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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

SASOL TRAC laboratory launched at UFS Qwaqwa Campus
2006-05-08

Some of the guests attending the launch of the Sasol TRAC Laboratory at the University of the Free State's (UFS) Qwaqwa Campus were from the left Prof Peter Mbati (Principal of the Qwaqwa Campus), Mrs Zimbini Zwane ( Communications Manager of Sasol Infrachem), Prof Gerhardt  de Klerk (Dean : UFS Faculty of the Humanities), Prof Fred Hugo
 Director of TRAC SA) and Prof Jack van der Linde (Director of RIEP at the UFS).

SASOL TRAC laboratory launched at UFS Qwaqwa Campus

The Research Institute for Education Planning (RIEP) of the University of the Free State (UFS) today unveiled the Sasol TRAC Laboratory at its Qwaqwa campus.

The laboratory will be used to help grade 10, 11 and 12 learners and educators from the Qwaqwa region to conduct the experiments from the physical sciences outcome-based curriculum.

“The Sasol TRAC Laboratory introduces learners not only to the latest technology used by engineers and other scientists in practice but also to stimulate the learner’s interest in the field of science in such a way that more of them will enter into science related careers,” says Mr Cobus van Breda, Co-ordinator of the TRAC Free State Regional Centre.

According to Mr van Breda the newly established Sasol TRAC Laboratory will enable RIEP to train learners and their educators in Physical Sciences.  The laboratory will consist of six work stations equipped with computers and electronic sensors.

“Learners from the Qwaqwa region will visit the Sasol TRAC Laboratory on regular basis to conduct experiments based on the curriculum.  Data will be collected with electronic apparatus and presented as graphs on the computer so that results can be analysed and interpreted,” says Mr van Breda.

“There is a serious shortage of suitable qualified teachers in maths and science in the Qwaqwa region.  Many schools in the region are not yet part of the RIEP project and are in dire need of assistance.  A large number of these schools are in remote areas not reached regularly by intervention programmes,” says Prof Peter Mbati, Principal of the UFS Qwaqwa Campus.

“The establishment of the Sasol TRAC Laboratory at the Qwaqwa Campus provides us the opportunity to engage with our community and assist in the development and training of these vital education subjects.  We are pleased that Sasol agreed to fund the project,” says Prof Mbati.

Students from the Qwaqwa Campus will also benefit from the TRAC programme.   “Some promising students will also undergo further training and become assistants for the TRAC programme,” says Prof Mbati. 

“Nurturing science and mathematical skills is of great importance in growing our national economy. Annually, Sasol invests more than R50 million in supporting mathematical and science education in South Africa. Our primary aim is to increase the number of learners gaining access to tertiary education in the science fields. Therefore, our Corporate Social Investment (CSI) education interventions at secondary school level focus on educator development and direct learner interventions such as the Sasol TRAC Laboratory,” explains Ms Pamilla Mudhray, CSI and SHARP manager at Sasol.

According to Ms Mudhray the implementation of the National Curriculum Statement for physical sciences in the further education and training (FET) phase from 2006, under resourced schools will need greater access to the tools and equipment necessary to teach the syllabus and fulfil the ideals of the curriculum.

TRAC South Africa is a national non-profit programme focused on supporting and expanding science, mathematics and technology education in secondary schools. The programme was first introduced to South Africa in 1994. In 2005, RIEP established the TRAC Free State regional centre on the UFS Main Campus in Bloemfontein.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
5 May 2006

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