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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 produces an inspirational Summer Graduation

2016-12-12

Dr Ferial Haffajee, editor-at-large at The Huffington
Post SA, who was conferred with an honorary doctorate,
and Dr Khotso Mokhele, the Chancellor of the
University of the Free State at this year’s Summer Graduation.
Photo: Eugene Seegers

“A graduation ceremony epitomises every student’s academic dream and pursuit, and allows you to look back as you enter the professional career of your choice.”

These were the words of guest speaker Dr Mafu Rakometsi, Chief Executive Officer of Umalusi, that resonated through the Callie Human Centre at this year’s Summer Graduation on the Bloemfontein Campus. He mentioned that today graduates would look back at a journey that started with hesitant steps, and despite all their ups and downs, they had managed to make it this far.

During the afternoon session, Prof Lis Lange, Vice-Rector: Academic, at the University of the Free State (UFS), said that graduations were always an occasion for celebration and this year, there were two reasons for these celebrations.

“The first is simply that we made it through a difficult 2016 and the secondly because we are celebrating two crucial professions that will attribute to the well-being of this country, namely teachers and health practitioners.”

Meaningful graduation ceremony for Ferial Haffajee

This year, the UFS had the privilege and honour to confer editor-at-large at The Huffington Post SA, Ferial Haffajee, with an honorary doctorate in the Faculty of the Humanities.

Speaking after the graduation ceremony, Dr Haffajee said, “It was really, really meaningful for me, because I’ve never been able to graduate. When I finished university, it was during the struggle against apartheid, so we didn’t graduate. It was a wonderful day and wonderful to see the role that young people are playing on this campus.”

“Dr Ferial Haffajee has made a significant contribution to press freedom in South Africa. She is known both nationally and internationally for the work she has done and therefore it is an honour to welcome her as a Kovsie. She is one of the people who represent the values of the UFS. We are proud of her and we wish her great success,” said Prof Milagros Rivera, Head: Department of Communication Science and acting Dean of the Faculty of the Humanities at the UFS.

Photo: Johann Roux

Inspiration drawn from graduation ceremonies

During his address, Dr Khotso Mokhele, the Chancellor of the UFS, made special mention of many that inspired him at the graduation ceremonies.

His inspirations included Dr Ambrotius Swartbooi, who suffered a spinal injury from a near-fatal car accident which left him paralysed and a quadriplegic, yet who still managed to receive his doctorate; Setsoane Ntseki, a matriculant with poise and an incredible voice, who delivered the song item; Judge Ian van der Merwe, Chairperson of the Council at the UFS and a close friend of Dr Mokhele, with whom he worked for many years; as well Dr Haffajee, a trail-blazer that many look up to.

Damian Viviers was recognised as one of the youngest PhD graduates in the Faculty of Law, where he received a PhD in Mercantile Law. He is a research fellow in the Department of Mercantile Law, and was recently appointed as candidate attorney in the commercial department at Phatshoane Henney Attorneys.

In closing, his message to the class of 2016 was simple, that even though the world and our country may find itself in an odd space now, the graduates needed to remember that even though they would become leaders, there was always something bigger than themselves.

“Go out there and do us proud. Come back and plough back into this institution not only with your money, but your skills and time too.”

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