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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

Universities now public spaces to exercise citizenship

2016-08-30

Description: Prof Lis Lange critical conversation Tags: Prof Lis Lange critical conversation

Prof Lis Lange believes universities have a critical
role to play in advancing democracy.
Photo: Thabo Kessah

In an attempt to promote common understanding on governance, leadership, and management processes at the University of the Free State (UFS), the Institute for Reconciliation and Social Justice (IRSJ) recently hosted a critical conversation on the Qwaqwa Campus that was facilitated by Vice-Rector: Academic, Prof Lis Lange.

Prof Lange’s presentation firstly focused on the role that universities play, and the expectations thereof.

“From ancient history, universities have always had a critical role to play in the broader society,” she said. “They have always been characterised by the circulation of knowledge and ideas at a global level. They have always ensured that students’ skills and knowledge are properly certified.”

According to her, universities have changed quite a bit over the centuries.

“Historically, universities used to cater for the chosen few, but they now allow multitudes to have access as well. In the early 20th century, women and foreigners, for example, were excluded. How they relate to the society has also changed. They also used to create certain types of knowledge – at one stage this knowledge was influenced by the church. Research is now produced across a large spectrum of human and scientific knowledge,” she said.

Prof Lange also added that universities now even have a responsibility to advance democracy and to respond to societal needs.

“Despite the various tensions and contradictions between management and academic staff, between management and students, and between academic staff and students, universities are now public spaces to exercise citizenship. They provide space for all to have the right to speak and to be heard. They provide space for all to have similar rights and responsibilities,’ she said, while breaking down all the governance, leadership and management structures of the UFS.

The conversation was concluded with a question and answer session, with students mainly asking about internal UFS processes.

The session was well received by students.

“I really loved the conversation, which to me, was about breaking the walls between the management and students so as to achieve the goal of an effective university. We need more of these dialogues,” said Noxola Tshabalala, a BA Psychology student.

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