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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

'Structures of Dominion and Democracy' by David Goldblatt at the Johannes Stegmann Art Gallery

2015-08-03

Photograph by David Goldblatt, On August 16 2012 South African Police shot striking mineworkers of the Lonmin platinum mines, killing 34 and wounding 78 within a radius of 350 metres of this koppie, where the men used to meet. Seventeen of the men, seeking shelter among boulders from police fire, were shot with seemingly lethal intent, some with their hands up in surrender, none were given medical assistance for their wounds. Beyond is the Lonmin smelter, which stood idle during the strike. Marikana, North-West Province, 11 May 2014.

The University of the Free State, in partnership with the Goodman Gallery, presents the exhibition, 'Structures of Dominion and Democracy', by renowned South African photographer David Goldblatt.

This exhibition, which runs from 13 July to 7 August 2015 on the Bloemfontein Campus, is dedicated to the series, “Structures”, one of the major bodies of works by Goldblatt. For over three decades, Goldblatt has travelled South Africa, photographing sites and structures weighted with historical narrative: monuments, private, religious and secular, which reveal something about the people who built them. These sites allow us a glimpse into the everyday. Each place is a repository, a landscape containing an epic story that has involved whole communities: the experience sometimes told through the memorialising of remarkable individuals.

The exhibition, Structures of Dominion and Democracy, traverses two distinct eras in South Africa history. As Goldblatt explains: "Over the years, I have photographed South African structures, which I found eloquent, of the dominion which Whites gradually came to exert over all of South Africa and its peoples. That time of domination began in 1660 when Jan van Riebeeck ordered a cordon to be erected of blockhouses and barriers that would exclude the indigenous population from access to the first European settlement in South Africa and its herds, lands, water, and grazing. The time of domination ended on the 2nd of February 1990, when, on behalf of the government and the Whites of South Africa, President FW de Klerk effectively abdicated from power. Beginning in 1999 and continuing to the present, I have photographed some structures that are eloquent of our still nascent democracy. In the belief that, in what we build we express much about what we value, I have looked at South African structures as declarations of our value systems, our ethos.”

Johannes Stegmann Art Gallery, UFS Sasol Library
University of the Free State
206 Nelson Mandela Ave
Bloemfontein

Gallery hours:
Monday to Friday 08:30 – 16:30

Entrance: Free
Enquiries: 051 401 2706, dejesusav@ufs.ac.za

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