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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 researcher fills void in South African policing history

2017-01-02

Currently a Postdoctoral fellow in the International
Studies Group, Dr Cornelis Muller’s PhD thesis explores
late nineteenth century South African policing on the
Witwatersrand.
Photo: Rulanzen Martin

“I used policing on the Witwatersrand as a lens through which to examine aspects relating to state formation within the South African Republic.”

This is how Dr Cornelis Muller, a postdoctoral fellow in the International Studies Group at the University of the Free State (UFS), described his PhD thesis called Policing the Witwatersrand: A history of the South African Republic Police, 1886-1899. The thesis fills an empirical void in the history of settler colonial policing in South Africa.

His research was also featured in the South African Historical Journal, which is published by Routledge. Dr Muller received his PhD from the UFS during the 2016 Winter Graduation ceremonies. He received a scholarship from the university to conduct his three-year research.

Relationship between police and state examined
The study presents itself as an institutional biography in which the relationship between the South African Republic Police (known as the Zarps), the state, and broader society are examined. The period under investigation was a time when political, economic, and social complexities on the Witwatersrand created tension between South Africa and Great Britain.

An important theme throughout the thesis is the relationship between the police, the mining industry, and the so-called Uitlander community. Crime was also an important contributing factor to the complex relationship that developed between the Zarps and the policed in Johannesburg’s formative years.

“Johannesburg was a town under siege by a variety of crimes which ranged from vagrancy, drunkenness, gambling, and prostitution to robbery, murder, and assault,” said Dr Muller.

Archives in South Africa and Great Britain consulted
“My thesis follows a chronological approach in which various themes accounting for the development of the police on the Witwatersrand are highlighted.” Framed within the bureaucratic and administrative functioning of the Zarps, he examined aspects relating to crime, crisis, and conflict between the police and society. The thesis also details the relationship between the police and Johannesburg’s black community.

As with any historical research, it comprised internal and external source criticism and content analyses of a wide range of archival records.

Dr Muller had the opportunity to visit several archives and libraries in South Africa and Great Britain. “Some of the more important archival collections were assessed at the National Archives in Pretoria.” These included the Archive of the State Attorney and the Archive of the Magisterial District of Johannesburg.

“My study thus adds to scholarship that seeks to provide a more nuanced understanding of the South African Republic’s administrative functioning and internal politics in the late nineteenth century,” concluded Dr Muller.

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