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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

Suspension of the South African Doping Control Laboratory (SADoCoL) by the World Anti-Doping Agency (WADA)

2016-05-04

The senior leadership of the UFS and the management of the South African Doping Control Laboratory (SADoCoL) take note of the decision by the World Anti-Doping Agency (WADA) to suspend the laboratory’s accreditation to perform doping control analysis on biological samples of athletes and sportsmen and -women until 30 September 2016. During this time of suspension, all sport-related samples will be sent for analysis to the WADA accredited laboratory in Qatar until the accreditation of SADoCoL is re-established. Analysis according to WADA accreditation will therefore not be interrupted during the period of the suspension of the accreditation of SADoCoL.

The announcement by WADA on 3 May 2016 follows a voluntary decision by SADoCoL in March 2016 to temporarily close the laboratory for some of its routine analytical duties for six months, as from 1 April 2016. The decision was taken in consultation with the senior leadership of the UFS and other role players, especially the Department of Sport and Recreation of South Africa (SRSA) and the South African Institute for Drug-Free Sport (SAIDS). SADoCoL is a specialised service laboratory of the University of the Free State (UFS) and has been in existence for more than thirty years.

Due to the ever-increasing demands on the number, variety and analytical sensitivity of compounds to be analysed according to the Prohibited List of WADA, technical and infrastructure adaptations need to be implemented in the laboratory continuously to keep up with the demands. Over the last year, SADoCoL has drastically increased its capacity in both personnel and infrastructure, to a point where these changes can be implemented for optimal performance of the laboratory. This has to be done while normal routine analysis continues, and it became clear that at present, implementation cannot be successfully accomplished together with the workload from normal routine analyses.

The time of suspension will be utilised to implement and test these new systems in order to achieve the standard presently required by WADA, as well as to perform development and improvements. This development will be performed in close collaboration with other role players in the anti-doping movement in South Africa, such as SAIDS and SRSA. Scientific development aid will also be acquired from other doping control laboratories worldwide in order to assure that the high analytical quality is maintained and expanded to meet the fast growing challenges in this field. The progress of the process will be closely monitored, and the upgraded methodologies will then, after rigorous testing, be implemented to ensure that the required analytical quality is maintained so as to obtain re-accreditation by WADA at the conclusion of the suspension period.

Issued by: Lacea Loader (Director: Communication and Brand Management)
Telephone: +27(0)51 401 2584 or +27 (0) 83 645 2454
E-mail: news@ufs.ac.za
Fax: +27 (0) 51 444 6393

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