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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 announces the closure of Reitz Residence and the establishment of an institute for diversity
2008-05-27

Statement by Prof. Teuns Verschoor, Acting Rector of the UFS

The Executive Management of the University of the Free State (UFS) today announced a unanimous decision to close the Reitz Residence, effective at the end of the current university semester, and establish an institute for diversity on the same premises.

Four students from the Reitz Residence were responsible for making the now infamous Reitz video, depicting four female colleagues from the University and a worker of Prestige Cleaning Services who were lured into participating in a mock initiation ceremony during which they were humiliated and demeaned.

University management repeated its strong condemnation of the video, made in apparent protest against the University’s integration policy implemented at 21 residences accommodating some 3 400 students on the Main Campus in Bloemfontein.

The Reitz video reopened racial wounds, and is deeply regretted. It was an isolated manifestation of resistance to the impact of ongoing transformation initiatives at the University. The video and other acts of public violence and vandalism on the campus have undermined the efforts of the University to foster diversity in student and staff life and create an inclusive institutional culture on the campus.

The actions of a relatively small group of students also inflicted severe damage on the University’s reputation and standing in the local and international academic community. The UFS management had therefore decided that closure of the Reitz Residence was an unavoidable strategic imperative and an important gesture of reconciliation towards all South Africans who had been offended.

The University has apologised unreservedly for the video. Two of the students who were still residents in Reitz were barred from the campus and subsequently terminated their studies at the UFS, while the other two students had already completed their studies last year.

In an endeavour to make restitution and to offer a lasting contribution to transformation, both at the UFS and in the country as a whole, the UFS has committed itself to establishing an institute for diversity on the premises of the former Reitz Residence.

Reitz will therefore be closed as a residence from 20 June 2008. The UFS has appointed a fully representative special committee to assist current Reitz residents in finding alternative accommodation.

The Institute for Diversity is envisaged as a centre of academic excellence for studying transformation and diversity in society – a living laboratory for combating discrimination and enabling and enhancing reconciliation in societies grappling with the issues of racism, sexism and xenophobia.

The declaration of Higher Education South Africa (HESA) published on 28 March 2008 highlighted that racism, intolerance and discrimination are societal phenomena present on many campuses. However, these issues are not restricted to institutions of higher learning, and are symptomatic of a broader social malaise.

In responding to the challenge faced by the University regarding its own transformation issues, as well as those faced by the country, the UFS will study the anti-transformational impulses on the campus as a microcosm of much broader socio-political challenges. The University will transform itself over time into a beacon of hope, combating racism and other forms of discrimination in South Africa and elsewhere in the world.

The Institute for Diversity will add impetus to the University’s existing transformation programme. Six strategic clusters, including a transformation cluster, were created in 2007 as part of the University’s long-term strategic planning.

The University has already provided seed capital of R1 million to design and establish the Institute. Planning will take place during 2008/09, with the Institute being formally opened in the 2010 academic year. An international fund-raising drive to raise an initial target of R50 million will be launched shortly.

Note to editors: The Reitz video was apparently made late last year, but only entered the public domain on 26 February 2008.

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  
27 May 2008


UFS e phatlalatsa ho kwalwa ha hostele ya Reitz le ho thehwa ha Institute for Diversity

Phatlalatso ka Prof. Teuns Verschoor, Morektoro ya tshwereng mokobobo wa UFS

Kajeno bolaodi ba Yunivesithi ya Freistata (UFS) bo phatlaladitse qeto e ananetsweng ke bohle ya ho kwalwa ha hostele ya Reitz mafelong a sehla sena sa pele sa dithuto (semester), le ho thehwa ha Institute for Diversity meahong eo ya Reitz.

Baithuti ba bane ba hostele ya Reitz ba ile ba eba le seabo kgatisong ya video e mpe moo basebetsi ba bane ba bomme ba yunivesithi le mosebetsi wa khamphane ya Prestige Cleaning Services ba ileng ba hohelwa ho ba le seabo mme ba tlontlollwa le ho nyenyefatswa hampe.

Bolaodi ba yunivesithi bo boetse ba nyatsa ka mantswe a bohale video eo e ileng ya hatiswa ka maikemisetso a ho ipelaetsa kgahlanong le leano la diphethoho dihosteleng tse 21 tsa yunivesithi Bloemfontein tseo e leng bodulo ho bathuti ba ka bang 3400.

