Lgbt rights in africa and the discursive role of international human rights law abadir m ibrahim adjunct professor, st thomas university school of law, miami, united states of america summary much of africa seems to be riding on a homophobic wave that is being billed as an african resistance to western attempts to force homosexuality on africa. However, violence and social discrimination against south african lgbt people is still widespread, fueled by a number of religious and political figures. Human rights council resolution passes 2319, with three abstentions. Unfortunately, there is a rise in the attacks against the lgbt community, especially lesbians.
Dec 05, 2011 human rights watch is a 501c3 nonprofit registered in the us under ein. Using largescale survey data gathered in the gauteng cityregion, this study examines public attitudes related to homosexuality. Organisations to bridge the gap between legal and social change in south africa. Outside of south africa, western advocacy of gay rights is often seen as a form of cultural imperialism. The main aim of the research was to gather insights on the level of discrimination against lgbt people in schools, in the health care system and in general.
Constitutional change and participation of lgbti groups. Just as this section specifically mentions race and ethnicity in response to south africa s past, sexual orientation is included because of the injustices gay. In 1984, nkoli was arrested and tried along with several prominent antiapartheid. It is one aspect of south africa as a postcolonial society that is reinventing itself. It thereby guarantees equality for gay and lesbian people. As a human rights defender, i am working to protect a space for people to exist freely without facing harassment, threats, or violence for not fitting into traditional gender categories. Religious institutions and actors and religious attitudes to. Human rights law, university of pretoria, south africa. We do this by developing strategic program interventions that target policymakers, legislators, governments, media. He was associate professor of human rights law, rwi, university of lund, sweden. Human rights watch south africa well show you youre a woman violence and discrimination against black lesbians and transgender men in south africa.
The human rights paradox of lesbian, gay, bisexual and transgender students 265 2 constitutional provisions regarding lgtb people in postapartheid we gay people are here in africa. Claiming and defending abortion rights in south africa. Despite this, discrimination and violence against gay and lesbian people continues to be a challenge. The state of human rights for lgbt people in africa 5 human rights campaign and human rights first executive summary nearly 50 african heads of state have been invited to gather in washington, d. Inspired by these developments, the 1996 south african constitution explicitly includes rights to reproductive health, freedom and autonomy. Human rights watch is a 501c3 nonprofit registered in the us under ein. An exploration of public attitudes toward lgbti rights in the. In countries such as colombia, uruguay and south africa, this provided a conceptual framework for differing levels of abortion law reform in parliaments, courts and practice.
Sep 03, 2017 mpho and bev ditsie, movie make and civil rights activist speak to linda khumalo. The report hate crimes against lesbian gay bisexual and transgender lgbt people in south africa 2016 was conducted as a research initiative of the love not hate campaign by out lgbt. Early in the 1980s, the young activist simon nkoli started organizing a group of black gays and lesbians within gasa gevisser, 1994. Religious institutions and actors and religious attitudes. President with africa, the summit will provide obama administration officials with a onceinageneration opportunity to directly engage these african. Announced by the white house as the largest single engagement by any u. In sum, it brought the economic and civil rights concerns of south africans to the courts, mainstreamed the gay rights struggle among the poor, and educated those most impoverished under apartheid about their constitutional rights. While south africa may have been one of the first countries in the world to introduce lgbt rights into its constitution, the nation holds a complicated relationship with its lgbt community. South africa has among the most thorough constitutional guarantees of human rights in the world. In 2006, south africa became the fifth country in the world and the second outside of europe to legalize marriage between samesex couples. The conference gathered over 200 participants from all regions and aimed to gather support for lgbt rights at the 23rd session of the human rights council. Some of the condoms available in south africa are not suitable for anal sex, and do not come with lubricant eg ky jelly, aqueous cream. In europe, the law has often been understood as springing out of a christian culture and ethos. Besides the strong rightsbased constitution, with its explicit bill of rights, south africa has also signed international and regional treaties that underpin its international legal obligations.
Informal settlements and human rights in south africa ohchr. Despite the evident health effects of lgbt rights, the cultural importance is an even higher. The claiming of these rights in places like south africa have helped remind theorists in more established democracies of their importance to citizenship lister, 1997. Human rights, sexual orientation and gender identity. Registered nonprofit and public benefit organisation in the republic of south africa 0323npo, pbo 930015296 p. The employment equity act 55 of 1998 was enacted topromote equal opportunity and to eliminate unfair discrimination in employment. Media in category lgbt rights in south africa the following 8 files are in this category, out of 8 total. Lgbtq rights are entrenched in the south african constitution, which makes it one of the few countries on the continent and in the world, in fact to do so. In many respects, the media sector has recognised that it has a role to play in helping to build a healthy society. Notions of citizenship in south africa are clearly located within the broader national transformation project that seeks to alter the social and. There was harsh criticism of uk prime minister david camerons statement at the. South africa, are not suitable for lesbian or gay safer sex. I can give specific examples of human rights abuses and violations of transgender people in africa. Lesbian safer sex tools like dental dams, female condoms and rubber gloves are not distributed widely by the department of health.
