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19 May 2021 | Story Dr Claire Westman | Photo Supplied
Dr Claire Westman is a Postdoctoral Research Fellow in the Free State Centre for Human Rights, University of the Free State (UFS).

The socio-political and developmental health of a nation can be determined by the lived experiences of, and rights afforded to, the most marginalised within that nation. On the African continent, some of the most marginalised individuals are those belonging to the lesbian, gay, bisexual, and transgender (LGBT) community. While the health of the people of the continent has been brought into even sharper focus since the beginning of 2020 in light of the COVID-19 pandemic, it is clear that the developmental goals of the continent are threatened by the ongoing exclusion and marginalisation of, and violence against, members of the LGBT community. 

Crimes perpetrated against gay, lesbian, and transgender individuals

While discrimination and violence against LGBT persons is not a new phenomenon, there have been an alarming number of murders and crimes perpetrated against gay, lesbian, and transgender individuals over the past few months. In South Africa alone, within the first two and a half months of 2021, at least six murders of LGBT individuals occurred. Similarly, studies have shown that approximately ten lesbian women are raped per week in South Africa in an attempt to ‘cure’ them of their homosexuality and to punish them for their defiance of heterosexual norms (ActionAid, 2009). Across the rest of the continent, violence and discrimination against LGBT individuals is correspondingly rife, with one recent example being the attack on the Kakuma Refugee camp in Kenya, where many displaced LGBT individuals live. This attack led to the death of one gay man and the serious injury of another.

Legislation related to LGBT rights varies across the African continent, with some countries adopting extreme forms of legal punishment, including the death penalty and lengthy prison sentences, while others, such as South Africa, constitutionally protect the rights of LGBT individuals and legally recognise same-sex marriages. A notable statistic emerging from a report compiled by The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA, 2019) shows that of Africa’s 54 countries, same-sex relations are only legal in 22 countries and are punishable by death or lengthy prison terms in countries such as Uganda, Nigeria, and Togo. 

Legal responses to LGBT lives 

While Africa’s legal responses to LGBT lives are often criticised by the Western world, the laws proscribing and criminalising same-sex relationships and LGBT behaviour and expressions are, in fact, one of the many lingering effects of colonialism that have been uncritically adopted within post-colonial Africa. For example, many former British colonies, such as Kenya, Uganda, Ghana, and Nigeria, continue to uphold colonial-era anti-sodomy penal codes, which punish actions ‘against the order of nature’ – that is, homosexual relationships and acts. Such penal codes were imposed in British colonies during the 19th and 20th centuries, and despite independence from Britain, many countries still enforce these penal codes and prosecute those who transgress these laws. Under the inherited British anti-sodomy laws, Kenya, as an example, prosecuted 595 people between 2010 and 2014 (Kushner, 2019). As a result of these colonial-era laws, homosexuality has misguidedly come to be recognised as un-African and a ‘threat’ to African values. 

While the legal status of LGBT individuals varies from country to country, several legal instruments aim to ensure equality and to protect the rights of all individuals across the continent. Legal frameworks such as Agenda 2063: the Africa we want, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy have been adopted and ratified by members of the African Union with the aim of guaranteeing human rights across the continent, including the rights of LGBT individuals. These frameworks explicitly use terms such as ‘all’ and ‘every human being’ to ensure inclusivity and rights for all, regardless of gender identity or sexual orientation (Izugbara et al., 2020). However, while these frameworks aspire to freedom, rights, and equality for all, there is no specific mention of the LGBT community, which leaves room for discrimination against members of this community (Izugbara et al., 2020). Similarly, while these frameworks are in place to protect the rights and equality of all citizens of the African Union, the ideals of inclusivity and equality are often not adopted or upheld by national governments.

Legal and constitutional rights 

Furthermore, even where rights and protection are legally afforded to LGBT individuals by national governments, discrimination and violence persist. South Africa, for example, is praised for being progressive in the rights and protection afforded to members of the LGBT community through its Constitution; however, when viewed in the light of the ongoing violence committed against gay, lesbian, and transgender individuals, it is clear that these legal rights and protection do not extend to the social level and to the actual lived experiences of the LGBT community. 

