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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

FF Plus court case against UFS withdrawn

2007-10-23

The University of the Free State (UFS) is pleased to announce that a Supreme Court application to have the racial integration of its student residences set aside has been withdrawn unconditionally by the Freedom Front Plus (FF+). The political party has offered to pay the assessed costs of the UFS.

The Rector and Vice-Chancellor of the UFS, Prof. Frederick Fourie, welcomed this decision by the FF+, saying all energy should now be focused on making a success of this very important nation-building initiative in the student residences. “We have been convinced all the time that we had followed a fair and inclusive consultation process which led to a thorough and well-considered decision by the Council,” he said.

The decision to integrate student residences as from January 2008 was approved by the UFS Council on 8 June 2007. This last decision was confirmed by the Council – which is the highest decision making body at the UFS - on 14 September 2007 with an overwhelming majority, with only one vote against.

“There is now no legal obstacle to student participation in the work being done to implement Council’s decision. In fact I want to urge all students in our residences to play an active role in implementing Council’s decision,” he said.

According to Prof. Fourie much work has been done in preparation for the intake of first-years into the residences in January 2008.

Since the initial decision of 8 June 2007, the Vice-Rector: Student Affairs, Dr Ezekiel Moraka, has been leading a team of staff members and student representatives who are doing work in various sub-task teams.

“One of the main reasons for working in this way through sub-task teams, is to ensure the widest possible participation of the affected students in the implementation of the Council’s decision,” said Prof. Fourie.

These sub-task teams are working on aspects of residence life in order to make the racial integration of residences as successful as possible. These aspects of residence life include, among others:

governance structures
traditions and character of residences
diversity education and training
security
placement and recruitment

“This list is not exhaustive, but merely to illustrate the kinds of areas being looked into. I would like to encourage all students in residences to make an input into the work of these sub-task teams through the primes, the Student Representative Council (SRC) or through the offices of the Dean or the Deputy Dean of Student Affairs.

“We have already begun to implement an interpreting service at the house meetings of three ladies residences, namely Emily Hobhouse, Roosmaryn and Vergeet-my-nie. From next year this service will be extended to other residences on the Main Campus,” said Prof. Fourie.

“In the light of withdrawal of the court case, I am appealing to all students in our residences, to join hands with fellow students and with management in creating a campus of respect and appreciation for all languages, cultures and backgrounds,” he said.

“We want our students to assist the UFS in successfully managing the rich diversity on this campus, particularly in its student residences, and in so doing become an example to South Africa of a truly non-racial, multi-cultural and multi-lingual campus, where students are appropriately educated for the workplace,” Prof. Fourie said.

Media release issued by:
Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za

23 October 2007

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