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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

Small things matter

2017-01-17

Prof Felicity Burt (right) and Dr Dominique Goedhals
from the Department of Medical Microbiology and
Virology at the University of the Free State.
Photo: Anja Aucamp

The newly established virology section at the University of the Free State (UFS) boasts world class expertise. Not only are they one of just five laboratories in the country tasked with specialised HIV testing, but current research generates publications and subsidised funding.

The driving force behind this initiative is passionate and dedicated people who invest long hours into vital research. One such person is Prof Felicity Burt, who eloquently guides her students while making impressive progress within her own field of interest: vector-borne and zoonotic diseases. Prof Burt was recently awarded a research chair (2016-2020) to, among other areas, investigate medically significant vector-borne and zoonotic viruses currently circulating.

That means that her research focus is mainly on viruses transmitted by mosquitoes and ticks, and viruses transmitted from animals to humans. “Yes,” she laughs, “I catch mosquitoes and check them for viruses.”

Becoming familiar with different viruses
As if big screen moments like Outbreak and Contagion did not create enough virus paranoia, the world was recently bombarded by real world Ebola and Zika outbreaks. But awareness, Prof Burt says, is not a bad thing. “Years ago, when people heard that I did Ebola research, they got that distant look in their eyes, and changed the subject. One outbreak later, backed by many media reports, and Ebola is almost a household name. The same goes for the recent Zika virus outbreak in South America.”

The more familiar people become with these types of viruses, the better, Prof Burt feels. However, getting the right message across is not always that easy. The Zika virus outbreak, for example, was a very large outbreak and therefore presented large numbers of affected people. Generally, not everyone infected with an arbovirus will necessarily present with symptoms. But because vector-borne viruses can spread to new areas, surveillance and awareness is important. Here in Bloemfontein, Prof Burt and her team are establishing surveillance programmes.

Gaining knowledge and preventative measures
So, next time you get all wound up about a “biological disaster”, rest assured that competent people like Prof Burt and her colleagues continuously scan the environment to gain knowledge and develop preventive measures should any risks be looming. For example, developing next-generation vaccines that are very effective, but without risk – since they are not built on the virus itself, but only on the part of the virus that will induce an immune response.

Currently, Prof Burt is also looking into the relationship between the Sindbis virus and arthritis. It is clear that we can expect many exciting findings from the UFS’s new virology unit.

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