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27 June 2022 | Story Sivuyisiwe Magayana | Photo Supplied
Sivuyisiwe Magayana
Sivuyisiwe Magayana is the Senior Officer: Gender Equality and Anti-Discrimination Office in the Unit for Institutional Change and Social Justice, University of the Free State (UFS).

Opinion article by Sivuyisiwe Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.
South Africa is one of the most progressive countries in advancing the rights of sexual and gender minorities in Africa, and its Constitution is the first in the world to prohibit unfair discrimination on the grounds of sexual orientation . But even though South Africa's Constitution guarantees all citizens' rights, many factors still conspire to make transgender and gender-diverse persons particularly vulnerable to life-threatening marginalisation, oppression, violence, and exclusion. Some of these factors include access to education, socioeconomic status, health status, stigma, housing, and discrimination. Because of these and many other factors, the delicate topic of how South African communities and institutions of higher learning treat sexual and gender minorities, particularly the transgender community, is one area that still demands considerable attention. Transgender and gender-diverse students continue to be marginalised, neglected, mistreated, harassed, and silenced because of their gender identity; as a result, universities must develop policies and tactics to combat transphobia and transcend the gender binary.

A spiral of exclusion and marginalisation of trans and gender-diverse students in institutions of higher education

University communities around the world have seen an increase in the number of persons who identify as transgender, gender-diverse and non-binary. As a result they have experienced equally increased enrolment of trans and gender-diverse students. However, it appears that universities are not comprehensively ready to meet the needs of trans and gender-diverse students. While universities acknowledge trans and gender-diverse people, they do so in ways that sustain societal beliefs of underlying gender distinctions and heterosexuality. South African institutions are largely heteronormative, resulting in an institutional setting that is not prepared to meet the needs of transgender and gender-diverse people. Institutions continue to operate under the premise of catering to cisgendered individuals, subjecting those who deviate from this to institutional and social alienation and discrimination. Institutions are fixated on societal distinctions between men and women, which are a primary source of social categorisation and, as a result, feed differentiation and inequality in everyday cultural practice and processes. The binary categorisation excludes transgender and gender-diverse people. Not only is this categorisation hostile, but it also silences and erases the above-mentioned individuals.

As a result, trans and gender-diverse persons experience multiple forms of marginalisation, exclusion, and discrimination in institutions of higher learning, including being denied access to or questioned within campus housing and facilities, harassment, bullying, and alienation – because of their gender identity and expression. Moreover, trans students are faced with being exposed to university systems that lack knowledge about trans persons and issues altogether, including challenges with their forms, such as applications that do not recognise and cater for students that identify outside of the gender binary. Exclusion and marginalisation are also evident in the lack of gender-inclusive residences and facilities, which demonstrates resistance and slow progress towards inclusivity. As a result, some trans students are subjected to aggressive treatment in residences because of a life they did not choose. For instance, trans students who identify as transmen must be placed in women's residences because their official documents still reflect that they are female; similarly, transwomen are placed in male residences. This placement system exposes them to bullying, harassment, and violence from other students who do not “feel at ease” or “safe” among transgender people – because they do not understand the concept of “transitioning”. 

Also, in cases where students must share a room, cisgender female students are paired with transmen in female residences, and when the former expresses any discomfort or feelings of unsafety, the transgender or gender-diverse is more likely to be removed and placed in another residence; it is never the other way around. For people who identify as transgender or gender-diverse, this requires an ongoing negotiation of space. 

Trans persons are evidently caught in a spiral of exclusion and marginalisation, as they are often rejected – not just by their families, but also by the system and by the very institutions that are supposed to equally advance and cater for everyone, regardless of their gender identity, sex, and sexual orientation. 

The violence experienced by trans persons and strategy of invisibility within and outside of universities.

Despite South Africa's constitutional and legislative provisions against discrimination based on gender, gender identity, and sexual orientation, transgender people continue to be violated and become victims of transphobic violence and discrimination. These acts are motivated by society's preconceived notions of what a trans person's gender identity should and should not be. For example, our communities and our institutions of higher learning currently represent a stern heterosexual matrix in which a hegemonic social order posits that all persons should and/or must have a set gender and sexual identity.

This creates a scenario in which those who present gender diversity are perceived to be foreign, “responsible for the collapse of African traditional values” or “un-African”, and are shamed and become victims of violence because they are “not God’s creation”. Many in our society believe that being transgender is a violation of “God's natural order and creation”, which then exposes people outside the gender binary to varying forms and levels of physical, verbal, and emotional violence. These forms of violence impact and trample on their human rights and dignity, self-esteem, and academic progress. As a result, universities lose these students to other institutions that they perceive to be better, more inviting, transformed, and inclusive.

