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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

Spring graduation and diploma ceremonies
2010-09-17

The University of the Free State (UFS) has conferred 566 grade, 41 doctoral degrees and 274 diplomas at the spring graduation and diploma ceremonies. 

The two honorary doctoral degrees were conferred on Prof. Kalie Strydom and Dr Monty Jones. The event took place in die Callie Human Centre on the Main Campus. 

The UFS Management and personnel congratulates all our graduates on this achievement!

New UFS Chancellor confers his first degrees

The new Chancellor of the University of the Free State (UFS), Dr Khotso Mokhele, conferred the first degrees since he has taken up the position as Chancellor. The UFS awarded 266 degrees and 20 doctorates to students from the Faculties of the Humanities, Health Sciences, Education, Law and Theology during its Spring graduation ceremony on the Main Campus in Bloemfontein today. Pictured at the ceremony, from the left, are: Dr Mokhele and Prof. Jonathan Jansen (Rector and Vice-Chancellor of the UFS).
Photo: Mangaliso Radebe

 
UFS awards doctoral degree to 93-year-old graduate

This week Dr Anna de Jager received her doctoral degree in Religious Studies: Biblical and Religious Studies, during the Spring graduation ceremony of the University of the Free State (UFS) that took place in the Callie Human Centre on the Main Campus in Bloemfontein. Dr De Jager was the star of the day because she was the oldest person (93) who received her qualification during this graduation ceremony. The theme of her thesis is: Die belewing van geloofsekerheid by die Gereformeerde Afrikaanssprekende adolessente leerder.
Photo: Leonie Bolleurs

 
UFS honours an acclaimed educational researcher

The University of the Free State (UFS) conferred an Honorary Doctorate to Prof. Andries Hermanus (Kalie) Strydom during the Spring graduation ceremony held at the Callie Human Centre on the Main Campus today. Prof. Strydom is an alumnus and former academic of the UFS. His academic career can best be described as a lifetime of dedication to accountable research aimed at the advancement of higher education in South Africa. He is an acclaimed researcher in the field of higher education – nationally and internationally. His work over the last 30 years has not only been about supporting transformation in the education sector and specifically higher education, but also about capacity building of staff and supporting equity expectations without compromising quality.
Photo: Mangaliso Radebe

 
UFS confers another honorary doctorate

The University of the Free State (UFS) conferred another Honorary Doctorate today, this time on Dr Monty Jones (pictured), a Sierra Leonean who spent the last 32 years of his career in Africa working in international agricultural research for development institutions. Dr Jones is the Executive Director of the Forum for Agricultural Research in Africa (FARA) and co-winner of the prestigious 2004 World Food Prize. The UFS also awarded 300 degrees and 21 doctorates to students from the Faculties of Economic and Management Sciences and Natural and Agricultural Sciences; and 274 diplomas were conferred on students from all the faculties during the Spring graduation and diploma ceremonies on the Main Campus.
Photo: Mangaliso Radebe

 
UFS reaches another milestone in Sign Language

The University of the Free State (UFS) has become the first university in South Africa to award a Ph.D. in South African Sign Language. This honour was bestowed upon Dr Philemon Akach (pictured), Head of the Department of South African Sign Language at the UFS, during the Spring graduation and diploma ceremonies on the Main Campus. The UFS is also the first university in the country to have a fully-fledged and dedicated Department of South African Sign Language and it was the first university on the continent to offer Sign Language as an academic course in 1999.
Photo: Mangaliso Radebe

 
Proud day for UFS parent as daughter obtains first degree

On Thursday, 16 September 2010, Ms Rebecca Mohatlane from the University of the Free State (UFS) Student Academic Services had a day every mother dreams about when her daughter obtained her first degree. Puleng Mohatlane obtained a Baccalaureus Administrationis degree from the UFS’s Faculty of Economic and Management Sciences during this year’s September graduation ceremony. Puleng is currently continuing her studies at the UFS, working towards obtaining an honours degree.
Photo: Christiaan van der Merwe

 
Second generation student at Chemistry obtains doctorate degree

The Department of Chemistry at the University of the Free State (UFS) bore witness to a special event on Thursday, 16 September 2010 when another Conradie of the department received her doctoral degree. Marianne Conradie, daughter of Prof. Jeanet Conradie of the department, obtained her doctoral degree during the UFS’s 2010 Spring graduation ceremony. Adding to the already tight family connections, Prof. Conradie also acted as the promoter for Marianne’s thesis titled Rhodium and Iron complexes and transition states: A computational spectroscopic and electrochemical study.
Photo: Susan Conradie

 
Eastern Cape MEC obtains diploma at UFS

A member of the Eastern Cape’s Executive Committee (MEC), Mr Sicelo Gqobana, was one of the 800 graduates obtaining degrees or diplomas during the September 2010 graduation ceremonies at the University of the Free State (UFS). Currently serving as the Eastern Cape MEC for Local Government and Traditional affairs in the province, where he has been involved in politics since the 1990s. Mr Gqobana is also a former Chief Whip in the Provincial Legislature. Mr Gqobana, originally a teacher, obtained a Postgraduate Diploma in Governance and Political Transformation from the UFS on Thursday, 16 September 2010.
Photo: Christiaan van der Merwe.

 

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