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01 June 2018 Photo Mamosa Makaya
Dialogue on LGBTIQ rights in the legal profession reveals slow progress
Justice Edwin Cameron, Sivuyile Mphatheni and Maralize Conradie

The Black Lawyers Association, in collaboration with the Faculty of Law at the University of the Free State (UFS), held a public dialogue on the rights of the LGBTIQ+ community in the legal profession on 25 May, on the Bloemfontein Campus. On the panel were prominent activists for LGBTIQ+ rights, Justice Edwin Cameron, Judge of the Constitutional Court of South Africa; Maralize Conradie, UFS lecturer in Mercantile Law; and Sivuyile Mphatheni, a Law student and member of the Black Lawyers Association.

Liberal but not yet free
The Constitution of South Africa is considered to be one of the most liberal and inclusive in Africa and the world by protecting the rights of same-sex partnerships pertaining to family rights; marriage and adoption. Yet despite these provisions LGBTIQ+ legal professionals still experience discrimination in the workplace. “The LGBTIQ+ community should be regarded as a demonstration of the complexity of human nature, rather than a minority group,” said Conradie. She said the shift in mind-set could allow for more open dialogue, sharing of knowledge, building of trust, and upholding the rights of minority people. Speaking on behalf of law students, Sivuyile Mphatheni said that despite the many victories, there was still a long way to go to achieving full equality for the LGBTIQ+ community.

Discrimination still holding back society
Speaking to students from all walks of life, Justice Cameron gave a breakdown of various forms of discrimination and the effects they have on the human pysche. Actions such as racism, sexism, sexual harassment, the stigma of people living with HIV/Aids, and the upholding patriarchy in society all infringe on the rights of others, causing a society that is fraught with fear, hate and pain.
  
“South Africa is one of the most progressive countries in Africa regarding human rights, including freedom of speech,” said Justice Cameron. He added that unlike in some African countries where same-sex relationships are still criminalised, the youth of South Africa have a voice. He therefore encouraged students to use it to become change agents, and to eradicate discrimination of all forms.

The Black Lawyers Association, as thought leaders, held the event as a call to action to the entire UFS community to begin to sensitise those around them to the plight of the LGBTIQ+ in the law profession and in society as a whole.

News Archive

#Women’sMonth: Who am I? Questions of identity among Rwandan rape survivors
2017-08-03

 Description: Michelle Nöthling, Questions of identity among Rwandan rape survivors Tags: Michelle Nöthling, Questions of identity among Rwandan rape survivors 

Michelle Nöthling, master’s degree student
in the Centre for Trauma, Forgiveness, and
Reconciliation Studies at the UFS.
Photo: Eugene Seegers

From 7 April to 15 July 1994, a mass genocide swept through Rwanda after years of Belgian colonial rule that divided the country along ethnic lines. Rape was also used as part of a political strategy to torture and humiliate mainly Tutsi women, and as a means of spreading HIV.

Individual focus
Why is it important to listen to what these rape survivors have to say? Michelle Nöthling, a master’s student in the UFS Centre for Trauma, Forgiveness, and Reconciliation Studies, responds, “We speak of groups – refugees, foreigners, and the like – yet we tend to forget the individuals and the lasting impact trauma has had on each person.”

Narrative exploration
Michelle maintains that we are the product of the narratives around us; things like – how to be a woman, how to dress, speak, or treat others. Her research delves into how these rape survivors see themselves, how they narrate their lives. She also investigates power relations based on gender; for example, how language can be used as a divisive tool.

Rwandan backdrop
In Rwanda, gender roles are deeply entrenched. Traditionally, a ‘girl’ remains such while she is a virgin. Her transition into womanhood is usually marked by marriage and followed by motherhood. But rape disrupts this structure, leading to an identity crisis as these girls are catapulted into motherhood with an unplanned child resulting from a traumatic event.

“We are the product of
the narratives around us.”

Reaching their mid-teens, the children, too, started asking questions about identity or paternity. For those mothers who were finally able to open up to their children, the experience has been mostly liberating – often leading to a closer relationship between parent and child. Michelle intends to interrogate how such significant moments shape the way these women perceive themselves. Research tends to portray these survivors solely as mothers of rape-born children. Michelle, however, seeks to examine their identities more deeply.

“These survivors still bear the heavy burden of being marginalised, stigmatised, and severely humiliated. Despite this, they have developed their own communities of belonging; people with whom they connect, to whom they relate, and to whom they are not ashamed to tell their experiences,” she said.

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