For their safety and wellbeing, trans persons hide and remain invisible to avoid violence, bullying, and discrimination. They do this because society and institutions want them to exist in silence so that the “natural” order of existence in their communities and institutions is not disrupted. As a result, their use of invisibility protects them from humiliation, bullying, transphobia, and general exclusion from social activities that other people enjoy regardless of gender identification.

Way(s) forward
Universities are a direct reflection of our societies. Transphobia attacks, harassment, and discrimination are on the rise in communities across South Africa, and students are more likely to imitate these behaviours that replicate where they come from. As a result, it is past time for institutions to develop safe spaces for everyone, especially gender minorities. Universities should lead the charge for change, but they remain some of the most unaltered and unsafe spaces for people who identify differently. Universities continue to explicitly fight other societal ills such as racism and gender imbalance, but there is still a long way to go in the fight against homophobia and transphobia. Therefore, universities must strengthen their efforts to combat homophobic and transphobic prejudice, discrimination, and violence through policy formation and reformation, advocacy, and awareness campaigns denouncing such treatment.

Additionally, higher education institutions are strongly gendered spaces; they are physically and symbolically divided along gender lines, and remain weaved in the normalised construction of a gender binary. Universities must abandon a binary perspective, adopt and execute gender-inclusive policies, and provide gender-inclusive facilities and housing. They must encourage equality for all, rather than viewing institutions of learning through a gender binary perspective.

News Archive

Pansalb’s Language Rights Monitor Project launched at the UFS
2007-01-25

 

 Attending the launch of the Language Rights Monitoring Project were, from the left: Mr Edward Sambo (acting head of Pansalb), Prof Engela Pretorius (Vice-Dean of the Faculty of the Humanities at the UFS), Prof Theo du Plessis (Director: Unit for Language Management at the UFS) and Mr Vusi Ntlakana (head of the Free State provincial office of Pansalb).

 
 Pansalb’s Language Rights Monitor Project launched at the UFS
 
The Unit for Language Management at the University of the Free State (UFS), in collaboration with the Pan-South African Language Board (Pansalb), today launched the Language Rights Monitor Project on the Main Campus in Bloemfontein.
 
In accordance with the Pansalb Act of 1995, Pansalb is responsible for the promotion and protection of language rights in South Africa, and is the chief funder of the project.          
 
The Language Rights Monitor Project was initiated in 2002 for a trial period of three years, with the aim of reporting to Pansalb, on an annual basis, on language-rights issues in South Africa, as reflected mainly in the printed media.
 
Since then, three reports have already appeared, covering various aspects relating to language rights, including, inter alia, language-rights complaints, language-rights issues, language litigation, as well as research on language rights in South Africa. Profs Johan Lubbe and Theo du Plessis, as well as Dr Elbie Truter, all associated to the UFS, were responsible for the compilation of the first three reports.
 
During 2006, Pansalb decided to establish the project for an unspecified period of time at the Unit for Language Management at the UFS. It is precisely for this reason that the project is being launched. The South African Language Rights Monitor will henceforth appear annually as a prestige publication of Pansalb, compiled by staff associated with the Unit.
 
However, Pansalb has also decided to further consolidate the project, as a result of the need for a more immediate report, as well as the need to include records drawn from newspapers published in the African languages. It was therefore decided that, as from September 2006, a monthly South African Language Rights Bulletin would also be launched. 
 
Such a bulletin would provide an overview, on a monthly basis, of developments in South Africa concerning language rights, and would enable Pansalb to become more actively involved in crisis situations in which mediation is urgently needed. Two monthly bulletins have already appeared, and were favourably received by Pansalb. During the launch of the project, this bulletin was also introduced to the public for the first time.
 
With the official launch of Pansalb’s Language Rights Monitor project in the Free State, emphasis will be placed on the leading role played by this province, and more specifically by the UFS, in the development and implementation of a multilingual policy.
 
In future, more information on the situation regarding language-rights issues in South Africa will be made available from Bloemfontein, for the benefit of South Africa’s language-rights watchdog, Pansalb, but also for the benefit of other institutions involved in language-rights issues.
 
A constructive contribution will thus be rendered to the cultivation of language justice, an important element of the democratisation process in South Africa.
 
Issued by:
Prof Theo du Plessis
Unit for Language Management, UFS
 
 
Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
24 January 2007

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