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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

Kovsies celebrate ‘model of humanity’
2013-07-19

 

Zelda la Grange
Photo: Sonia Small
19 July 2013

   Video clip (YouTube)

Photo gallery
UFS Mandela Day Pledge (pdf)
Zelda la Grange speech (pdf)

The University of the Free State (UFS) joined people around the globe in celebration of the fourth annual Nelson Mandela Day. Long-time Madiba confidant, Zelda la Grange, delivered the main address, inspiring the crowd with anecdotes gleaned from her intimate knowledge of the former president.

La Grange felt that the UFS as an institution can contribute greatly towards the upliftment of South African society.

“Your university has become what we hope for in South Africa – a transformed society whose purpose serves the greater good of humanity. Embrace and nurture what you have here under the leadership of Prof Jansen and his team. And influence society consciously, every day, in the same way as Madiba did for every day of the 67 years of his activism, and beyond.”

As UFS Vice-Chancellor and Rector, Prof Jonathan Jansen, aptly put it, the Kovsie celebrations aim to give thanks to Madiba as a ‘model of humanity’ and for what he has done for all South Africans.

Prof Jansen stressed that the importance of Mandela Day cannot be overstated.

"I think it is incredibly important because the real legacy of Nelson Mandela is that of a man who gave everything he had for the struggle to gain our freedom, our democracy and that we can get along as just human beings and not as a skin colour, a religion or as strangers," he said.

Events began with a clean-up operation by UFS volunteers, Zelda la Grange and the Bikers for Mandela Day, the Mangaung Metropolitan Municipality and other sponsors. The team cleaned areas in Heidedal and Manguang before returning to the UFS Bloemfontein Campus.

Kicking off the campus section of the programme, UFS staff and students formed a ‘human chain’ on the Red Square as part of a wider initiative which was the brainchild of Archbishop Emeritus Desmond Tutu – who was the main attraction of the 2012 Mandela Day activities at Kovsies.

The assembled ‘chain’ recited the UFS Mandela Day pledge, whilst snaking around the Red Square and the gardens surrounding the Main Building, before offering interfaith prayers to Madiba in honour of the 67 minutes of selflessness epitomised by Nelson Mandela Day.

To conclude the first part of the celebrations, the No Student Hungry campaign’s patrons, Mrs Grace Jansen and Dr Carin Buys, released symbolic doves and joined the chain in the singing of the national anthem.

Rudi Buys, Dean of Student Affairs, said that the symbolic chain showed the UFS community’s aim to “join together as a country and show our commitment to our people” on the special day.

Mangaung Metropolitan Municipality Executive Mayor, Thabo Manyoni, together with Prof Jansen, welcomed UFS staff and students to the main festivities which centred around a coin-laying ceremony in front of the Main Building. All proceeds of the coin laying are to be contributed towards the NSH. More than R83 000 was raised through the coin-laying ceremony and donations, more than double the amount of 2012.

The jubilant crowd was edged on by OFM presenter, Johrné van Huyssteen, who offered to preside as master of ceremonies free of charge as part of his 67 minutes.

Manyoni stressed that Mandela Day is a celebration and should be regarded as a joyous occasion. He said that Madiba’s ability to take action and inspire change, is the foremost aspect of his legacy, one all South Africans should strive to emulate.

“We should all be the champions in the areas where we are. There can never be another Madiba, but we should all aim to be smaller, better Madibas,” he said.

Zelda la Grange emphasised the life-changing influence Madiba has had on her own life, as well as South Africa in general.

“Mandela Day is a call to action for individuals, for people everywhere, to take responsibility for changing the world into a better place, one small step at a time, just as Mr Mandela did. It is a day of service,” she said.

According to her, certain key characteristics are responsible for Madiba’s vast reverence throughout the world, principles everyone should try to emulate. She mentioned his principles, simplicity, honesty, integrity, discipline and respect for other people even when opinions differ, as the foremost of these qualities.

La Grange also stressed that the goodwill shown on Mandela Day should not be limited to one day in a year, but that we should all strive to live each day according to these principles.

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