Violence against lgbt community in south africa the. Legal rights are diminishing for lesbian, gay, bisexual, transgender and intersex lgbti people across the african continent. South africas legal framework on the rights of sexual minorities is one of the most progressive in the world. Gay rights activism moved away from the whitecentered, apolitical stance of former gay rights activist groups such as gay association of south africa gasa and law reform movements, and new activists groups such as glow and olga aligned themselves with antiapartheid groups such as the african national congress anc and the united democratic.
Violence against lgbt community in south africa the borgen. In africa, samesex intercourse and relations are criminalized in the majority of countries, punishable by death in some cases. Constitutional change and participation of lgbti groups a case study of south africa as constitutionbuilding processes are increasingly becoming a critical mechanism for peacebuilding and national reconciliation in societies emerging from conflict, questions about the role of traditionally excluded. This research serves as a tool to inform practical solutions in addressing the issues that are faced by lgbt persons living in south africa. South africa, officially the republic of south africa rsa, is the southernmost country in africa. The african charter on the rights and welfare of the child. Abortion, reproductive rights and the possibilities of reproductive justice in south african courts 89 dignity, nondiscrimination and equality, life and social rights, particularly the right to health. The legal and social status of between 400,000over 2 million lesbian, gay, bisexual, transgender and intersex south africans has been influenced by a combination of traditional south african. Twenty people arrested in raid on shelter and charged with disobeying distancing rules. If youre found to have had a samesex relationship, you can expect to spend seven years in prison. Edwin cameron and kathy satchwell being prominent judges of the constitutional court of south africa and the high. We support lgbtiq organizations in sub saharan africa and work with mainstream human rights organizations to promote dignity and influence positive changes in laws, policies, attitudes and beliefs that discriminate against lgbtiq people on the continent. The proposals must show how the applicants work is going to advance the rights or improve the wellbeing of lgbti people in southern africa applicant organizations must be working and registered in or be sponsored by an organization that is registered in one of the following countries botswana, lesotho, malawi, mozambique, namibia, south africa, swaziland, zambia or zimbabwe.
South africa has the most liberal attitudes toward gays and lesbians, the country legalized samesex marriage and its constitution guarantees gay and lesbian rights and protections. Both are strongly christian countries in which a large majority of the population describes itself as christian. Hence, at least from a legal studies perspective and on paper, south africa holds quite a unique position on the african continent when it comes to the official acceptance of homosexuality. Nov 29, 2016 the report hate crimes against lesbian gay bisexual and transgender lgbt people in south africa 2016 was conducted as a research initiative of the love not hate campaign by out lgbt. On transgender human rights issues in africa pambazuka news. In south africa, weve led the world in reforms around sexual orientation, and when you look at education, you see that the basic rights are there in the policies. It enshrines the rights of all people in our country and affirms the democratic values. We live in the mainstream, we pay taxes like everybody else in the mainstream, we. South africa is also the only african country on the continent that recognizes samesex marriage. D candidate at the centre for human rights, faculty of law, university of pretoria, south africa.
South africa, meanwhile, is not only a continental but indeed a world leader in protecting gay rights, as john jeffery, deputy minister of justice and constitutional affairs, told the civil society organisations alliance building workshop on lesbian, gay, bisexual, transgender and intersex lgbti rights in johannesburg this week. The lgbt community in south africa has a varied history of activism and representation in civil society and all that pertains to social justice and the struggle for human rights as celebrated in february through lgbt history month. Mapping antigay laws in africa amnesty international uk. Majority of lgbt south africans live in fear of discrimination. One bright spot on the continent is south africa, the only country with specific protections against discrimination aimed at lgbt citizens. The gay rights movement in south africa is a model of this, and contains the promise of a cohesive and transformative sexual politics. However, the gains of the movement are fragile and in danger of being swamped by other issues such as aids and poverty. Constitutional change and participation of lgbti groups a case study of south africa. I have just modified 6 external links on lgbt rights in south africa. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple faq for additional information. For the past 20 years, south africa has continued to serve as a model for lgbti rights globally. Drawing on these seminars, south africa and norway cohosted an international conference on human rights, sexual orientation and gender identity in oslo 1516 april 20.
But gay rights are a white issue, and homophobia is widespread among other racial groups. An exploration of public attitudes toward lgbti rights in. Nearly 50 african heads of state have been invited to gather in washington, d. The human rights paradox of lesbian, gay, bisexual and. Christians have often sought to influence legislators in ways which. The history of lgbt legislation south african history online.
As south africas media landscape changes and develops, there is increasing awareness of the need to ensure diversity of stories covered, voices heard, and of course access to the media. Ugandan police accused of abusing lockdown laws after lgbt arrests. Mpho and bev ditsie, movie make and civil rights activist speak to linda khumalo. Lesbian, gay, bisexual and transgender lgbt people in south africa have the same rights as nonlgbt people. South africa has a complex and diverse history regarding the human rights of lgbt people. The state of human rights for lgbt people in africa.
1033 4 913 1289 892 570 343 907 370 1623 607 1288 563 637 898 975 891 849 449 1224 1000 13 382 169 604 660 51 1161 1619 1286 176 316 1095 642 82 1493 23 1422 1293 1061 563