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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

Heidedal-based foundation and UFS host inaugural music concert

2015-12-04

ROC children rock in marimba music
Photo: Valentino Ndaba

Reach Our Community (ROC) Foundation in conjunction with the University of the Free State’s Odeion School of Music (OSM) held its first-ever music concert last month. Children who form part of the foundation’s Afterschool Care programme showed their impressive music skills to their parents and guardians in attendance.

ROC provides support to orphaned and vulnerable children from early childhood through to adolescence in the Heidedal community in Bloemfontein. The foundation strives to address the challenges resulting from factors such as poverty, unemployment, HIV/Aids, single parenting, lack of guardianship, and physical and sexual abuse. In the Afterschool Care programme, the children engage in educational, cultural, and recreational activities.

Going the extra mile

Since 2008, the UFS has successfully partnered with ROC through service learning and community engagement in which students from across all seven faculties participate. Two Music Education and Practice students from the OSM took it upon themselves to continue after their curriculum requirements were met.

Amy Viljoen- now a final-year BMus student, together with fellow student, Petre du Plessis, and their lecturer and programme coordinator, Gerda Pretorius, established the music class project in Heidedal in 2014. The students embarked on weekly trips to ROC, and would spend an hour working on the recorders and marimbas with children from ROC.

This year, Viljoen and Kara-Lynn Crankshaw, a final-year BA Music student, spent eleven months teaching the children music practice and theory, culminating in a concert that both the community and students can be proud of.

“I wanted to do something that was not only meant for educational purposes, but to give back to the community,” said Viljoen.

After having to gather extra chairs because of the influx of community members at the ROC hall, the founder, Patrick Kaars, said he had not expected such a turn-out. “It exceeded my expectations, and it was a dream come true. It meant so much to the children to be exposed to music, and to explore their own capabilities and talents.”

More children will learn how to play other instruments. Currently, the instruments used for the children’s training were purchased second-hand in order to cut costs. New music education specialists, who will join the programme in 2016, will also work with Pretorius to gather additional equipment, and compile learning material.

Kaars is also thrilled about the potential expansion to the music group, now that the concert has become an annual event. The OSM is also in the process of establishing a Centre for Music Development at ROC.

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