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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

Service learning teaching strategy essential for the infusion of graduate attributes

2017-01-02

Dr Pulane Pitso, Director: Institutional Performance
Monitoring within Performance Monitoring and Evaluation
Branch in the Department of the Premier, Free State
Provincial Government (FSPG).
Photo: Rulanzen Martin

“Public service delivery is not only about ‘government’s sector end products’, but is also fundamentally related to the ways in which the citizens can be best served at the point of client interface, as the primary beneficiaries.”

It is against this backdrop that Dr Pulane Pitso’s study explored the role of Higher Education Institutions (HEIs) in infusing the curriculum with graduate attributes for improved service delivery. The study is entitled: Community service learning as a transformative tool for infusing the university curriculum with graduate attributes for improved service delivery.

Citizens the central focus in public-service delivery
Although with the advent of democracy, the South African public service introduced the Batho Pele “people first” initiative which is one of the key transformation-oriented initiatives to ensure that citizens are the central focus in public service delivery. An extant literature indicates that more work by the government still needs to be done in terms of the institutionalisation and implementation thereof.

Notwithstanding that public service is primarily responsible for addressing challenges related to poor service delivery, Dr Pitso moved from a premise that a multifaceted and collaborative approach, underpinned by a concerted effort by all relevant sectors, is more likely to contribute significantly towards improving service delivery. Specific focus was given to sectors primarily mandated to lay foundations through training and development such as HEIs, since the nature and quality of public service largely depends on the nature, quality and relevance of the system of education.

CSL a transformative teaching strategy
The basis for her thesis, emanated from the contention that public service delivery is a dynamic process which cultivates into a citizen-government relationship.

“It is this relationship that makes the implementation of the Batho Pele initiative crucial in ensuring that the social fabric and moral character of government is not compromised, thus the sustainability and facilitation of the emerged relationship,” Dr Pitso says.

The study focuses on the notion of community service learning (CSL) as an increasingly recognised transformative teaching strategy. It transcends lecture halls and utilises communities as educational spaces to provide practical exposure to real-life experiences to students on both learning and serving the communities.

Instilling graduate attributes in students
Dr Pitso’s thesis, which was predominately qualitative in nature, comprised two main stages. The first stage of the study focused on determining the current state of the public service in terms of the implementation of the Batho Pele principles. Whereas with the second stage, the focus was on determining the extent to which the graduate attributes are instilled in students by means of an exit-level CSL module at the UFS.

Dr Pitso’s thesis, which was awarded to her on 30 June 2016, is the product of five years of hard work, commitment and perseverance. She said it would not have been realised if it had not been for the leadership and mentorship of her promoter, Prof Mabel Erasmus, and co-promoter, Prof Victor Teise.

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