It is, therefore, important to understand the more deeply rooted reasons for this violence and discrimination. The work of Judith Butler (2004, 2020) provides one perspective on why the LGBT community is marginalised and victimised. She argues that within all societies there are certain individuals who are positioned as legitimate and grievable, while others are recognised as ungrievable and are, consequently, not considered legitimate citizens of the society. Those who are grievable, such as heterosexual white men in patriarchal societies, for example, are considered worthy of rights and protection, while those who do not conform to the logic of heteronormative patriarchy are ungrievable, and so the upholding of their rights and freedoms is denied based on the notion that they are not legitimate citizens of the nation. The lingering effects of racist, sexist, and puritanical colonial impositions, combined with the heteronormative patriarchal foundation of many African countries, have led to the LGBT community being among those considered (most) ungrievable, and therefore, (most) unworthy of rights, recognition, and freedom.

The question thus becomes – if members of the LGBT community are already marginalised and considered ungrievable and therefore not worthy of the rights and protection granted to legitimate citizens, can there be any possibility of their rights being upheld, even where these are enshrined constitutionally or through other legal instruments?

Cultural and social acceptance

While the legal and judicial systems in Africa play an important role in the ways in which LGBT individuals are treated, it is also clear that the law can only function to prevent such crimes and ensure the safety of LGBT individuals to a certain extent. The question then is, what more can be done to protect the rights, freedom, and ultimately, the lives of LGBT individuals across the continent? The obvious place to begin is with the decriminalising of same-sex relationships and the implementation of harsher punishments for those who commit hate crimes against the LGBT community, along with a more holistic approach that aims to conscientise people around LGBT issues and lives. Beyond legislation, there is a dire need for social, religious, and cultural acceptance of LGBT individuals. However, altering long-standing cultural and traditional beliefs and social constructs that marginalise and demonise LGBT individuals poses an enormous challenge, and as mentioned, cannot be done through legislation alone. 

One of the ways through which cultural and social acceptance is being sought is the use of art and visual activism. In South Africa, visual activism relating to LGBT lives is seen in the work of artists such as Nicholas Hlobo, the well-known photography of Zanele Muholi, and performances by Mamela Nyamza. Across the African continent, various alternative forms of resistance and LGBT visibility are emerging through, for example, pride parades, visual and political activism, and the recognition of the existence of LGBT individuals within pre-colonial African societies. These forms of resistance challenge the notions that homosexuality is un-African and a Western import, create agency for LGBT individuals, and lead to an increased visibility of the subjective, lived experiences of these individuals. These forms of resistance, therefore, play an integral role in the acceptance and equality of LGBT individuals on a more social and cultural level.

Work to be done

Clearly, there is still much work that needs to be done legally to guarantee that LGBT individuals are afforded rights and freedoms, but it is also vital that policies and programmes are developed to aid in increasing the acceptance of LGBT individuals on a social level. Without social, cultural, and religious change, legal measures alone will not end the violence and discrimination faced by the LGBT community. Overall, lesbian, gay, and transgender individuals need to be recognised as an important and natural part of African cultures and societies so that they can be positioned as grievable, legitimate citizens who are worthy of rights. Until this happens, Africa cannot truly say that it is free from colonial impositions and ideologies.

Opinion article by Dr Claire Westman, Postdoctoral Research Fellow, Free State Centre for Human Rights, University of the Free State 


News Archive

Graduates challenged to fulfil their leadership obligations
2017-12-08


 Description: 2017 December summer graduation Tags: 2017 December summer graduation 

Photo: Johan Roux

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6 December: Morning
6 December: Afternoon
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7 December: Afternoon

A total number of 1 226 qualifications, including diplomas, certificates, and degrees, were conferred during the two days of the 2017 End-of-Year Graduation Ceremony which took place on the Bloemfontein Campus of the University of the Free State (UFS). Forty doctorates and 109 master’s degrees were awarded. Most doctorates (19) were awarded in the Faculty of Natural and Agricultural Sciences which  also conferred the biggest number of master’s degrees (27).