Morektoro ya tshwereng mokobobo wa UFS, Prof. Teuns Verschoor, o boletse hore video eo ya Reitz e boetse e butse maqeba a semorabe mme e seollwa ka matla. O re e ne e le ketsahalo e ikgethileng ya boipelaetso kgahlanong le diteko tse tswelang pele tsa ho tlisa diphethoho yunivesithing. O re video eo le diketsahalo tse ding tsa merusu le tshenyo ya thepa khamphaseng di setisitse diteko tsa yunivesithi tsa ho tlisa poelano hara baithuti le basebetsi, le ho theha moetlo o akaretsang ka hare ho yunivesithi.

O tswetse pele ka hore diketso tseo tsa sehlotshwana sa baithuti di boetse tsa senya yunivesithi serithi le lebitso mona hae le dinaheng tse ding. Kahoo bolaodi ba UFS bo nkile qeto yah ore ho kwalwa ha hostele ya Reitz ke ntho o kekeng ya qojwa mme e boetse ke mohato wa bohlokwa wa poelano ho ma-Afrika Borwa ohle a anngweng ke taba ena.

Yunivesithi e kopile tshwarelo mabapi le video ena. Ba babedi ba baithuti ba amehang kgatisong ya video eo, ba neng ba ntse ba dula hosteleng ya Reitz, ba ile ba thibelwa ho kena khamphaseng mme yaba ba tlohela dithuto tsa bona, ha ba bang ba babedi bona ba ne ba se ba phethetse dithuto tsa bona selemong se fetileng.

Prof. Verschoor o boletse hore ho leka ho kgutlisetsa maemo setlwaeding le ho tshehetsa leano la diphethoho UFS le naheng ka bophara, UFS e ikanne ho theha Institute for Diversity hona meahong eo ya Reitz.

Kahoo hostele ya Reitz e tla kwalwa ho tloha ka la 20 Phupjane 2008. UFS e thontse komiti e ikgethang e akaretsang bohle ho thusa baithuti ba dulang hosteleng ena hajwale ho fumana bodulo bo bong.

Institute for Diversity e tla ba setsha se kgabane sa dithuto tsa diphethoho le poelano setjhabeng – setsha se tla lwantshana le kgethollo mme se kgothalletse le ho matlafatsa poelano hara batho ba tobaneng le mathata a kgethollo ya mmala, ya bong le lehloyo la melata.

Tokomane ya Higher Education South Africa (HESA) e phatlaladitsweng ka la 28 Hlakubele 2008, e pepesa dintlha tse amanang le kgethollo ya mmala, tlhokeho ya mamellano le kgethollo ka kakaretso e le dintho tse teng dikhamphaseng tse ngata. Dintlha tsena ha di teng feela ditsheng tsa thuto e phahameng, empa le setjhabeng ka kakaretso.

Prof. Vershoor o boletse hore UFS e tla lekola dikgato tse kgahlanong le diphethoho ka hare ho khamphase jwaloka karolo ya diphepetso tse nammeng hara setjhaba ka kakaretso. O re yunivesithi e tla fetoha ha nako e ntse e tsamaya ho ba mohlala o motle wa tshepo, twantsho ya kgethollo ya mmala le mekgwa e meng ya kgethollo Afrika Borwa le lefatsheng ka bophara.

Institute for Diversity e tla thusa ho matlafatsa lenaneo la jwale la diphethoho la yunivesithi. Ho thehilwe di Strategic Clusters tse tsheletseng selemong se fetileng, tse kenyeletsang Transformation Cluster, jwaloka karolo ya merero ya UFS.

Yunivesithi e se e nyehelane ka tjhelete e kana ka diranta tse milione ho rala le ho theha institute ena. Ho rerwa ha yona ho tla etswa ka 2008/09, mme institute ena e tla bulwa semmuso selemong sa dithuto sa 2010. Haufinyana ho tla thakgolwa letsholo la matjhaba la ho bokeletsa tjhelete e kana ka diranta tse dimilione tse mashome a mahlano.


Tlhokomediso ho bahlophisi ba ditaba: Video ya Reitza e hatisitswe selemong se fetileng mme ya hlahella pepeneng ka la 26 Hlakola 2008.

Phatlalatso ya boraditaba
E entswe ke: Lacea Loader
Motlatsa molaodi: Dikgokahano
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
27 Motsheanong 2008








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