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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 Winter Graduation Ceremony
2012-06-18

UFS awards record number of master’s degrees and doctorates

The University of the Free State (UFS) celebrated an increase in postgraduate successes with a record number of master’s degrees and doctorates that were awarded during the winter graduation ceremony at the Bloemfontein campus on Thursday 14 June 2012.

A total of 481 master’s degrees and 82 doctorates were awarded in two ceremonies in the Callie Human Centre on the Bloemfontein Campus. This is the most postgraduate qualifications to be awarded at a single graduation ceremony.

DiMTEC has reason to celebrate

Dr Andries Jordaan (second from right) with some of the people who received their master's degrees. From the left are Kehinde Balogun, the couple Olive Chisola-Darris en Clement West Darris, and the couple Everson Ndlovu en Patience Sibongile Ndlovu.
Photo: Leatitia Pienaar
18 June 2012

DiMTEC had reason to celebrate at the winter graduation ceremony. The Disaster Management Training and Education Centre for Africa delivered a healthy crop of 32 master’s degrees and one doctorate.

This was the most master’s degrees that the centre has been awarded at one opportunity. The doctorate, however, was not at DiMTEC – Andries Jordaan, the director of the centre, obtained his Ph.D. in Agricultural Economy.

It was also the first time that two couples received their master’s degrees at the centre at the same time.

Speaking at the event, Dr Jordaan said former students of the centre were using their expertise worldwide. Some of them are in senior positions at the United Nations, in African countries, Afghanistan, and elsewhere. DiMTEC’s students hail from 17 African countries, including French-speaking countries.

“I am proud that we have a footprint right across Africa,” he said.

Three travel all the way from Europe for their MBAs

Smiles on an important day. From the left are: Kasina Baker, Friederike Hackelberg, and Johanna Kössler and her parents and sister.
Photo: Stephen Collett
18 June 2012
No distance, time or money could prevent three MBA graduates from Europe from attending the winter graduation ceremony in Bloemfontein. Two of them were exchange students who were so captivated by the university and the country that they undertook their MBA studies at the Business School.

Friederike Hackelberg of Bremen, Germany, was an exchange student in 2008 and extended her stay to do an MBA. Johanna Kössler of Bolzano, Italy, was also an exchange student who succumbed to the charms of the UFS and South Africa. She brought her parents, George and Nannie, and her sister, Magdalena, with her to attend the graduation ceremony.

Kasina Baker of Warsaw, Poland, began her studies while her husband was working in Kenya. She wanted to study at a quality institution and thus chose the UFS's Business School.

Jessica gets three prestigious medals

Jessica Potgieter (right) was the first student in almost three decades to receive three prestigious medals at the Winter Graduation Ceremony. She received the Dean's medal as best Master's student in the Faculty of Natural and Agricultural Sciences, the Senate Medal as best Master's student at the university and the Award for Scientific Achievement by the South African Association for the Advancement of Science. She is seen here with her mother, Mrs Ilse van Rhyn, and Dr Khotso Mokhele, Chancellor.
Photo: Johan Roux
18 June 2012
Three daughters, three degrees for proud Kovsie mom
Liezel Alsemgeest and Adri Kotzé.
Photo: Leonie Bolleurs
18 June 2012

Adri Kotzé, Faculty Manager in the Faculty of Law, is a very proud parent. In the course of one year, all three her daughters will receive degrees from the University of the Free State (UFS). First in line is the eldest, who received her Ph.D. in Business Management at the Winter Graduation Ceremony.

Liezel is a lecturer in the Department of Business Management at the UFS, where she lectures, publishes and hopes to further her research in finance. “I enjoy working at the university because you have the freedom to do your own thing and focus on whatever you like,” she says.

The title of Liezel’s thesis is Customers’ perception of business units within an agricultural business in South Africa. Her focus is on the subjects of customer satisfaction and financial management, with a specific focus on the management of agricultural businesses.

Middle sister Corné will be graduating with a master’s degree in Occupational Therapy in December, while the youngest, Adéle, will receive her B.A. in Media Studies and Journalism at the Autumn Graduation Ceremony in 2013.

“I am very proud of all three my daughters,” says Adri.

Sasolburg minister receives Dean's Medal for best master's degree in Theology
Rev. Frans Redelinghuys.
18 June 2012

Rev. Frans Redelinghuys of the Reformed Church in Sasolburg received his master’s degree in Theology at the University of the Free State’s Winter Graduation Ceremony. Rev. Redelinghuys was also awarded the Dean’s Medal as the best master’s degree student in the Faculty of Theology.

The focus of his dissertation is Spirituality. “My lecturers are all people who practice what they preach and they have shared their knowledge with me.,” he says.

“My studies also contributed to my personal development,” says Rev. Redelinghuys.

Student from the Netherlands receives degree at UFS Winter Graduation Ceremony

Deborah Van den Bosch-Heij.
Photo: Leonie Bolleurs
18 June 2012

Deborah Van den Bosch-Heij from the Netherlands was awarded a Ph.D. at the Winter Graduation Ceremony by the Faculty of Theology of the University of the Free State (UFS). Her thesis, Spirit and healing in Africa: A reformed pneumatological perspective, is an interdisciplinary investigation of the relationship between the Holy Spirit and healing in Southern Africa. The research addresses the need for a reviewed and contextually reformed approached to healing.

Deborah started her career as a minister at the Valkenburg Congregation of the Protestant Church in the Netherlands in 2001. She was appointed by the missionary department of her church to lecture at the Justo Mwale Theological University College in Lusaka, Zambia in 2005. It was here that she decided on the topic of her thesis. Prof. Rian Venter from the Department of Systematic Theology at the UFS, who is also involved at the Justo Mwale College, is Deborah’s promoter and assisted her in her studies whilst she was in the Netherlands. It was also Prof. Venter who made Deborah aware of the importance of interdisciplinary research.

Well-known judge's granddaughter receives degree

Judge Joos Hefer and Annelie de Man.
Photo: Leonie Bolleurs

Annelie de Man, a law researcher at the Supreme Court of Appeal in Bloemfontein received her master’s degree at the Winter Graduation Ceremony of the University of the Free State (UFS). She is Judge Joos Hefer’s granddaughter. Annelie was also awarded the Dean’s Medal as the best master’s degree student in the Faculty of Law.

“Today is one of the biggest highlights in my career,” says Annelie, who received exposure to the field of law from a young age.

In September, she will be leaving for Italy to study for a master’s degree in European Human Rights at the European Inter University.

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