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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

UFS launches projects to assist communities and current students
2011-03-16

Prof. Jonathan Jansen, UFS Vice-Chancellor and Rector and Mr Rudi Buys, Dean: Student Affairs, with learners at the  Bloemfontein-Oos Intermediary School.
Photo: Stephen Collett

The University of the Free State (UFS) has launched four exciting projects set out to improve the circumstances of its current and prospective students. These include a project that will honour dedicated and influential educators.

These community service projects in the starting blocks are: the UFS Schools Partnership Project, Extreme Make-over Project, Great Teachers Project and the No Student Hungry Campaign.
 
The Schools Partnership Project aims to support 21 schools across the Free State in helping them to become top achievers in the next three to five years. The schools involved were selected last year, after which the groundwork for the project was finalised. Although it mainly focuses on improving scholars' results in mathematics, accounting, physical sciences and English, it is also custom-designed according to the specific needs of the school, as indicated by the respective governing bodies beforehand. As a bonus, scholars of the schools involved will be given an opportunity to be introduced to student life; something Dr Choice Makhetha, UFS Vice-Rector: External Relations (acting), claimed to be of great importance. “We will invite Grade 10 to 12 learners to winter and summer schools being presented at the university. We will connect learners with students (one student adopts one learner for the day) for them to experience campus life. Grade 12 learners will also receive an invitation to the May 2011 graduation ceremony,” Dr Makhetha said.
 
Adding to the university's involvement at schools on local level, the newly upgraded Bloemfontein-Oos Intermediary School with its 112 UFS-sponsored tables will officially be revealed by the end of April. Although this school's upgrade showcases the power of partnerships, it is of special importance to the university, as it also marks the first school to receive an extreme make-over as part of the 'Extreme Make-over for Schools Project'. This project, in conjunction with the local business community, university staff and students, the community, the Department of Basic Education and SIFE (Students in Free Enterprise), is considered to be a flagship project of the Vice-Chancellor and Rector, Prof. Jonathan Jansen. Part of the project’s agreement includes visits from a group of about 100 students representing campus initiatives such as the UFS’s Kovscom, Rag and SIFE, which will contribute to the improvement of the schools' resources within a period of 10 – 15 weekends. “We invite support from all corners. South Africa has a business community committed to improving the social circumstances of its community and we plead that they also come to the rescue of the Bloemfontein-Oos Intermediary School,” said Dr Makhetha.
 
By spreading a 'can do' attitude, the UFS aims to honour noble and remarkable teachers across the country by means of its 'Great teacher's project'. Through the project, fellow citizens are encouraged to submit their stories on their former or current teachers’ dedication and their positive impact which are often overlooked. The panel of seasoned education scholars and practitioners will select the top 500 stories based on the stories' clarity, distinctiveness, plausibility and affectability, which will be perpetuated in a book called 'Great Teachers', to be released at the end of this year. Proceeds are destined to serve as bursaries for students who wish to pursue a career in education. According to Prof. Jansen the ideal teacher is: “Somebody who was among, but stood out above, their colleagues, a person who made a lasting impact long after the details of subject matter content of examination preparation were forgotten.”
 
Regardless of this exceptional effort of supporting schools across the province, the UFS remains committed to its students and their social welfare by means of the 'No student hungry' campaign. This project provides financially challenged students the opportunity to purchase food from the Thakaneng Bridge on the Main Campus in Bloemfontein by using their student cards at two selected kiosks serving balanced meals. The project, which is under the guardianship of Ms Grace Jansen and Dr Carin Buys, relies solely on several fund-raising projects across the country. These women are the respective spouses of the Rector and Dean: Student Affairs, Mr Rudi Buys. According to Ms Jansen this initiative was proposed after UFS staff reported that many students were struggling to concentrate on their studies due to hunger pangs. Although the campaign recognizes students with strong academic records, it doesn't overlook those who need a food bursary which might result in them dropping out. Ms Jansen said as the external funds gathered increase, so will the amount of students being supported by the project. “The plan is to continue until the fate of hungry students had come to an end,” she said.
 

Media Release
14 March 2011
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

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