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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

Q and A with Prof Hussein Solomon on ‘Terrorism and Counter-Terrorism in Africa’

2015-05-29

Political Science lecturer, Prof Hussein Solomon, has launched his latest book, Terrorism and Counter-Terrorism in Africa: fighting insurgency from Al Shabaab, Ansar Dine and Boko Haram, on Wednesday 26 May 2015 at the UFS.

In his book, Solomon talks about the growing terrorist threat in Africa, with the likes of Al Shabaab, Ansar Dine, and Boko Haram exploiting Africa's vulnerabilities to expand their operations. Explaining both the limitations of current counter-terrorist strategies and possible future improvements, this timely study can be appreciated by scholars and practitioners alike.

Q: If you speak of Al Shabaab, Ansar Dine, and Boko Haram expanding operations, do you see possibilities for their expansion even into South Africa, or is expansion mainly focused on northern African countries?

A: All three movements are operating out of their respective countries. Al Shabaab has attacked Kenya and Uganda and tried to attack the 2010 Soccer World Cup in South Africa. So yes, there is a danger that they are here and, more importantly, newer groups like ISIS are recruiting in SA already.

Q: If the traditional military response is ineffective, what would be a better approach then?

A: What is important is that the force of arms needs to complement the force of ideas. What is being waged is an ideological battle, and, just as the West defeated Communism ideologically in the Cold War, we need to defeat radical Islamism ideologically. In addition, the military response needs to complement the governance and development responses.

Q: External players like the US have insufficient knowledge of the context, what would be the knowledge about context necessary for anyone concerned about the terror problem in Africa?

A: Allow me to give you some examples. The US trains African militaries to fight terrorist groups, but, when they return to their countries, they stage a coup and topple the civilian government. The US does not seem to understand that arming a predatory military and training them makes them more predatory and brutal, which results in civilians being recruited by terrorists, as happened in Mali. Similarly, the US sent arms to the Somali government, and members of that government sold those arms to Al Shabaab terrorists, the very people they were supposed to fight. So the Americans do not understand the criminalisation of the African state, which undermines good governance and promotes terrorism.

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