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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

Researcher transforms despair into diamonds
2016-01-18

PhD candidate, Lerato Machetela and some members of the group Diamonds in the Rough having some fun between rehearsals.

Awash in hopelessness, substance abuse, violence, and sexual promiscuity. This is the lived reality of the youth in Jagersfontein. But now Lerato Machetela is using her research to change it.

As a PhD candidate in Trauma, Forgiveness, and Reconciliation Studies at the University of the Free State (UFS), Machetela assembled a group of 14 young men – ranging between the ages of 9 and 18 – who call themselves Jagersfontein’s Diamonds in the Rough. Combining elements from psychology, education, and entertainment, Machetela has established a platform that grounds these young ones adrift in circumstances. By means of song and dance, these young ones have become grounded through creativity.

While discussing what it means to be free in the new South Africa, Machetela asked the group to come up with a song similar to the struggle song, ‘Nelson Mandela usi litheli ixolo’.

Jagersfontein’s Diamonds in the Rough Researcher, Lerato Machetela, combines psychology, education, and entertainment to ground local youths through creativity.

The result: He’s a teenager, but he drinks Hansa.

“This then developed into a dance routine depicting what the youth is doing with their freedom,” Machetela says. With each beat of their boots and rhythmic clap of their hands, the group illustrates the ways in which the youth has constructed – and come to understand – their daily realities. “The routine includes the expression of alcohol and drug abuse, and ends of with the importance of education.”

Through the creative expressions of Diamonds in the Rough, Machetela is able not only to explore the reality of the youth in Jagersfontein, but also to investigate intergenerational trauma. “I am looking at whether there is a relationship between these young people’s current circumstances and the experiences of their parents’ generation during the apartheid years. That is, what sort of meanings do they construct as young, black South Africans growing up in the new South Africa?”

What started off as a research project is now rippling beyond academic spheres, though. The Free State Department of Sport, Arts, Culture and Recreation has taken note of this initiative. As a result, the group has already performed at the Bloem Show, International Museums Day, and Heritage Day celebrations, as well as at the Mangaung African Cultural Festival (MACUFE).  

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