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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 the only university in South Africa with a P-rated history researcher

2016-12-13

Dr Daniel Spence has been earmarked by the NRF
to become a future international leader in his field
of expertise.
Photo: Supplied

The University of the Free State (UFS) is the only university in South Africa with a P-rated History researcher. Dr Daniel Spence, a postdoctoral Research Fellow at the International Studies Group (IGS), and a member of the Vice-Chancellor’s Prestige Scholar’s Programme at the UFS, was last week awarded a National Research Foundation P-rating by the National Research Foundation (NRF). Dr Spence is the first South African historian to achieve this honour.

Leader of the pack
P-ratings are given to young researchers, usually under the age of 35, who have the potential to become leaders in their field. Researchers in this group are recognised by all, or the overwhelming majority of, reviewers as having demonstrated the potential to become future international leaders.

The rating is awarded on the basis of exceptional research performance and output from their doctoral and early postdoctoral research careers.

Other researchers from the UFS who obtained P-ratings in the past, are Prof Lodewyk Kock (1986), Prof Zakkie Pretorius (1989), and Prof Robert Schall (1991).

Extraordinary achievement lauded
“It is an extraordinary achievement. There are fewer P-ratings, than there are A-ratings,” said Prof Neil Roos, associate professor at the ISG. Prof Roos said the P-rating was seldom awarded to researchers within the field of Humanities.

As a member of the ISG, Dr Spence’s research has flourished under the guidance of Prof Ian Phimister. Much of the success of this group is due to the way it operates as an incubator for high-level research, with scholars collaborating with each other.

In addition to Dr Spence’s magnificent P-rating, the ISG currently has three C1-rated researchers (established researchers with a sustained recent record of productivity in their field) and two Y1-rated researchers (researchers 40 years old or younger, who are recognised by all reviewers as having the potential to establish themselves as future leaders in their fields).

“From the time Dr Spence wrote his doctoral thesis on the colonial history of the Royal Navy, he has expanded his field of expertise so that he can address imperial and global histories of race,” said Prof Roos.

Demonstrated research excellence
Dr Spence secured a postdoctoral Research Fellowship at the UFS to develop an African case study to augment his Asian and Caribbean research thesis into a monograph. In March 2013, Dr Spence won a three-year NRF Postdoctoral Innovation Scholarship, and learned Kiswahili ahead of archival research in Kenya and Tanzania from April to May of that year. He has conducted archival and oral research in Singapore, Malaysia, Hong Kong, Australia, Kenya, Zanzibar, the Cayman Islands, Trinidad, and the UK.

Internationally renowned
Dr Spence is the author of two monographies, the Colonial Naval culture and British imperialism, 1922-67 and A History of the Royal Navy: Empire and Imperialism. He has been invited to present papers and chair panels at over 20 international conferences, workshops and seminars.

The NRF rating system is a benchmarking system through which individuals who exemplify the highest standards of research, as well as those demonstrating strong potential as researchers, are identified by an extensive network of South African and international peer reviewers.

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