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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 Vice-Chancellor’s vision for 2016: R100 million before September

2016-03-03

At the official opening of the University of the Free State (UFS), held on 19 February 2016 on the Bloemfontein Campus, Prof Jonathan Jansen, Vice Chancellor and Rector, announced that his priority for the year is to raise R100 million. Deserving students who cannot afford to study will receive bursaries through the Student Bursary Fund Campaign.

Staff will also have the opportunity to contribute to the fund.

Prof Jansen thanked staff for their hard work in the midst of what he described as “by far the most difficult year for admissions, registration, accommodation, and student finance”. The heightened expectations of students after FeesMustFall and the limited capacity of the university to meet the desires of students took its toll on staff.

Because of the incredible strain taken by staff members, both emotionally and physically, the Vice-Chancellor gave staff the assurance that they will receive spiritual, emotional, and health support.

“Never before have I seen such dedication from all our staff to hold the university together in these trying times,” Prof Jansen said.

“Because of you, we have a record intake of first-year students into the UFS. We have had about 5 000 students on average in the past three years and, as of today, we are nearing 7000 first-years with the strong possibility that we will enroll several thousand more students, once the new South Campus registrations come on line later this year. By mid-2016, we will exceed our own target of 8 000 students,” said Prof Jansen.

He stipulated that it is not only good for the finances of the university but also for the youth of the country who can access a quality university in central South Africa where the safety of its staff and students is a priority.

Another highlight at this event was announcing Dr Christian Williams from the Department of Anthropology as the winner of the 2016 Distinguished Scholar Book Prize for his book, National liberation in postcolonial southern Africa: a historical ethnography of SWAPO’s exile camps.

Amidst the sad episodes of violence and destruction on campuses around South Africa, Prof Jansen highlighted how the UFS will – through a seven-point approach - manage the university during these difficult times:
1.   Doing everything within our capacity to meet the needs of staff and students
2.   Upholding the right to peaceful protest in our democracy
3.   Acting swiftly against any unlawful actions by students or workers
4.   Upholding the authority of the unions (only UVPERSU and NEHAWU)
5.   Finding humane and just solutions to the problem of outsourcing
6.   Not placing the UFS at financial risk by making irresponsible decisions
7.   Maintaining an open door policy.

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