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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.

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Students have a responsibility in SA, says Ntuli

2016-02-19

Description: 2016 SRC presidents Tags: 2016 SRC presidents

Lindokuhle Ntuli (left), President of the Student Representative Council (SRC) on the Bloemfontein Campus of the University of the Free State (UFS), and Paseka Sikhosana, president of the SRC on the Qwaqwa Campus, are in agreement about their vision for the UFS in 2016.
Photo: Johan Roux

You and I have a role to play in building the new South Africa built upon the Constitution of 1996.

These are the words of Lindokuhle Ntuli, President of the Student Representative Council (SRC) on the Bloemfontein Campus of the University of the Free State (UFS). They echo his and the SRC’s message of a “campus for all students, locally and internationally, irrespective of colour.”

Ntuli and Paseka Sikhosana, president of the SRC on the Qwaqwa Campus, were in agreement about their vision for the UFS in 2016.

According to Sikhosana, a well-known slogan accentuates a feeling of uniqueness at the university. “United in diversity. No wonder we say only a Kovsie knows a feeling,” he says.

“As the SRC, we believe that complete transformation on campus is through promoting a non-sexist, non-racial, but democratic student society that acknowledges diversity and change. That further promotes and embraces one student’s difference in terms of culture, tradition, religion, and sexual orientation.”

A new South Africa

Ntuli means students have a responsibility. He referred to a quotation from Frantz Fanon’s book, The Wretched of the Earth, to illustrate this. Fanon was a revolutionary and writer whose works are influential in post-colonial studies. “Every generation has a mission. It is the responsibility of every generation to discover its mission. Once you have discovered it, you have to fulfil it or betray it into relative obscurity,” Ntuli quoted.

According to him, the South African Constitution holds pious promises of a better life for all, and each citizen needs to help to achieve that.

SRC has open door policy

Ntuli says the UFS remains committed to human embrace, diversity, integration, and human togetherness. He added that the SRC has an open door policy, and will avail itself in helping students.

According to Sikhosana, it is the objective of the SRC to represent the student community in all interactions within the university and externally.

“There is nothing for us, about us, without us students,” he says.

• The above excerpts have been taken from Ntuli and Sikhosana’s respective welcoming speeches to first-year students on the Bloemfontein and Qwaqwa Campuses.

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