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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

The book on ‘Reitz’ still not closed

2016-08-12

Prof André Keet, Director: Institute for Reconciliation and
Social Justice (IRSJ) with the authors of Transformation
and Legitimation in Post-apartheid Universities: Reading
Discourses from ‘Reitz’, JC van der Merwe and
Dionne van Reenen.

A new IRSJ book tackles issues of transformation.

Transformation and Legitimation in Post-apartheid Universities: Reading Discourses from ‘Reitz’ is the first in a series on critical studies in higher education transformation from the Institute for Reconciliation and Social Justice (IRSJ). In his introduction to this series, Prof André Keet, Director: Institute for Reconciliation and Social Justice (IRSJ), highlights why a scholarly work of this nature was necessary: “Acts of resistance against structurally-anchored forms of exclusion within universities in both South Africa and elsewhere suggest that, despite our best efforts, the social structure of the academy … has remained more or less intact over the past several decades.” The book was recently launched during the fifth anniversary reflections of the IRSJ.

Transformation and Legitimation in Post-apartheid Universities: Reading Discourses from ‘Reitz’ explores and expands on the landmark “Reitz” incident. The authors, JC van der Merwe, Deputy-Director at the Institute for Reconciliation and Social Justice (IRSJ) and Dionne van Reenen, researcher and PhD candidate at the IRSJ, offer insights on how this incident and the events surrounding it represent a recurring pattern that continues to underpin many processes in post-apartheid South Africa.

Prof Jonathan Jansen, Chair of the Advisory Board of the IRSJ, and Vice-Chancellor and Rector of the UFS, says of the authors: “The courage of their convictions is reflected in this book. They have played, and will continue to play, an amazing role in shaping the discourse around transformation.”

Jamie Turkington, former editor of the IRAWA Post during the time of the ‘Reitz’ incident and facilitator during the five-year anniversary function, says: “This book will be beneficial for every student and every person involved in the University of the Free State since 1980 till now to read and absorb the valuable points therein. If you thought Reitz was over, it shouldn’t be; it is as relevant today as ever.”

"If you thought Reitz was over..."

Turkington adds that the book will serve as a “worthwhile conversation starter at UFS”, raising such questions as:
• How much legitimacy was the UFS able to acquire internally, within the university community, as well as in society at large?
• How do we chart a way forward from here?
• How do we keep the progress going?

As the book itself says: “Reitz serves as a reminder to higher education practitioners that our humanity is fragile in terms of who we are and what we can achieve. Transformation and legitimation, and the way higher education institutions handle these going forward, promises to be seminal in the foreseeable future of the sector.”

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