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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

Parking at UFS for visitors
2007-11-10

UFS creates more parking for visitors

In its effort to make it easier for visitors to park on the Main Campus of the University of the Free State (UFS) in Bloemfontein, two paid parking areas will be put into operation as from Monday, 5 November 2007.

These parking areas are part of a comprehensive new parking strategy of the UFS, which is being implemented since September 2007. As part of the strategy, areas of the central campus have been reserved for staff and visitors and hundreds of new parking areas were developed for students at the entrance in Wynand Mouton Avenue (at the Faculty of Health Sciences) and the entrance in DF Malherbe Avenue (at the Agriculture Building).

“The paid parking areas for visitors, which are as close as possible to the busy and largely closed-off central campus, were created as an additional service to visitors,” said Ms Edma Pelzer, Director of Physical Resources at the UFS.

According to Ms Pelzer, persons who attend meetings, seminars or short courses, visiting colleagues, consultants, service providers, family of students and staff members, clients, etc. can make use of this parking.

“We have found that it is often difficult for visitors to obtain parking in or close to the central campus. Now they will have a choice to either park in the visitors parking areas at a minimal fee or to park in any of the open unreserved parking areas on campus,” said Ms Pelzer.

The areas, which will be closed off behind booms on weekdays from 06:00 until 18:00, are situated to the eastern side of the “Red Square”, east of the CR Swart and Idalia Loots Buildings and west of Campus Avenue North between the Psychology and the Flippie Groenewoud Buildings.


Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
2 November 2007

Parking for visitors: Important notice:

As from Monday 5 November 2007 two paid parking areas on the UFS Campus will be put into operation. The areas will be closed off behind booms on weekdays from 06:00 until 18:00. These will be manned and R3 per hour will be charged.
 

The following areas are involved:

  • P3: The area to the east of the “Red Square”, east of the CR Swart and Idalia Loots Buildings.

     
  • P6: The area to the east of Campus Avenue North between the Psychology and Flippie Groenewoud Buildings.

    The friendly co-operation of users of motor vehicles on campus is requested to allow this implementation to proceed as smoothly as possible.

Parking for visitors: More information

The strategy to create paid parking areas for visitors

The decision to reserve areas in the central campus areas for the convenience of visitors was taken as part of the comprehensive new parking strategy of the UFS approved by the Executive Management in May 2007 and which is being implemented since September.

All visitors need not park in these areas. Visitors may park for free on any open (unreserved) parking bay on campus. These paid parking areas for visitors, as close as possible to the busy and largely closed-off central campus, have been created as an additional service to visitors.

The strategy to close off parts of the central campus for staff members and visitors was implemented after sufficient alternative parking areas had been developed for students.

What is meant by the term “visitors”?

It includes all persons who are not students of staff members of the UFS and who visit the campus for one reason or another. Persons who attend meetings, seminars or short courses, visiting colleagues, consultants, service providers, family of students and staff members, et cetera are included.

As at present, it will, of course, be possible to make special arrangements with Protection Services to make it possible for VIP visitors to park as near as possible to their destinations.

No student or staff member will be actively prevented from parking in the area. They will, however, be discouraged by the fact that R3 per hour will be charged without exception.

The visitors’ parking area and access to it

  • P3: The area to the east of the “Red Square”, east of the CR Swart and Idalia Loots Buildings. The area is within easy walking distance for visitors to, among others, the following buildings: George du Toit Administration Building, Theology Building, Idalia Loots Building, CR Swart Building, Johannes Brill Building, Van der Merwe Scholz Hall.

    The area is conveniently accessible from the following entrances: Nelson Mandela Drive, Groenewoud Street and Wynand Mouton Drive.

     
  • P6: The area to the west of Campus Avenue North, between the Psychology and Flippie Groenewoud Buildings. The area is within easy walking distance for visitors to all the academic buildings in the central campus, such as the Chemistry Building, Stef Coetzee Building, the Geography Building, et cetera and located directly opposite the general information point on the Thakaneng Bridge.

    The area is conveniently accessible from the following entrances: Fürstenburg Road and DF Malherbe Avenue (at the Agriculture Building).

     

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