Celebrating excellence
Some of the highlights at this year’s graduation ceremonies were when the university honoured Prof Paul Holloway and Marius Botha with honorary doctorates and Joyene Isaacs with the Chancellor’s Medal. 

Isaacs, Head of the Department of Agriculture in the Western Cape, who was nominated by the Centre for Sustainable Agriculture in the Faculty of Natural and Agricultural Sciences for the Chancellor’s Medal, said: “Agriculture is one of those areas people take for granted. With this medal, agriculture can come to the fore. Agriculture is placed in the spotlight and it is important for this country, but also globally, because we look after the food supply. For me agriculture has been a sustainable livelihood but also a career. Everything about agriculture excites me! I hope that through this award I can take agriculture to the next level.”

Prof Holloway, internationally acclaimed expert in the science and technology of surfaces, thin films, and nanoparticles, who received the Honorary Doctorate in Science degree, said: “This award recognises the efforts we (the UFS and the University of Florida in the US) have jointly developed. We introduced the UFS to phosphors and today it (the UFS) has world-wide recognition expertise in this field. We also learnt from them. They brought us technology we did not have before. It was a mutual growth technique and we all benefit from that. If you work together you can achieve remarkable things.”

“It is the greatest honour of my life. I’ve been associated with the UFS for 17 years in the capacity of moderator, examiner and sometimes lecturer.” These were the words of Botha, author and expert in the financial planning circles of South Africa who was nominated for an honorary degree by the School of Financial Planning Law.

Botha told graduates that a qualification in the financial planning field would give you many opportunities. “If you enter almost any financial services organisation in South Africa, you will find senior people there that completed the postgraduate diploma in Financial Planning Law at the UFS,” he said.

During a luncheon that was hosted by Prof Francis Petersen, the UFS Rector and Vice-Chancellor, in honour of these esteemed graduates, he thanked them for the contribution they had made, not only for the UFS, but for advancing science, technology, and the better of society. “The Honorary degrees and Chancellor’s Medal are the highest accolades and recognition that the university can bestow on individuals who have excelled in science or scholarship or have contributed to service to this country. You are exemplary individuals and you make the UFS, our country and the world proud,” he said. 

 Description: 2017 Summer Graduation read more Tags: 2017 Summer Graduation read more 

Photo: Johan Roux

Inspiration for the future
Likeleli Monyamane, a UFS Council member, addressed graduates during the morning ceremony on 6 December 2017. She motivated graduates to walk tall and learn to serve our country. “Finding your voice comes with a responsibility to speak for those who do not have a voice,” Monyamane said. 

Leah Molatseli, who launched South Africa’s first legal e-commerce website, Lenoma Legal, was the guest speaker at the afternoon session on 6 December 2017. “You are going to start afresh. It is going to feel like you know absolutely nothing and it’s ok. You need to make peace with that in order for you to learn. 

“A lot of young people expect instant success when they enter a job. I am 29 and have had three jobs, two side jobs and numerous certificates. But I decided to create my own future. That is what I did with Lenoma Legal. Some people are meant to be ordinary and some extraordinary,” said this young entrepreneur and Kovsie Alumnus.

On the second day of the graduation ceremonies Dr Imtiaz Sooliman, founder and Director of the Gift of the Givers Foundation, challenged the newly graduated alumni to be carriers of hope for Africa. “We need people of skill, spirituality and heart,” he said. 

“How do you want others to believe in you if you don’t believe in yourself? We South Africans, we can make things happen. Believe in yourself,” he said. 

“The best science you can do is for others. The moment you achieve that, you mean something to someone,” he said. 

Prior to dissolving the congregations, Dr Khotso Mokhele, the Chancellor of the UFS, said: “It has taken hard work, commitment, dedication, to walk across the stage. You deserve all of that.” 

Interesting facts of the graduation
Among the graduates at these ceremonies was former Miss World 2014, Rolene Strauss. She received a Bachelor of Medicine and Bachelor of Surgery Degree. 

The Faculty of Natural and Agricultural Sciences is also very proud of the first group of BAgric students who graduated on the Agricultural College Programme. The eight agriculture students all received the Bachelor of Agriculture degree, majoring in Agricultural Management.

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