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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

Agriculture must adapt to change
2008-11-28

 

At the launch of "50 years of agriculture" at the UFS were, from the left: Mr Corwyn Botha: Chairman: Agri Business Chamber and Managing Director: Cape Agri Group, Mr Motsepe Matlala, President of NAFU, Mr Hans van der Merwe, Executive Head: Agri SA, Prof. Herman van Schalkwyk: Dean: Faculty of Natural and Agricultural Sciences at the UFS, and Mr Sugar Ramakarane, Head: Department of Agriculture, Free State Province.
Photo: Lacea Loader

 “The biggest factor driving agriculture today is change. Our major challenge is to adapt to this changing environment.” This was stated by Prof. Herman van Schalkwyk, Dean of the Faculty of Natural and Agricultural Sciences at the University of the Free State (UFS) during the recent celebration of the faculty’s “50 years in agriculture”.

Prof. Van Schalkwyk stated that the most important changes include power relationships in supply chains, consumer demand, new products and technology in agriculture, government action and developments in neighbouring states. “At the moment there is very little cooperation between small-scale farmers, small-scale farmers and commercial farmers and farmers and processors. There are also low levels of processing, low levels of value adding and a lack of creative thinking in agriculture," he said.

“This must change – we need comprehensive agricultural support and new business ideas in agriculture. We need better infrastructure, value chain financing and improved institutional support,” he said.

Speaking about agriculture and institutional co-operation in the Free State, Mr Sugar Ramakarane, Chief Director of the Free State Department of Agriculture, said that the UFS plays a vital role in bringing together organised agriculture in the province. “The responsibility of transforming our economy cannot be done by government alone. We need partners like the UFS to assist us with bringing together the two most important stakeholders of the agricultural sector, namely the National Farmers’ Union (NAFU) and Free State Agriculture. You can assist us with harnessing co-operation and providing practical solutions," he said

Mr Ramakarane said that his department is aware of the university’s good work with emerging farmers. “But, I want to encourage the university to help us with skills transfer and the development of the emerging farmers. You can play a vital role in developing a mentorship programme. Yours remains a central and critical role of being torch bearers in guiding the transformation agenda of our country," he said.

In his contribution on the challenges of small scale farmers in South Africa and the role of the university, Mr Motsepe Matlala, President of NAFU, said that unity in organised agriculture and working together with other stakeholders has become even more crucial with regard to the global challenges now faced by the country. “The university should take the lead in guiding all farmers on how to respond to, among others, the global financial turmoil and politics, developments in trade negotiations, food prices, input costs and the availability of energy," he said.

“If the UFS, and more specifically the Faculty of Natural and Agricultural Sciences, is to continue to play a leading role in academia as well as in the production of research that matters to the growth and development of this country, it must adopt an approach that seeks to harness the capacity of everyone in an inclusive manner. The strides already made in this regard must be applauded,” Mr Matlala said.

Speaking on the future challenges in agriculture and the role of universities, Mr Hans van der Merwe, Executive Head of Agri SA said that South Africa has not spent money on agricultural development in a long time. “We must increase our product capacity in the agricultural sector. Universities must focus on cultivating enough expertise and the skills necessary to manage the resources and capacity needed," he said. In his view, South Africa must also focus on technological advancement in agriculture as this has also been neglected in the past. He urged universities to provide best-practice education and to look at international trends in agricultural training. “That is why we should not only focus our attention on South Africa, but on southern Africa,” Mr van der Merwe said.

In conclusion to the day’s programme, Mr Corwyn Botha, Chairperson of the Agricultural Business Chamber, Managing Director of the Cape Agri Group and former Kovsie stated that: “If you want to be an example of leadership, people around you must do better because you are there. A university should evaluate itself in this context. You cannot create solutions to problems with the same attitude in which the problems were created."

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  
28 November 2008
 

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