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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

UFS celebrates Kagiso Trust’s 30 years of commitment to the empowerment of impoverished communities

2015-07-15

From the left are: MEC Tate Makgoe, Free State Department of Education; Busi Tshabalala, Thabo Mofutsanyana Education District Director; Dean Zwo Nevhutalu, Kagiso Trust Trustee and UFS Director of Community Engagement, Bishop, Billy Ramahlele.
Photo: ?Thabo Kessah

Future sustainable partnerships in education will survive only if all partners are committed, honest, and transparent.

This is the view expressed by the Free State MEC for Education and UFS Council member, Tate Makgoe, during the panel discussion at the Qwaqwa Campus of the University of the Free State celebrating Kagiso Trust’s 30 years of commitment to the empowerment of impoverished communities. The topic was “The future partnership models for education in Africa”.

“Over the years, the partnership between the Free State Department of Education, the UFS, and Kagiso Trust has helped to expose the potential in our mainly rural children in the Qwaqwa area of the Thabo Mofutsanyana district,” said Makgoe.

”When we started in 2009, the matric pass rate in the district was 64%, and this rose to 87% in 2014. In Qwaqwa alone, we have managed to build 51 computer and 26 physical sciences laboratories. It was these laboratories that enabled the Free State to be the best performing province in the Physical Sciences in 2013,” added Makgoe.

“None of these achievements would have been possible if all the partners had not been committed to the course. Partnerships built on honesty and transparency are the best model, which we hope to export to other provinces and, indeed, countries,” Makgoe said.

Representing the UFS on the panel was the Director of Community Engagement, Bishop Billy Ramahlele, who added that collaborations can be successful only if the leadership was exemplary.

“As the university, we have had many collaboration with various government departments, and great strides have been achieved only with the Department of Education under the leadership of MEC Makgoe,” said Ramahlele.

”With the MEC on board, the UFS ended up dedicating its South Campus in Bloemfontein to supporting Free State schools. We now have 70 schools that benefit from live television broadcasts of lessons by some of our outstanding academics. This also enables our best academics to make a valued contribution to empowering our teachers. It also allows the university to maximise scarce resources to attain social cohesion,” he said.

In his remarks, Kagiso Trust Trustee, Dean Zwo Nevhutalu, said that Kagiso Trust was looking forward to continue working with its partners to maximise outcomes through limited resources.

“Kagiso Trust will continue to work with the poor and the marginalised and there is no better partner than the government itself. The government provides basic services, and education is one of them. This allows us to be innovative and not just dump books and equipment at schools because we are forced to by our corporate social investment obligations. Therefore, we challenge the government also to be innovative in building a sustainable future partnership model in education,” he said.

Among the dignitaries attending the panel discussion were Kagiso Trust Chairman, Dr Frank Chikane, and the late Dr Beyers Naude’s family.

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