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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

Translation Day Seminar

2007-10-22

Subverting the West? Engaging language practice as African interpretation.

With the above-mentioned title in mind, about 30 people gathered at the Main Campus of the University of the Free State (FS) in Bloemfontein for a Translation Day Seminar. The day was attended by academics, language practitioners, government departments, students, and other stakeholders in language practice.

Prof. Jackie Naudé, the Programme Director for the Programme in Language Practice at the UFS, gave a short historical overview of developments in research and training in language practice of the past decade. He argued in favour of a socio-constructivist approach to teaching and research in language practice. His point was that students need to be given the opportunity to engage with the complexities of real-life problems, specifically the complexities of the African context.

Dr Kobus Marais, Senior Lecturer in Translation Studies at the UFS, gave an overview of the state of the art of translation research. This meant that language practitioners are agents in communication, not mere conduits of meaning. He argued that translators’ agency implied that they have to make informed choices, the most important of which is whether to indigenise or foreignise when translating. He developed wisdom as a notion in translation, indicating that translators need to be wise to interpret their context and translate in such a way that (Western) ideology does not ride piggy-back on their translations into the African target culture.

Prof. Joan Connoly, Associate Professor in the Centre for Higher Education Development at Durban University of Technology (DUT), took the audience on a breathtaking journey on the topic of oral knowledge. Her presentation showed examples, both European and African oral knowledge and had a clear message for language practitioners: What can Africans learn from the Western mind? Her answer: "Africans can learn how easy it is to loose one’s oral knowledge base. Africans can look at the West and see what the consequences are when a culture loses its oral-based knowledge. Language practitioners have it in their power to consider this possible loss and do something about it."

Lastly, Ms Lolie Makhubu, Head of the Department of Language and Translation at DUT, spoke about enticement in interpreting to use loan words to impress either the audience or peers or clients. Her argument boils down to the interpreter’s attitude towards African culture and language. If Western culture is regarded as higher than African culture, interpreters will be tempted to boast their knowledge of Western culture by means of their choice of words. However, if interpreters are “Proudly South African”, as she put it, they have not need for showing off by using loan words.

Dr Kobus Marais (Senior Lecturer in Translation Studies at the UFS) during the seminar.
Photo (supplied)

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