheaded conversations about the role of the arts in our constitutional democracy. This has led to the installation of some of the best artworks by South African artists at the Constitutional Court.

Vice-Chancellor’s Lecture Series on Trauma, Memory, and Representations of the Past
This lecture will launch of the Vice Chancellor’s Lecture Series on Trauma, Memory and Representations of the Past. It forms part of a five-year research project led by Prof Pumla Gobodo-Madikizela, funded by the Mellon Foundation. The event is hosted by the UFS Trauma, Forgiveness and Reconciliation Studies.

“One of the most remarkable aspects of trauma,” Prof Gobodo-Madikizela says, “is the loss of language, a moment of rupture that produces what some scholars have referred to as ‘speechless terror’. The arts, in all its forms – literary, performance, and visual – are a viable mechanism through which the unspeakable, traumatic past may be represented.”

These artistic forms of representing trauma are at the heart of this Vice-Chancellor’s Lecture Series. “We are interested not only in how experiences that transcend language are represented through the arts,” Prof Gobodo-Madikizela explains, “but also in probing the limits of trauma theory, and how the creative arts might be employed to bear witness in a way that may open up the possibility of healing.”

Dr Buhle Zuma
Former Mandela Rhodes scholar and one of the 2011 Mail & Guardian’s 200 Young South Africans, Dr Zuma is particularly interested in issues at the heart of our rainbow nation. His current research revolves around the question of freedom: what it means to be human for black people after centuries of dehumanisation, and the role of desire and fantasy in the political imagination of post-apartheid South Africa.

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